Declaration of an Approved Wildlife Trade Operation - Tasmanian Scalefish Fishery

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive protection of Australia's biodiversity and environment, particularly in relation to activities that may cause significant impact. The EPBC Act aims to provide a robust framework for the protection of wildlife and biodiversity, ensuring that development and other activities do not have detrimental effects on the environment. This legislation was introduced by the Parliament of Australia, reflecting a policy objective to balance environmental protection with sustainable development. The Act allows for the declaration of approved wildlife trade operations, which are subject to stringent ecological sustainability assessments to ensure that they do not harm native species or ecosystems. This declaration process facilitates the management of wildlife trade in a manner that is consistent with Australia's international obligations and national environmental standards.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to entities engaged in wildlife trade operations, including the harvesting of species, as regulated under Commonwealth legislation. In this instance, the Act applies specifically to Rossglengary Pty Ltd trading as Aqua Marine Tasmania, which is authorised to harvest Nototodarus gouldi, commonly known as Gould's squid, within the Tasmanian Scalefish Fishery. This operation has been declared an approved wildlife trade operation under the EPBC Act, contingent upon adherence to the specified conditions and the management regime outlined in the Tasmanian Living Marine Resources Management Act 1995 and the Tasmanian Fisheries (Scalefish) Rules 2004. The geographical scope of this Act extends to Commonwealth waters and any matters that may impact listed species under the EPBC Act, thereby ensuring that the operations comply with national environmental standards. The declaration is subject to conditions that mandate compliance with existing fishery management laws and require Aqua Marine Tasmania to report annually on its harvest and interactions with protected species, ensuring ongoing oversight and sustainability.

Key Provisions

The primary section of this declaration (section 303FN) identifies the approval of Rossglengary Pty Ltd T/A Aqua Marine Tasmania’s operations for the harvesting of Nototodarus gouldi, commonly known as Gould’s squid, as an approved wildlife trade operation. This declaration is made in accordance with subsection 303FN(2) and paragraph 303FN(10)(d) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The operation is deemed sustainable and meets the criteria set forth in the Act, allowing it to proceed under specified conditions until 15 December 2016. These conditions are outlined in the Schedule attached to the declaration, and any changes to these conditions or the operation itself must be communicated to the Department of the Environment. The obligations imposed by this declaration on Rossglengary Pty Ltd T/A Aqua Marine Tasmania include adherence to the regulations outlined in the Tasmanian Living Marine Resources Management Act 1995 and the Tasmanian Fisheries (Scalefish) Rules 2004. Aqua Marine Tasmania is required to inform the Department of the Environment of any changes to permit conditions issued by the Tasmanian Department of Primary Industries, Parks, Water and Environment or any changes to their operational arrangements that could influence the decision criteria under the EPBC Act. Additionally, Aqua Marine Tasmania must submit annual reports to the Department of the Environment, detailing the total harvest, including the location of the harvest, and any interactions with species listed under the EPBC Act. The declaration also highlights the legal recourse available to those affected by the decision. Under the Administrative Appeals Tribunal Act 1975, an individual whose interests are affected by this decision can apply for a statement of reasons and seek an independent review of the decision. Applications for a statement of reasons can be made to the Department of the Environment within 28 days of the declaration. Applications for independent review must be submitted to the Administrative Appeals Tribunal within 28 days of the declaration or, if reasons are sought, within 28 days of receiving the reasons. This ensures that affected parties have a clear and timely process to contest the decision if necessary. The consequences for breaching the conditions set out in the declaration are not explicitly detailed within the text, but typically, violations of the EPBC Act can result in both civil and criminal penalties. Civil penalties can include fines, and in severe cases, criminal penalties may be imposed, leading to imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any applicable laws and regulations at the time of the offence. Compliance with the conditions and timely reporting is, therefore, crucial for Rossglengary Pty Ltd T/A Aqua Marine Tasmania to avoid potential legal repercussions.