Declaration of an Approved Wildlife Trade Operation - Torres Strait Beche-de-mer Fishery

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a comprehensive framework for the protection and conservation of the environment, including biodiversity, and to manage and regulate activities that may impact the environment. The Act was introduced by the Australian Parliament and aims to provide a coordinated approach to environmental protection and biodiversity conservation, ensuring that these considerations are integrated into decision-making processes across various sectors. This legislation was critical in establishing a unified system for the assessment and approval of activities that may significantly affect matters of national environmental significance, including wildlife trade operations. In this context, the declaration of the operations for the harvesting of specimens that are, or are derived from, fish or invertebrates, other than those species listed under Part 13 of the EPBC Act, taken in the Torres Strait Bêche-de-mer Fishery, as an approved wildlife trade operation, underscores the Act's role in balancing ecological sustainability with economic activities. This declaration, made by the Delegate of the Minister for the Environment, Joanne Beath, was based on the satisfactory consideration of the application from the Australian Fisheries Management Authority and the advice on the ecological sustainability of the fishery operations. The declaration is valid until June 2017 and is subject to specific conditions aimed at ensuring ongoing compliance with environmental standards and biodiversity conservation objectives.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to various persons, entities, industries, and activities that may impact on matters of national environmental significance. In this instance, the Act applies specifically to the operations involved in the harvesting of specimens, specifically fish or invertebrates, taken in the Torres Strait Bêche-de-mer Fishery. This includes entities such as the Australian Fisheries Management Authority, which must adhere to the EPBC Act's requirements for declared wildlife trade operations. The geographic reach of this Act is national, extending across Australia and its territories, and it applies to conduct and transactions occurring within these boundaries. However, it explicitly excludes specimens of species listed under Part 13 of the EPBC Act. The application of the Act may also extend or be restricted through subordinate instruments, which can further define or amend the conditions and scope of the approved wildlife trade operation. The declared operation is subject to specific conditions outlined in the Schedule, which include adherence to the management regime set forth by the Torres Strait Fisheries Act 1984 and the Torres Strait Fisheries Regulations 1985. Additionally, the Protected Zone Joint Authority must inform the Department of the Environment of any amendments to the fishery management arrangements and submit annual reports as per the Guidelines for the Ecologically Sustainable Management of Fisheries.

Key Provisions

The declaration made by Joanne Beath, the Acting Assistant Secretary of the Wildlife Trade and Biosecurity Branch and Delegate of the Minister for the Environment, under section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), pertains to the approval of the operations for the harvesting of specimens that are, or are derived from, fish or invertebrates in the Torres Strait Bêche-de-mer Fishery, provided these are not specimens of species listed under Part 13 of the EPBC Act. This declaration identifies these operations as an approved wildlife trade operation (subsection 303FN(2) and paragraph 303FN(10)(d)) and specifies that it is valid until 15 June 2017, subject to conditions outlined in section 303FT and the Schedule of the EPBC Act. The obligations under this declaration mandate that the operations for the harvesting of specimens in the Torres Strait Bêche-de-mer Fishery are to be conducted in compliance with the management regime established under the Torres Strait Fisheries Act 1984 and the Torres Strait Fisheries Regulations 1985. Furthermore, the Protected Zone Joint Authority is required to inform the Department of the Environment of any intended amendments to the fishery management arrangements that could impact the ecological sustainability assessment of the fishery. Additionally, the Protected Zone Joint Authority must produce and submit annual reports on the Torres Strait Bêche-de-mer Fishery to the Department of the Environment, in accordance with Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition. Regarding the potential consequences for non-compliance, while the text does not explicitly outline the offences, penalties, or civil/criminal consequences for breach, the declaration indicates that a person whose interests are affected by this decision may apply for a statement of reasons and for independent review of the decision under the Administrative Appeals Tribunal Act 1975. An application for a statement of reasons can be made in writing to the Department of the Environment within 28 days of the declaration, and an application for independent review can be made to the Administrative Appeals Tribunal on payment of the relevant fee within 28 days of the declaration, or if reasons are sought, within 28 days of receipt of reasons. The potential repercussions of non-compliance with the approved conditions would likely involve administrative actions, including the possibility of the approved wildlife trade operation being revoked or conditions being altered to ensure compliance with the EPBC Act and the associated guidelines.