EXPLANATORY STATEMENT

Environment Protection and Biodiversity Conservation Act, 1999

Amendment of the List of Exempt Native Specimens in accordance with Section 303DC

(Issued under the Authority of the Minister for the Environment and Heritage)

Section 303DB of the Environment Protection and Biodiversity Conservation Act 1999 (the Act) provides for the establishment of a list of exempt native specimens.  Specimens included on the list are exempt from the export control provisions that apply to regulated native specimens.

The effect of this instrument is to add the following specimens to the list of exempt native specimens and to make those inclusions subject to the notations specified below:

• Specimens that are or are derived from fish or invertebrates, other than specimens that belong to species listed under Part 13 of the Act, taken in the Northern Territory Trepang Fishery

Notations –

• The specimen, or the fish or invertebrate from which it is derived, was taken lawfully;

• The specimens are covered by the declaration of an approved Wildlife Trade Operation under section 303FN of the Act in relation to the fishery.

Listing of the specimens described above will allow continued export of these specimens, without requiring export permits, as long as a wildlife trade operation (WTO) declaration is in force. The fishery must continue to operate in accordance with its WTO conditions or the WTO must be revoked. Should a fishery WTO expire or be revoked, the declaration will no longer apply and the specimens will be removed from the list of exempt native specimens. Export would no longer be permitted. An instrument to declare the Northern Territory Trepang Fishery an approved WTO for a period of 3 years was signed by the Delegate of the Minister for the Environment and Heritage on 20 December 2004 (Attachment A).

On 10 August 2004 the Minister for the Environment and Heritage wrote to Fisheries Ministers seeking their views on inclusion of WTOs on the list of exempt native specimens, in accordance with 303DC (1D)(3). Responses in support of the proposal were received from all State, Territory and Commonwealth Fisheries Ministers. 

Details (copies of the assessment, the instrument and related correspondence to the Minister responsible for the affected fishery) are available at the following website: http://www.deh.gov.au/coasts/fisheries/assessment/index.html

Attachment A to the Explanatory Statement

COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999

DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION

I, IAN CRESSWELL Assistant Secretary, Wildlife Trade and Sustainable Fisheries Branch, as Delegate of the Minister for the Environment and Heritage, have considered in accordance with section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (the Act) the application from the Department of Business, Industry and Resource Development, public comments on the proposal as required under S303FR, and advice on the ecological sustainability of the operation. I am satisfied on those matters specified in Section 303FN of the Act. I hereby declare the operations for the harvesting of specimens that are, or are derived from, fish or invertebrates, other than specimens of species listed under Part 13 of the Act, taken in the Northern Territory Trepang Fishery, as defined in the management regime for the fishery, made under the Northern Territory Fisheries Regulations 1995 in force under the Northern Territory Fisheries Act 1988 to be an approved Wildlife Trade Operation, in accordance with S303FN (2) and (10)(d), for the purposes of the Act.

Unless amended or revoked, this declaration:

a)                  is valid until 22 December 2007 and;

b)                  is subject to the conditions applied under s.303FT specified in the Schedule.

Dated this  TWENTIETH  day of   DECEMBER  2004

………….……Ian Cresswell………

Delegate of the Minister for the Environment and Heritage

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 reason may be made in writing to Department of the Environment and Heritage 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.

SCHEDULE

Declaration of the Harvest Operations of the Northern Territory Trepang Fishery as an approved Wildlife Trade Operation

ADDITIONAL PROVISIONS (s.303FT)

Relating to the harvesting of fish specimens that are, or are derived from, fish or invertebrates, other than specimens of species listed under Part 13 of the Act, taken in the Northern Territory Trepang Fishery, made under the Northern Territory Fisheries Regulations 1995 in force under the Fisheries Act 1988.

1. Operation of the fishery will be carried out in accordance with the Northern Territory management regime made under the Northern Territory Fisheries Regulations 1995 in force under the Fisheries Act 1988;
2. The Northern Territory Department of Business, Industry and Resource Development (DBIRD)will advise the Department of the Environment and Heritage of any material change to the Northern Territory Trepang Fishery’s management arrangements that could affect the criteria on which Environment Protection and Biodiversity Conservation Act 1999 decisions are based, within 3 months of that change being made
3.  Reports to be produced and presented to DEH annually, and to include:

• information sufficient to allow assessment of the progress of DBIRD in implementing the recommendations made in the Assessment of the Northern Territory Trepang Fishery 2004;
• A description of the status of the fishery and catch and effort information;

• A statement of the performance of the fishery against objectives, performance indicators and measures once developed; and
• Research undertaken or completed relevant to the fishery.