Declaration of an approved wildlife trade operation (Variation) - Commonwealth Coral Sea Fishery

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly matters of national environmental significance, and to facilitate sustainable development through the protection and conservation of biodiversity. This Act was introduced to address the need for a comprehensive legislative framework to protect Australia's unique biodiversity and ecosystems, including endangered species and their habitats, as well as to ensure that Australia meets its international obligations under various environmental conventions. The Act was enacted by the Parliament of Australia, with the policy objective of achieving sustainable use of natural resources while protecting the environment. This notifiable instrument, issued by the Delegate of the Minister for the Environment and Energy, modifies the declaration of an approved wildlife trade operation for the Commonwealth Coral Sea Fishery, extending its validity to ensure compliance with international obligations under CITES and the continued sustainable management of marine resources.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to a wide range of activities, entities, and industries that may have a significant impact on matters of national environmental significance, including wildlife trade operations. In this specific instance, the Act applies to the Commonwealth Coral Sea Fishery, as defined under the Commonwealth Fisheries Management Act 1991 and the Fisheries Management Regulations 1992. The geographic scope of the Act extends to the entire Commonwealth of Australia and its external territories, ensuring that environmental protection measures are uniformly enforced across the nation. The Act provides for the declaration and approval of wildlife trade operations, including the setting of specific conditions to ensure compliance with environmental and biodiversity conservation objectives. Additionally, the Act includes provisions for the issuance of CITES export permits for specimens of species listed in Appendix II of Australia’s CITES list, ensuring that international trade in endangered species is conducted sustainably and in accordance with Australia’s obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora. The Act may be subject to further regulation through subordinate instruments, which can provide detailed guidance on implementation and enforcement.

Key Provisions

The main operative sections of this notifiable instrument are section 303FT(7)(b) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) and the Schedule to the declaration of an approved wildlife trade operation dated 16 November 2016. Section 303FT(7)(b) provides the authority for varying the declaration, while the Schedule details the specific condition that is being varied. The condition in question is the validity period of the declaration for the Commonwealth Coral Sea Fishery, which is being extended from 30 June 2017 to 22 December 2017. This Act imposes certain obligations and requirements on parties involved with the Commonwealth Coral Sea Fishery. The most significant obligation is compliance with Australia’s obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), which is addressed through Part 13A of the EPBC Act. Specifically, specimens of species listed in Appendix II of Australia’s CITES list can only be exported if a non-detriment finding has been issued by Australia’s CITES Scientific Authority. This ensures that the export of these species does not harm their survival in the wild. Breach of the conditions set forth in the declaration could lead to significant legal consequences. Under the EPBC Act, violations may result in civil or criminal penalties. Civil penalties can include fines and, in some cases, the recovery of costs incurred by the government in addressing the breach. Criminal penalties may include imprisonment, fines, or both, depending on the severity and intent of the breach. The exact penalties would be determined by a court based on the specific circumstances of the case, but the potential for significant financial and reputational damage exists for those who do not comply with the Act’s requirements. Further, any person whose interests are affected by this decision has the right to seek a statement of reasons and an independent review of the decision under the Administrative Appeals Tribunal Act 1975. An application for a statement of reasons must be made in writing to the Department of the Environment and Energy within 28 days of the declaration, while an application for independent review must be made to the Administrative Appeals Tribunal on payment of the relevant fee within 28 days of the declaration or within 28 days of the receipt of reasons if reasons are sought. This ensures that affected parties have the opportunity to challenge the decision and seek clarification or rectification where necessary.