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, having satisfied myself on the matters set out in section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), declare the operation that is specified in column 1 of Table 1 to be an approved wildlife trade operation under subsection 303FN (2) of the EPBC Act, but only to the extent the operation relates to the class of specimens specified in column 2 of Table 1.
Table 1
Operation | Class of Specimens |
The Torres Strait Tropical Rock Lobster Fishery, as defined in the policy for the fishery in force under the Torres Strait Fisheries Act 1984. | Specimens that are, or are derived from, fish or invertebrates, other than specimens of species listed under Part 13 of the EPBC Act. |
This declaration:
a) is valid until 4 May 2017, and
b) is subject to the conditions under section 303FT of the EPBC Act specified in the Schedule.
Dated this 7th day of May 2014
………………………………Paul Murphy……………………………………
Delegate of the Minister for the Environment
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 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.
SCHEDULE
Declaration of the harvest operations of the Torres Strait Tropical Rock Lobster Fishery as an approved wildlife trade operation, May 2014
ADDITIONAL PROVISIONS (section 303FT)
Relating to the harvesting of fish specimens that are, or are derived from, fish or invertebrates, other than specimens of species listed under Part 13 of the Environment Protection and Biodiversity Conservation Act 1999, taken in the Torres Strait Tropical Rock Lobster Fishery:
- Operation of the Torres Strait Tropical Rock Lobster Fishery will be carried out in accordance with the management regime for the fishery made under the Torres Strait Fisheries Act 1984 and the Torres Strait Fisheries Regulations 1985.
2. The Protected Zone Joint Authority to inform the Department of the Environment of any intended amendments to the management arrangements that may affect the criteria on which Environment Protection and Biodiversity Conservation Act 1999 decisions are based.
3. The Protected Zone Joint Authority to produce and present reports to the Department of the Environment annually as per Appendix B to the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive protection of the Australian environment, particularly in relation to biodiversity conservation and sustainable development. The Act provides a framework for the protection and management of matters of national environmental significance, including the regulation of wildlife trade to prevent over-exploitation and ensure ecological sustainability. This Act was introduced by the Commonwealth Parliament to consolidate and strengthen environmental protection laws, aiming to balance conservation needs with economic activities. The declaration of an approved wildlife trade operation under the EPBC Act, such as the Torres Strait Tropical Rock Lobster Fishery, exemplifies the policy objective of facilitating responsible wildlife trade while safeguarding biodiversity. This legislative measure ensures that specific wildlife operations comply with stringent environmental criteria, thereby contributing to the overarching goal of ecologically sustainable development.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the Torres Strait Tropical Rock Lobster Fishery as an approved wildlife trade operation, as declared by the Delegate of the Minister for the Environment. This declaration applies to operations within the fishery that involve specimens derived from fish or invertebrates, excluding those of species listed under Part 13 of the EPBC Act. The declared operation is valid until 4 May 2017 and is subject to specific conditions outlined in the Schedule to the declaration, including adherence to the management regime under the Torres Strait Fisheries Act 1984 and the Torres Strait Fisheries Regulations 1985. The Protected Zone Joint Authority is required to inform the Department of the Environment of any amendments to management arrangements that may affect the criteria on which EPBC Act decisions are based, and to provide annual reports as per the Guidelines for the Ecologically Sustainable Management of Fisheries.
Key Provisions
The main operative sections of the document declare the Torres Strait Tropical Rock Lobster Fishery as an approved wildlife trade operation under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This declaration (section 303FN) allows the fishery to operate as specified, but only in relation to fish or invertebrate specimens that are not listed under Part 13 of the EPBC Act. The declaration (section 303FN) is effective until 4 May 2017 and is subject to conditions outlined in the Schedule (section 303FT).
The obligations imposed by the Act on the parties involved include adhering to the management regime established under the Torres Strait Fisheries Act 1984 and the Torres Strait Fisheries Regulations 1985 for the operation of the fishery. The Protected Zone Joint Authority must inform the Department of the Environment of any intended amendments to the management arrangements that may impact the criteria for EPBC Act decisions. Furthermore, the Protected Zone Joint Authority is required to produce and submit annual reports to the Department of the Environment as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition.
Breaches of the conditions outlined in the Schedule may lead to civil or criminal consequences. While specific offences and penalties are not detailed in the excerpt, the EPBC Act generally provides for penalties including fines and imprisonment for non-compliance with its provisions. The maximum penalties can vary depending on the specific offence, but may include substantial fines for individuals and corporations as well as potential imprisonment for serious breaches.