Federal Register of Legislation - Australian Government

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This instrument amends a previous wildlife trade operation declaration instrument by varying a condition on which the declaration is subject.
Administered by: Agriculture, Water and the Environment
Registered 20 Nov 2019
Start Date 17 Sep 2016

Declaration of an Approved Wildlife Trade Operation - Queensland East Coast Inshore Fin Fish Fishery (Variation)

made under paragraph 303FT(7)(b) of the Environment Protection and Biodiversity Conservation Act 1999.

Compilation No. 1               

Compilation date:                              17 September 2016

Includes amendments up to:            F2016N00019

 

About this compilation

 

This compilation

This is a compilation of the Declaration of an Approved Wildlife Trade Operation - Queensland East Coast Inshore Fin Fish Fishery (Variation) that shows the text of the law as amended and in force on 17/09/2016 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

  

  

  


Environment Protection and Biodiversity Conservation Act 1999

 

DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION

 

I, Paul Murphy, Assistant Secretary, Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment, hereby vary under paragraph 303FT(7)(b) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) the declaration of an approved wildlife trade operation dated 30 September 2015 for the Queensland East Coast Inshore Fin Fish Fishery, as defined in the management regime in force under the Queensland Fisheries Regulation 2008 and the Queensland Fisheries Act 1994, such that the condition specified in the Schedule to that declaration is varied as follows:

 

In Condition 1, delete the words

“Unless otherwise amended or revoked, this declaration is valid until 16 September 2016.”

and replace with the words

“Condition 1:

Operation of the Queensland East Coast Inshore Fin Fish Fishery will be carried out in accordance with the Queensland Fisheries Act 1994 and the Queensland Fisheries Regulation 2008.

Condition 2:

The Queensland Department of Agriculture and Fisheries to inform the Department of the Environment and Energy of any intended material changes to the Queensland East Coast Inshore Fin Fish Fishery management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.

Condition 3:

The Queensland Department of Agriculture and Fisheries to produce and present reports to the Department of the Environment and Energy annually as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition.

Condition 4:  

The Queensland Department of Agriculture and Fisheries to develop a strategy for the harvest of key fish and shark species taken in the Queensland East Coast Inshore Fin Fish Fishery in consultation with relevant experts and stakeholders. The strategy should include decision rules and reference points that trigger management actions to ensure catch limits remain ecologically sustainable.

Condition 5: 

The Queensland Department of Agriculture and Fisheries to work with relevant stakeholders to determine an improved data collection and validation approach that can provide a robust monitoring regime to inform and allow evaluation of the strategy outlined in Condition 4, and the fishery’s risk to bycatch species.

Condition 6:

The Queensland Department of Agriculture and Fisheries to:

a)    provide appropriate identification tools and education to assist fishers in providing accurate identification and recording of sharks at the species level.

b)   Commence consultation with stakeholders on alternate provisions for the processing of sharks at sea including; introducing a prohibition on the removal of fins and filleting sharks.

Condition 7:

The Queensland Department of Agriculture and Fisheries to continue work to improve understanding of stock status of identified recreationally and commercially important species which are currently classified as ‘undefined’ through:

a) biological monitoring for these species, and

b) publication of this information, along with catch and effort data, in stock status reports. 

Condition 8:

Unless otherwise amended or revoked, this declaration is valid until 28 September 2018.”

 

Notes:

1. Under the Administrative Appeals Tribunal Act 1975, a person whose interests are affected by this decision may apply for a statement of reasons and for independent review of the decision. An application for a statement of reasons may be made in writing to the Department of the Environment within 28 days of the date of the declaration. An application for independent review may be made to the Administrative Appeals Tribunal on payment of the relevant fee within 28 days of the date of the declaration, or if reasons are sought, within 28 days of receipt of reasons. Further information may be obtained from the Director, Sustainable Fisheries Section.

2. 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. Specimens of species listed in Appendix II of Australia’s CITES list under section 303CA of the EPBC Act may only be exported, under a CITES export permit issued under the EPBC Act, if Australia’s CITES Scientific Authority has issued a non detriment finding for that species. Further information, including a list of species for which non detriment findings have been issued and the fisheries from which they may be sourced, is available from htttp://www.environment.gov.au/topics/biodiversity/wildlife-trade/internationally -endangered-plants-and-animals-cites/how-export.

 


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history. 

Endnote 2—Abbreviation key

 

o = order(s)

ad = added or inserted

Ord = Ordinance

am = amended

orig = original

amdt = amendment

par = paragraph(s)/subparagraph(s)

c = clause(s)

    /sub‑subparagraph(s)

C[x] = Compilation No. x

pres = present

Ch = Chapter(s)

prev = previous

def = definition(s)

(prev…) = previously

Dict = Dictionary

Pt = Part(s)

disallowed = disallowed by Parliament

r = regulation(s)/rule(s)

Div = Division(s)

 

exp = expires/expired or ceases/ceased to have

reloc = relocated

    effect

renum = renumbered

F = Federal Register of Legislation

rep = repealed

gaz = gazette

rs = repealed and substituted

LA = Legislation Act 2003

s = section(s)/subsection(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

(md) = misdescribed amendment can be given

Sdiv = Subdivision(s)

    effect

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

    cannot be given effect

Sub‑Ch = Sub‑Chapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

 

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Declaration of an Approved Wildlife Trade Operation - Queensland East Coast Inshore Fin Fish Fishery (Variation)

2 June 2016
(F2016N00013)

3 June 2016

-

Declaration of an Approved Wildlife Trade Operation - Queensland East Coast Inshore Fin Fish Fishery (Variation)

16 September 2016
(F2016N00019)

17 September 2016

-

 

Endnote 4—Amendment history

 

Provision affected

How affected

Schedule

Am F2016N00019