Amendment of List of Exempt Native Specimens - Northern Territory Trepang Fishery, NT (20/12/2004)

Administered by Department of the Environment and Energy

Legislation au F2005L00058 Not in force Legislative Instrument

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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.

 

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was enacted to provide for the protection of the environment, including biodiversity and matters of national environmental significance, and to establish a framework for the sustainable use of natural resources. The Act was introduced to address the need for a comprehensive legal framework to manage environmental protection and biodiversity conservation across Australia. This legislation is enacted by the Parliament of Australia and aims to ensure that environmental considerations are integrated into decision-making processes at both the federal and state levels. The Act allows for the creation of lists of regulated and exempt native specimens, providing flexibility in managing biodiversity conservation and trade. This particular amendment to the Act, issued under the authority of the Minister for the Environment and Heritage, seeks to add certain fish and invertebrate specimens from the Northern Territory Trepang Fishery to the list of exempt native specimens, subject to specific conditions, thereby facilitating their export without the need for export permits provided certain criteria are met.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, as amended by this instrument, provides for the establishment of a list of exempt native specimens, which are exempt from the export control provisions that apply to regulated native specimens. This amendment adds certain fish and invertebrate specimens, other than those belonging to species listed under Part 13 of the Act, taken in the Northern Territory Trepang Fishery to the list of exempt native specimens, subject to specific notations. This inclusion allows for the continued export of these specimens without requiring export permits, provided a wildlife trade operation (WTO) declaration is in force and the fishery operates in accordance with WTO conditions. The WTO declaration for the Northern Territory Trepang Fishery was made by the Delegate of the Minister for the Environment and Heritage on 20 December 2004 and is valid until 22 December 2007, subject to compliance with the conditions specified in the Schedule. The decision to declare the fishery an approved WTO was supported by all relevant Fisheries Ministers. Should the WTO declaration expire or be revoked, the specimens will be removed from the list of exempt native specimens, and export would no longer be permitted.

Key Provisions

The main operative sections of this instrument are sections 303DC, 303DB, and 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (the Act). Section 303DC allows for the amendment of the list of exempt native specimens, section 303DB establishes the list of exempt native specimens, and section 303FN provides the criteria for declaring a Wildlife Trade Operation (WTO) as approved. The instrument adds specimens derived from fish or invertebrates, excluding those belonging to species listed under Part 13 of the Act, taken in the Northern Territory Trepang Fishery to the list of exempt native specimens (section 303DC). These specimens are exempt from export control provisions as long as the WTO declaration is in force and the fishery operates according to WTO conditions (section 303FN). The obligations imposed by this Act on the parties and entities it governs include ensuring that specimens taken in the Northern Territory Trepang Fishery are lawfully harvested (section 303DB). Additionally, the fishery must be operated in compliance with its WTO declaration and the conditions specified in the Schedule (section 303FT). The Northern Territory Department of Business, Industry and Resource Development (DBIRD) must also report annually to the Department of the Environment and Heritage, providing information on the status of the fishery, catch and effort data, performance against objectives, and relevant research (section 303FT). There are no specific offences or penalties mentioned within the text of this instrument; however, the Act generally provides for offences and penalties for breaches of its provisions. For instance, unauthorised export of regulated native specimens is an offence under the Act, with potential criminal penalties including fines up to $300,000 for individuals and $1.5 million for corporations, as well as imprisonment for up to five years. Civil penalties can also be imposed, including fines for breaches of the Act. The precise penalties depend on the nature and severity of the breach.

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