Declaration of an Approved Wildlife Trade Operation - Victoria weedy seadragon operation (WTO existing stocks)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. This legislation was introduced to address the need for a comprehensive framework to manage and protect Australia's biodiversity and environment from potentially harmful activities. The EPBC Act was passed by the Parliament of Australia and aims to ensure that significant impacts on the environment are properly assessed and managed. The Act empowers the Minister for the Environment to delegate decision-making authority to officials, such as in the case of Nathan Hanna, Acting Assistant Secretary, who has declared a wildlife trade operation as approved under the Act. This declaration follows a thorough consideration of the application and ecological sustainability advice, ensuring compliance with state permits and national environmental standards.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad range of entities and persons involved in activities that may impact Australia's environment and biodiversity, including those engaged in wildlife trade. Specifically, this declaration pertains to Oceanreef Aquaculture and its operation for the harvest of the Phyllopteryx taeniolatus, commonly known as the weedy seadragon, from Victorian waters. The declared operation is authorised under the relevant state permits issued under the Victorian Fisheries Act 1995 and operates within the timeframe of December 2014 to January 2015. The Act extends its jurisdiction across the Commonwealth, ensuring that any wildlife trade operation impacting national environmental values is subject to its provisions. While the Act generally applies to all relevant wildlife trade operations, specific exclusions, exemptions, or thresholds are determined through subordinate instruments and specific legislative provisions. Affected parties have the right to seek reasons for the decision and may apply for an independent review by the Administrative Appeals Tribunal within the stipulated timeframes.

Key Provisions

The declaration made by Nathan Hanna, Acting Assistant Secretary, under section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), recognises Oceanreef Aquaculture's operation for the harvest of Phyllopteryx taeniolatus, commonly known as the weedy seadragon, from Victorian waters as an approved wildlife trade operation. This recognition is granted for the period between December 2014 and January 2015, in alignment with relevant state permits issued under the Victorian Fisheries Act 1995. This declaration falls under the category of an existing stocks operation as specified in subsection 303FN(2) and paragraph 303FN(10)(f) of the EPBC Act. The declaration imposes specific obligations on Oceanreef Aquaculture to ensure that their harvesting activities comply with the terms and conditions set forth in the EPBC Act and the relevant state permits. These obligations include, but are not limited to, maintaining accurate records of the harvested quantities, adhering to the designated harvest areas, and implementing measures to mitigate any potential environmental impacts associated with the operation. Furthermore, the company must ensure that their activities do not threaten the survival of the weedy seadragon species or its habitat, thereby promoting the ecological sustainability of the operation. Breaches of the obligations or conditions set out in the EPBC Act or the approved wildlife trade operation declaration can result in significant consequences. Under section 512 of the EPBC Act, any person found to have contravened the Act or its regulations may be subject to civil or criminal penalties. For civil penalties, the maximum fine for a corporation can be up to $66,600 per breach, while individuals can face fines of up to $13,320 per breach. Additionally, criminal penalties may apply, with maximum fines of up to $330,000 for corporations and $66,000 for individuals, along with potential imprisonment terms. These stringent penalties underscore the importance of compliance with the provisions outlined in the EPBC Act and the approved wildlife trade operation declaration.