Declaration of an Approved Wildlife Trade Operation - Torres Strait Finfish Fishery

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive protection of the environment and biodiversity in Australia. It provides a framework for the assessment and approval of activities that may have significant environmental impacts, including the trade of wildlife. This Act was introduced to ensure that such activities are ecologically sustainable and that Australia meets its international obligations under various environmental conventions. The EPBC Act is administered by the Minister for Environment, Heritage and Water, who delegates certain powers to authorised officers, including the ability to declare approved wildlife trade operations. The policy objective of this legislation is to protect and conserve Australia's environment and biodiversity by preventing significant detrimental impacts from activities that are subject to the Act. On 9 July 2013, Geoff Richardson, as the Delegate of the Minister for Environment, Heritage and Water, declared the operations for the harvesting of fish and invertebrate specimens in the Torres Strait Finfish Fishery as an approved wildlife trade operation under the EPBC Act. This declaration acknowledges the compliance of these operations with the ecological sustainability criteria and is subject to specific conditions outlined in the Schedule. The declaration is valid until 26 May 2016 unless amended or revoked, and it aligns with the Torres Strait Finfish Fishery Management Plan 2013. Affected parties have the right to seek a statement of reasons and independent review under the Administrative Appeals Tribunal Act 1975.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the approval of wildlife trade operations in Australia, with the Minister for Environment, Heritage and Water having the authority to designate certain operations as approved wildlife trade operations. This specific declaration applies to 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 Finfish Fishery, as defined in the Torres Strait Finfish Fishery Management Plan 2013, in force under the Torres Strait Fisheries Act 1984. The declaration is subject to conditions outlined in the Schedule and remains valid until 26 May 2016 unless amended or revoked. The geographic reach of the Act is national, and it applies to the entities involved in the fishing operations within the designated area, ensuring compliance with the EPBC Act's ecological sustainability criteria. The declaration also allows for independent review under the Administrative Appeals Tribunal Act 1975.

Key Provisions

The key operative sections of this declaration (sections 303FN and 303FT of the Environment Protection and Biodiversity Conservation Act 1999) establish that the operations for the harvesting of specimens of fish or invertebrates, other than those of species listed under Part 13 of the EPBC Act, taken in the Torres Strait Finfish Fishery, are to be recognised as an approved wildlife trade operation. This declaration is made based on the satisfaction of the Assistant Secretary, Marine Biodiversity and Biosecurity Branch, as Delegate of the Minister for Environment, Heritage and Water, with the application from the Protected Zone Joint Authority and the ecological sustainability of the operation. The operation is valid until 26 May 2016 and is subject to the conditions specified in the Schedule. The obligations imposed by the Act on the parties or entities it governs include ensuring that the operations of the Torres Strait Finfish Fishery are conducted in accordance with the Torres Strait Finfish Fishery Management Plan 2013, which is in force under the Torres Strait Fisheries Act 1984. The Protected Zone Joint Authority must inform the Department of Sustainability, Environment, Water, Population and Communities of any intended amendments to the management arrangements of the fishery that may affect the assessment against the criteria on which decisions under the EPBC Act are based. Additionally, the Authority is required to produce and present annual reports to the Department, as specified in Appendix B of the ‘Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition’. There are no specific offences, penalties, or civil/criminal consequences mentioned in the declaration itself. However, the failure to comply with the conditions specified in the Schedule could potentially lead to the operation no longer being recognised as an approved wildlife trade operation under the EPBC Act, which may have indirect legal and regulatory implications. For any disputes or concerns regarding the decision, a person whose interests are affected may apply for a statement of reasons and for independent review of the decision within 28 days of the date of the declaration. Further information regarding these provisions can be obtained from the Director, Sustainable Fisheries Section.