Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly biodiversity, and to manage and control the impact of Commonwealth activities, projects, actions, and developments. This Act aims to address the ecological impact of various activities and ensure that they do not significantly harm the environment. The EPBC Act was enacted by the Parliament of Australia, and its policy objective is to protect and conserve Australia's biodiversity and environment by providing for the assessment and approval of activities that may have a significant impact on the environment. This declaration by Geoff Richardson, as Delegate of the Minister for Sustainability, Environment, Water, Population and Communities, recognises the operations for the harvesting of fish and invertebrate specimens in the Torres Strait Prawn Fishery as an approved wildlife trade operation under the EPBC Act. This declaration is subject to specific conditions and is valid until 18 March 2016. The operations must comply with the Torres Strait Prawn Fishery Management Plan 2009 and the Torres Strait Fisheries Regulations 1985. The decision can be reviewed under the Administrative Appeals Tribunal Act 1975, with applications for a statement of reasons or independent review to be made within 28 days of the declaration date. The Protected Zone Joint Authority must also provide annual reports to the Department of Sustainability, Environment, Water, Population and Communities as per the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition. This declaration aims to balance the ecological sustainability of the fishery operations with the need for economic activity in the region, while ensuring compliance with the EPBC Act and its policy objectives.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the operations of the Torres Strait Prawn Fishery for the harvesting of specimens derived from fish or invertebrates, excluding those species listed under Part 13 of the Act. This declaration pertains to the operations conducted within the geographical confines of the Torres Strait Prawn Fishery, as defined in the Torres Strait Prawn Fishery Management Plan 2009 under the Torres Strait Fisheries Act 1984. The application of this Act is limited to ensuring that the harvesting activities do not compromise the ecological sustainability of the species involved, and it extends to the entities operating within the fishery, specifically the Protected Zone Joint Authority. The declaration is subject to specific conditions outlined in the Schedule, which include adherence to the management plan and regulations, as well as reporting requirements to ensure ongoing compliance with the Act. The operation of the fishery is contingent upon these conditions, which aim to safeguard the ecological integrity of the fishery while allowing for sustainable practices.

Key Provisions

The main operative sections of this declaration, as outlined in the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), pertain to the approval of wildlife trade operations within specific fisheries. Section 303FN addresses the criteria for declaring such operations, while section 303FN(2) and paragraph 303FN(10)(d) provide the legal basis for the declaration. This declaration specifies that the operations for the harvesting of fish or invertebrate specimens, excluding those listed under Part 13 of the EPBC Act, within the Torres Strait Prawn Fishery are approved, contingent on compliance with the Torres Strait Prawn Fishery Management Plan 2009 and associated regulations. The obligations imposed by this Act on the parties involved include adherence to the prescribed management plans and regulations, such as the Torres Strait Prawn Fishery Management Plan 2009 and the Torres Strait Fisheries Regulations 1985. The Protected Zone Joint Authority is mandated to inform the Department of Sustainability, Environment, Water, Population and Communities of any intended changes to the management arrangements that could impact the ecological sustainability assessment. Furthermore, the Authority is required to submit annual reports to the Department, in accordance with the guidelines provided in the ‘Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition’. Breaches of the conditions outlined in this declaration may result in civil or criminal penalties, although the specific offences and penalties are not detailed in this text. Generally, under the EPBC Act, breaches can lead to significant fines and, in severe cases, imprisonment. The maximum penalties for contravening the Act can vary widely depending on the nature and severity of the breach, but they are designed to enforce compliance with environmental protection and biodiversity conservation objectives. It is important for the involved parties to adhere strictly to the conditions to avoid potential legal repercussions.