Revocation of an Approved Wildlife Trade Operation Declaration for the Commonwealth Coral Sea Fishery, January 2025

Overview

The Revocation of an Approved Wildlife Trade Operation Declaration for the Commonwealth Coral Sea Fishery, January 2025 is a notifiable instrument made by Matt Flood, acting as the Delegate of the Minister for the Environment and Water. Enacted in January 2025, this instrument revokes certain declarations related to the wildlife trade operations within the Commonwealth Coral Sea Fishery. The instrument was introduced to address potential issues or changes in the regulatory framework concerning the wildlife trade operations in the specified fishery. This revocation is made under subsection 303FT(10) of the Environment Protection and Biodiversity Conservation Act 1999, indicating the specific legal authority for this action. The objective, as implied by the nature of the revocation, is to ensure that the operations comply with updated or revised regulations and standards for wildlife trade within the fishery.

Scope and Application

The Revocation of an Approved Wildlife Trade Operation Declaration for the Commonwealth Coral Sea Fishery, January 2025, issued under the authority of the Environment Protection and Biodiversity Conservation Act 1999, pertains specifically to the revocation of previously approved wildlife trade operations within the Commonwealth Coral Sea Fishery. This instrument applies to those entities that held an Approved Wildlife Trade Operation Declaration for the Commonwealth Coral Sea Fishery as of May 2024, which are listed in Schedule 1. The revocation of these declarations affects the operations and legal status of the entities involved in wildlife trade within the specified fishery. This instrument has a national jurisdictional reach, impacting entities operating within the Commonwealth of Australia. The revocation is effective from the day after registration, as stipulated in the commencement provisions of the instrument. Notably, the instrument does not provide for any exclusions, exemptions, or thresholds within its scope, applying uniformly to all entities listed in Schedule 1. Subordinate instruments may extend or further detail the application of this revocation, though the primary instrument itself does not elaborate on such extensions.

Key Provisions

The primary sections of the Revocation of an Approved Wildlife Trade Operation Declaration for the Commonwealth Coral Sea Fishery, January 2025 (hereinafter referred to as the “Revocation Instrument”) specify the revocation of certain instruments related to wildlife trade operations within the Commonwealth Coral Sea Fishery (section 1). The commencement of this Revocation Instrument is detailed in section 2, where it is stated that the provisions specified in the Schedule will commence the day after registration. The Revocation Instrument itself is made under subsection 303FT(10) of the Environment Protection and Biodiversity Conservation Act 1999 (section 3). The Schedule to the Revocation Instrument lists the specific instruments to be revoked, with Schedule 1 detailing the revocation of the Declaration of an Approved Wildlife Trade Operation – Commonwealth Coral Sea Fishery, May 2024. In terms of obligations and requirements, the Revocation Instrument primarily serves to formally revoke the specified instruments pertaining to the approved wildlife trade operations in the Commonwealth Coral Sea Fishery. The Revocation Instrument mandates that the listed instruments are no longer in effect from the specified commencement date, thereby altering the legal status of these operations. The Revocation Instrument is intended to ensure that any previously approved wildlife trade operations are no longer recognised under the law, thus impacting any parties or entities that were relying on these approvals. The Revocation Instrument itself does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach, as its primary function is the revocation of existing instruments. However, any breach of the Environment Protection and Biodiversity Conservation Act 1999, which governs the wildlife trade operations, may result in offences under that Act. Such offences could potentially include fines and imprisonment, as stipulated by the relevant sections of the Act. It is important to note that the Revocation Instrument brings into effect the revocation of the specified instruments, and any subsequent actions that disregard this revocation could potentially be subject to penalties under the overarching legislation.