COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION
I, PAUL MURPHY, Assistant Secretary, Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment, have considered in accordance with section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), advice on the ecological sustainability of the operation. I am satisfied on those matters specified in section 303FN of the EPBC Act. I hereby declare the operations for the incidental harvesting of specimens that are, or are derived from Sphyrna zygaena (smooth hammerhead shark), taken in the South Australian Marine Scalefish Fishery, as defined in the Management Plan for the South Australian Commercial Marine Scalefish Fishery 2013 made under the South Australian Fisheries Management Act 2007, to be an approved wildlife trade operation, in accordance with subsection 303FN(2) and paragraph 303FN(10)(d), for the purposes of the EPBC Act.
Unless amended or revoked, this declaration is valid until 24 September 2015.
Dated this 23rd day of January 2015
….…………………Paul Murphy…..…………………
Delegate of the Minister for the Environment
Notes:
Under the Administrative Appeals Tribunal Act 1975, a person whose interests are affected by this decision may apply for a statement of reasons and for independent review of the decision. An application for a statement of reasons may be made in writing to the Department of the Environment within 28 days of the date of the declaration. An application for independent review may be made to the Administrative Appeals Tribunal on payment of the relevant fee within 28 days of the date of the declaration, or if reasons are sought, within 28 days of receipt of reasons. Further information may be obtained from the Director, Sustainable Fisheries Section.
Australia’s obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) are met through Part 13A of the EPBC Act. Specimens of species listed in Appendix II of Australia’s CITES list under section 303CA of the EPBC Act may only be exported, under a CITES export permit issued under the EPBC Act, if Australia’s CITES Scientific Authority has issued a non detriment finding for that species. Further information, including a list of species for which non detriment findings have been issued and the fisheries from which they may be sourced, is available from http://www.environment.gov.au/topics/biodiversity/wildlife-trade/internationally-endangered-plants-and-animals-cites/how-export.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a comprehensive legislative framework that safeguards Australia's environment, particularly focusing on biodiversity conservation and the management of activities that impact it. This Act aims to ensure that the federal government can effectively manage and protect Australia's environmental assets, including its unique flora and fauna, and their habitats. The EPBC Act was introduced by the Parliament of Australia to consolidate various environmental protection laws and provide a cohesive approach to biodiversity conservation, thus fulfilling Australia's obligations under international agreements such as the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
The policy objective behind the EPBC Act is to promote the protection of the environment, particularly biodiversity, by providing a streamlined process for the assessment and approval of activities that may impact the environment. This includes ensuring that trade in wildlife is sustainable and does not contribute to the decline of endangered species. The declaration of an approved wildlife trade operation, such as the incidental harvesting of smooth hammerhead sharks in the South Australian Marine Scalefish Fishery, exemplifies the Act's role in balancing economic activities with ecological sustainability.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to operations that may impact matters of national environmental significance, including the incidental harvesting of specimens from certain species, such as the smooth hammerhead shark (Sphyrna zygaena) in the context of this declaration. This declaration pertains specifically to the South Australian Marine Scalefish Fishery as defined under the South Australian Fisheries Management Act 2007. The operation has been declared as an approved wildlife trade operation, which means it complies with the ecological sustainability requirements outlined in the EPBC Act. The declaration is valid until 24 September 2015, unless amended or revoked beforehand. The jurisdictional reach of the EPBC Act is national, applying across the Commonwealth of Australia, and it also ensures compliance with Australia's obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) through Part 13A of the Act. Exclusions and exemptions are not specified in this particular declaration, but the general operation of the EPBC Act can be further refined or expanded through subordinate instruments or regulations.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a significant piece of legislation in Australia that governs the protection of the environment, particularly biodiversity. Section 303FN of the Act allows for the declaration of wildlife trade operations that are deemed ecologically sustainable. This declaration, issued by Paul Murphy as the Delegate of the Minister for the Environment, specifies that the incidental harvesting of specimens of Sphyrna zygaena (smooth hammerhead shark) within the South Australian Marine Scalefish Fishery is approved as an ecologically sustainable operation until 24 September 2015. This declaration is made pursuant to the provisions of subsection 303FN(2) and paragraph 303FN(10)(d) of the Act.
The obligations imposed by this declaration primarily revolve around ensuring that the operations concerning the smooth hammerhead shark adhere to the ecological sustainability criteria set forth by the EPBC Act. Those conducting these operations must comply with the specific conditions outlined in the Management Plan for the South Australian Commercial Marine Scalefish Fishery 2013, as well as any other relevant guidelines and permits. This includes adhering to any specific quotas, catch limits, and other regulatory measures designed to mitigate environmental impacts and ensure the long-term viability of the species.
Breaching the conditions of this declaration can have serious consequences. Under the EPBC Act, non-compliance with the provisions governing wildlife trade operations can result in both civil and criminal penalties. For example, the Act provides for significant fines and potential imprisonment for serious or repeated breaches. The exact penalties depend on the nature and severity of the offence but can include substantial financial penalties for corporations and individuals alike. Furthermore, the declaration notes that affected parties may seek a statement of reasons or apply for independent review of the decision, which can further complicate and potentially penalise non-compliant operations.