Revocation of Approved Wildlife Trade Operation Declarations for 12 Australian Fisheries, November 2023
I, BELINDA JAGO, Branch Head, Ocean and Wildlife, delegate of the Minister for the Environment and Water, make the following instrument.
Dated this 15th day of November 2023
SIGNED
Belinda Jago
Delegate of the Minister for the Environment and Water
1 Name
This instrument is the Revocation of Approved Wildlife Trade Operation Declarations for 12 Australian Fisheries, November 2023.
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Note: This table relates only to the provisions of this instrument as originally made.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 – Commonwealth Coral Sea Fishery, July 2021
Declaration of an approved Wildlife Trade Operation – Commonwealth Eastern Tuna and Billfish Fishery, August 2022
Declaration of an approved Wildlife Trade Operation – Commonwealth Western Tuna and Billfish Fishery, November 2022
Declaration of an approved Wildlife Trade Operation – Commonwealth Southern and Eastern Scalefish and Shark Fishery, February 2022
Declaration of an approved Wildlife Trade Operation – Commonwealth Southern Bluefin Tuna Fishery, November 2022
Declaration of an approved Wildlife Trade Operation – New South Wales Ocean Trawl Fishery, July 2021
Declaration of an approved Wildlife Trade Operation – New South Wales Ocean Trap and Line Fishery, July 2021
Declaration of an approved Wildlife Trade Operation – Northern Territory Offshore Net and Line Fishery, March 2022
Declaration of an approved Wildlife Trade Operation – Northern Territory Coastal Line Fishery, July 2023
Declaration of an approved Wildlife Trade Operation – Queensland Aquarium Fish Fishery, April 2021
Declaration of an approved Wildlife Trade Operation – South Australian Lakes and Coorong Fishery, March 2023
Declaration of an approved Wildlife Trade Operation – Western Australian West Coast Demersal Gillnet and Demersal Longline Interim Managed Fishery and the Southern Demersal Gillnet and Demersal Longline Managed Fishery, August 2021
1 The whole of the instrument
Revoke the instruments specified in Schedule 1.
Overview
The Revocation of Approved Wildlife Trade Operation Declarations for 12 Australian Fisheries, November 2023 is a notifiable instrument made under subsection 303FT(10) of the Environment Protection and Biodiversity Conservation Act 1999. This instrument, dated 15 November 2023 and signed by Belinda Jago, Delegate of the Minister for the Environment and Water, revokes the declarations of approved wildlife trade operations for twelve specified fisheries. The revocations are set to commence on the day after registration, as detailed in the instrument. The enactment addresses a gap by providing a mechanism for the revocation of previously approved wildlife trade operations, thereby allowing for adjustments in management strategies or compliance with updated regulatory standards.
Scope and Application
The Revocation of Approved Wildlife Trade Operation Declarations for 12 Australian Fisheries, November 2023 instrument applies to the specified declarations listed in Schedule 1, which pertain to various fisheries in Australian waters, including both Commonwealth and state/territory fisheries. The revocation affects entities and operations that were previously approved under these declarations, removing their authorised status. This instrument is made under subsection 303FT(10) of the Environment Protection and Biodiversity Conservation Act 1999 and therefore operates within the scope of the Commonwealth’s legislative authority in matters of biodiversity conservation and protection. The revocation takes effect on the day after the instrument is registered, with each specified declaration ceasing to have effect from that date. The instrument’s jurisdictional reach is limited to the fisheries listed, impacting those entities directly involved in the operations of these fisheries. There are no stated exclusions, exemptions, or thresholds within the text of this instrument, and it does not extend or restrict its application through subordinate instruments.
Key Provisions
This legislation, the Revocation of Approved Wildlife Trade Operation Declarations for 12 Australian Fisheries, November 2023, revokes specific declarations of approved wildlife trade operations for twelve fisheries as listed in Schedule 1. The instrument is made under subsection 303FT(10) of the Environment Protection and Biodiversity Conservation Act 1999 (section 3). The revocation takes effect the day after the registration of this instrument (section 2). The Schedule lists the specific declarations that are revoked, including those for the Commonwealth Coral Sea Fishery, the Commonwealth Eastern Tuna and Billfish Fishery, and others.
Entities that were previously operating under these declarations must now cease operations in accordance with the revocation. This includes ceasing to undertake activities that were previously authorised under the declarations. The revocation applies to all operations conducted under these declarations, and no new operations may commence under these revoked declarations.
Failure to comply with the revocation may result in civil or criminal penalties. Under the Environment Protection and Biodiversity Conservation Act 1999, entities that continue to operate in breach of the revocation may face fines of up to $666,000 for a corporation and $133,000 for an individual, as well as potential imprisonment. The specific penalties depend on the nature and extent of the non-compliance, and the courts have the discretion to impose penalties within these statutory limits.
The revocation also affects any existing approvals or permits issued under the now-revoked declarations. These approvals and permits are no longer valid, and entities must apply for new approvals under the current regulatory framework. Failure to secure new approvals where necessary may also result in enforcement action under the Environment Protection and Biodiversity Conservation Act 1999.
In summary, the instrument mandates the immediate cessation of operations under the specified declarations, imposes stringent compliance obligations, and provides for substantial penalties for non-compliance, including fines and potential imprisonment.