Declaration of an Approved Wildlife Trade Operation - Western Australian Marine Aquarium Fish Managed Fishery

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance, and to establish an efficient and effective system for the management of the environmental impacts of Commonwealth activities, works and developments. This Act was introduced to address the gaps in environmental protection and biodiversity conservation that existed under previous legislation, aiming to provide a comprehensive framework for the protection of the environment, including wildlife trade operations. The Act was enacted by the Parliament of Australia, with the policy objective of integrating environmental considerations into decision-making processes and promoting sustainable development. This declaration of an approved wildlife trade operation under the Act concerns the Western Australian Marine Aquarium Fish Managed Fishery. The declaration modifies the conditions of the operation, extending the deadline for finalising and adopting the harvest strategy for the fishery. This variation was authorised by Paul Murphy, Assistant Secretary of the Wildlife Trade and Biosecurity Branch, as a Delegate of the Minister for the Environment. Affected parties have the right to request reasons for the decision and apply for an independent review by the Administrative Appeals Tribunal within specified timeframes.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to activities that have, will have, or are likely to have a significant impact on matters of national environmental significance, which include protected species, ecological communities, heritage places, and the World Heritage properties. This federal Act applies to individuals, corporations, and government entities that undertake actions or activities that could potentially affect these environmental aspects. The Act's jurisdiction is national, extending across the Commonwealth of Australia, including its territories, and it interacts with state and territory legislation to provide a comprehensive environmental protection framework. The Act's scope can be extended or restricted through subordinate instruments, such as regulations or guidelines, which provide more detailed instructions on the implementation of the Act. There are certain exclusions and exemptions, including activities that are authorised by another Act, which may still be subject to conditions to mitigate environmental impacts. This specific declaration variation concerns the approved wildlife trade operation for the Western Australian Marine Aquarium Fish Managed Fishery, modifying the timeline for finalising and adopting the harvest strategy for the fishery.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) serves as the legislative framework governing wildlife trade operations in Australia. In this context, the legislation provides for the declaration and subsequent variation of approved wildlife trade operations, as detailed in the recent Gazetted Declaration of 2 September 2015. Specifically, Section 303FT(7)(b) of the EPBC Act allows for the variation of the declaration of an approved wildlife trade operation, as exercised by Paul Murphy, the Assistant Secretary, Wildlife Trade and Biosecurity Branch, on behalf of the Minister for the Environment. The variation pertains to the Western Australian Marine Aquarium Fish Managed Fishery, governed by the Western Australian Fish Resources Management Act 1994 and its regulations, and operates under permits issued under that Act. The primary change involves altering Condition 5(b) of the operation’s declaration, extending the deadline for finalising and adopting the harvest strategy for the fishery from mid 2015 to December 2015. The obligations imposed by this legislation on the parties involved are primarily centred on compliance with the specified conditions of the approved wildlife trade operation. The Western Australian Marine Aquarium Fish Managed Fishery must adhere to the amended conditions, ensuring that the harvest strategy is finalised and adopted by the new deadline. Additionally, any person whose interests are affected by the declaration has the right to seek reasons for the decision from the Department of the Environment within 28 days of the declaration. This provision allows for transparency and ensures that stakeholders are informed about the decision-making process. Furthermore, there is an avenue for independent review of the decision through the Administrative Appeals Tribunal (AAT), as outlined under section 303GJ(1) of the EPBC Act. Applicants must submit their review application to the AAT within 28 days of receiving the reasons for the decision or within 28 days of the declaration itself if reasons are not sought. Breaches of the conditions set forth in the approved wildlife trade operation could lead to various legal consequences. While the specific offences, penalties, or civil and criminal consequences are not detailed in the Gazette, it is understood that non-compliance with the EPBC Act’s provisions could result in enforcement actions by the Department of the Environment. These actions might include fines, suspension, or revocation of permits, and other regulatory measures aimed at ensuring adherence to the Act’s requirements. Additionally, the Administrative Appeals Tribunal has the authority to review decisions and may impose penalties or sanctions for non-compliance. The specific penalties would depend on the nature and severity of the breach, and could be subject to further legislative provisions or guidelines established under the EPBC Act.