Variation to Condition 4 of the Approved Wildlife Trade Operation – Queensland Coral Fishery, June 2018

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly matters of national environmental significance, and to meet Australia's international obligations, including those under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The Act was introduced to address the need for comprehensive environmental protection legislation that aligns with Australia's international commitments and the necessity to manage and conserve biodiversity effectively. Enacted by the Australian Parliament, the policy objective of the EPBC Act is to ensure the protection and sustainable use of the environment through the regulation of activities that may significantly impact the environment. This notifiable instrument, issued under the authority of the EPBC Act, pertains to the modification of a condition in the approved wildlife trade operation for the Queensland Coral Fishery. The variation extends the deadline for the Queensland Department of Agriculture and Fisheries to finalise a new harvest strategy, reflecting the need for a more nuanced and spatially aware management approach while still meeting Australia's obligations under CITES. The instrument underscores the importance of adaptive management in fisheries to ensure the sustainability of marine resources.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment, including biodiversity, and the management of wildlife trade operations across Australia. This Act applies to entities and individuals involved in wildlife trade operations, including the Queensland Coral Fishery, which is managed under the Fisheries Act 1994 (Qld). The Act's jurisdictional reach is national, encompassing all activities that may significantly impact listed threatened species and ecological communities, including those subject to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The recent variation to Condition 4 of the approved wildlife trade operation for the Queensland Coral Fishery extends the deadline for the Queensland Department of Agriculture and Fisheries to finalise a new harvest strategy, with the primary aim of incorporating and replacing the existing performance management system and implementing a finer scale spatial management system. This variation is subject to the EPBC Act and any applicable subordinate instruments, and affected parties may seek a review of the decision under the Administrative Appeals Tribunal Act 1975.

Key Provisions

The main operative sections of this notifiable instrument (F2020N00170) are under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) and relate to the modification of Condition 4 for the approved wildlife trade operation of the Queensland Coral Fishery. Specifically, the instrument varies the original condition that required the Queensland Department of Agriculture and Fisheries to finalise and implement a new harvest strategy by the end of 2020, to now require the finalisation of the new harvest strategy by 18 June 2021 (section 303FT(7)(b)). The new harvest strategy must still incorporate and replace the existing performance management system for this fishery and implement a finer scale spatial management system (Schedule, Condition 4). The obligations and requirements imposed by this Act on the parties governed include the necessity for the Queensland Department of Agriculture and Fisheries to finalise a new harvest strategy by the new deadline of 18 June 2021. This strategy must continue to meet the requirements set out in the original condition, which is to incorporate and replace the existing performance management system for the fishery and implement a finer scale spatial management system. This extension of the deadline is intended to provide the Department with additional time to ensure the strategy is robust and effectively addresses the management needs of the Queensland Coral Fishery. In terms of consequences for breach, the Act does not explicitly state any offences, penalties, or specific civil or criminal consequences for failing to comply with the varied condition. However, it is implied that failure to meet the new deadline or to adhere to the specified requirements could lead to non-compliance with the approved wildlife trade operation, which might in turn have broader implications under the EPBC Act, including potential enforcement actions by the relevant authorities. Additionally, the instrument notes that affected persons may seek a statement of reasons or an independent review of the decision under the Administrative Appeals Tribunal Act 1975, highlighting the procedural safeguards available to those whose interests are affected by this decision. It is also pertinent to note that Australia's obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) are met through Part 13A of the EPBC Act. For species listed in Appendix II of Australia’s CITES list, export of specimens is regulated and requires a non-detriment finding from Australia’s CITES Scientific Authority. This reinforces the importance of adhering to the modified condition, ensuring that the new harvest strategy aligns with both national and international biodiversity conservation efforts.