Revocation of an Approved Wildlife Trade Operation Declaration for the Commonwealth Torres Strait Bêche-de-mer Fishery, January 2025
I, Matt Flood, A/g Branch Head, Ocean and Wildlife Branch, as Delegate of the Minister for the Environment and Water, make the following instrument.
Dated this 7th day of January 2025
MATT FLOOD
………….…….…………………………………
Delegate of the Minister for the Environment and Water
1 Name
This instrument is the Revocation of an Approved Wildlife Trade Operation Declaration for the Commonwealth Torres Strait Bêche-de-mer Fishery, January 2025.
2 Commencement
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of each instrument specified in Schedule 1. | The day after registration. | |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under subsection 303FT(10) of the Environment Protection and Biodiversity Conservation Act 1999.
4 Schedules
Each instrument that is specified in a Schedule to this instrument is revoked as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Revocation
Declaration of an Approved Wildlife Trade Operation – Torres Strait Bêche-de-mer Fishery, May 2024
1 The whole of the instrument
Revoke the instruments specified in Schedule 1.
Overview
The Revocation of an Approved Wildlife Trade Operation Declaration for the Commonwealth Torres Strait Bêche-de-mer Fishery, January 2025, was enacted in January 2025 and serves to revoke a previously approved wildlife trade operation declaration for the Torres Strait Bêche-de-mer fishery. This legislative instrument addresses the need to reassess or modify existing regulatory frameworks to better align with contemporary environmental and sustainability standards. The enactment of this revocation was carried out by Matt Flood, acting as the Delegate of the Minister for the Environment and Water, under the authority granted by subsection 303FT(10) of the Environment Protection and Biodiversity Conservation Act 1999. The policy objective, as indicated in the text, is to ensure that the management of wildlife trade operations adheres to the highest environmental and conservation standards.
Scope and Application
This instrument, titled "Revocation of an Approved Wildlife Trade Operation Declaration for the Commonwealth Torres Strait Bêche-de-mer Fishery, January 2025," revokes specific declarations related to the Torres Strait Bêche-de-mer Fishery. The instrument is made under subsection 303FT(10) of the Environment Protection and Biodiversity Conservation Act 1999, indicating its application to entities or operations within the Commonwealth's jurisdiction that involve the trade of Bêche-de-mer in the Torres Strait. The revocation affects all provisions specified in Schedule 1, which includes the cancellation of the Declaration of an Approved Wildlife Trade Operation for the Torres Strait Bêche-de-mer Fishery issued in May 2024. The revocation takes effect the day after registration, as stipulated in the commencement section of the instrument. Notably, this instrument does not extend its application beyond the specified declarations, and no exclusions, exemptions, or thresholds are mentioned within the provided text.
Key Provisions
The main operative sections of this instrument are found in Section 1, which names the instrument, and Section 4, which details the Schedules and the revocation of specified instruments. Section 2 provides the commencement dates for the various provisions, indicating that the revocation takes effect the day after registration. The Schedule 1 lists the specific instruments that are to be revoked, namely the Declaration of an Approved Wildlife Trade Operation for the Torres Strait Bêche-de-mer Fishery dated May 2024. This revocation means that the previously approved wildlife trade operation declaration is no longer in effect from the day after the instrument's registration.
The obligations and requirements imposed by this Act are primarily directed towards ensuring compliance with environmental and biodiversity conservation laws. The revocation of the Approved Wildlife Trade Operation Declaration means that the entities previously approved to conduct trade operations for the Torres Strait Bêche-de-mer Fishery must now cease their operations, or seek new approvals if they wish to continue. This ensures that only those operations that meet current environmental standards are permitted to trade in the specified fishery. Entities involved must review their operations to ensure they are compliant with any new regulations or standards that may have been introduced since the original approval.
In terms of offences, penalties, or consequences, the Act itself does not explicitly detail these; however, it is implied that failure to comply with the revocation could result in legal action. The Environment Protection and Biodiversity Conservation Act 1999 under which this instrument is made, provides for a range of penalties. For breaches of the Act, individuals can face fines of up to $330,000, while corporations can be fined up to $1.65 million. Additionally, both individuals and corporations can be subject to criminal prosecution, which could result in imprisonment. The specific penalties would depend on the nature and severity of the breach, as well as any previous history of non-compliance.