Revocation of Approved Wildlife Trade Operation Declarations for three Australian Sea Cucumber Fisheries, May 2024

Overview

The Revocation of Approved Wildlife Trade Operation Declarations for three Australian Sea Cucumber Fisheries, May 2024, was enacted to address issues related to the management and sustainability of sea cucumber fisheries in Australian waters. This instrument was created under the authority of subsection 303FT(10) of the Environment Protection and Biodiversity Conservation Act 1999, by Belinda Jago, Branch Head of the Ocean and Wildlife Branch, as Delegate of the Minister for the Environment and Water. The primary objective of this legislation is to revoke specific declarations that had previously approved certain wildlife trade operations in the Commonwealth Coral Sea Fishery, the Torres Strait Bêche-de-mer fishery, and the Queensland Sea Cucumber Fishery (East Coast). The revocation aims to ensure that these fisheries comply with the updated regulatory standards and environmental protections required under current legislation. This revocation is effective from the day after its registration, as outlined in the commencement provisions.

Scope and Application

The Revocation of Approved Wildlife Trade Operation Declarations for three Australian Sea Cucumber Fisheries, May 2024, applies to the specified declarations listed in Schedule 1, including the Commonwealth Coral Sea Fishery, the Torres Strait Bêche-de-mer fishery, and the Queensland Sea Cucumber Fishery (East Coast). The revocation affects those who previously held the approved wildlife trade operation declarations for these fisheries. The instrument is made under the authority of subsection 303FT(10) of the Environment Protection and Biodiversity Conservation Act 1999, thereby conferring a national jurisdictional reach. The revocation impacts entities involved in the trade of wildlife, specifically targeting the operations that have been approved under previous declarations. The revocation is effective from the day after registration, as specified in the instrument's commencement provisions. The instrument does not explicitly state any exclusions, exemptions, or thresholds, but its application is confined to the revocation of the specified declarations, leaving other wildlife trade operations unaffected. Any further extension or restriction of the application would be governed by any subordinate instruments made under the authority of the Act.

Key Provisions

The Revocation of Approved Wildlife Trade Operation Declarations for three Australian Sea Cucumber Fisheries, May 2024, revokes the approvals for certain wildlife trade operations in three fisheries. Specifically, Schedule 1 lists the instruments that are revoked, including the Declaration of an Approved Wildlife Trade Operation for the Commonwealth Coral Sea Fishery, the Torres Strait Bêche-de-mer fishery, and the Queensland Sea Cucumber Fishery (East Coast). This revocation affects the specific trade operations that had previously been approved under the Environment Protection and Biodiversity Conservation Act 1999. Each provision of the revocation instrument commences the day after its registration, as detailed in the commencement table within the instrument (Section 2). The revocation applies to the entire instrument specified in Schedule 1, nullifying the previous approvals granted. The Act imposes obligations on the parties involved, ensuring that the revoked declarations are no longer valid and that the operations they covered must now comply with current regulations. The parties previously authorised under the revoked declarations must cease any activities that were permitted by the now-revoked approvals and seek new approvals if they wish to continue similar operations. Additionally, these parties must adhere to any new conditions or requirements imposed by the current regulations. Failure to comply with the revocation and the subsequent requirements of the Environment Protection and Biodiversity Conservation Act 1999 may result in various penalties. For instance, individuals or entities found to be conducting operations under the revoked declarations may face fines or other civil penalties. The specific penalties would depend on the nature and extent of the breach, as outlined in the relevant sections of the Act. Criminal penalties may also apply if the non-compliance is deemed to be a serious offence, potentially resulting in imprisonment. The exact penalties are detailed in the Act, but they can include significant fines and, in severe cases, imprisonment.