Approved Wildlife Trade Operation Declaration (Northern Territory Aquarium Fishery) Revocation Instrument July 2021
I, Laura Timmins, Senior Director, Wildlife Trade Office, delegate of the Minister for the Environment, make the following instrument.
Dated this 27 day of July 2021
Laura Timmins
Delegate of the Minister for the Environment
1 Name
This instrument is the Approved Wildlife Trade Operation Declaration (Northern Territory Aquarium Fishery)Revocation Instrument July 2021.
2 Commencement
(1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provisions | Commencement | Date/Details |
1. The whole of this instrument | The day after registration. | |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under subsection 303FT(10) of the Environment Protection and Biodiversity Conservation Act 1999.
4 Schedules
Each instrument that is specified in a Schedule to this instrument is revoked as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Schedule 1—Revocation
Declaration of an Approved Wildlife Trade Operation – Northern Territory Aquarium Fishery, December 2019
1 The whole of the instrument
Revoke the instrument.
Overview
The Approved Wildlife Trade Operation Declaration (Northern Territory Aquarium Fishery) Revocation Instrument July 2021 was introduced to address the need for revoking previous declarations under the Environment Protection and Biodiversity Conservation Act 1999. Enacted by Laura Timmins, the Senior Director of the Wildlife Trade Office and a delegate of the Minister for the Environment, this instrument operates to formally revoke the earlier declaration concerning the Northern Territory Aquarium Fishery. The policy objective here is to ensure compliance with environmental protection standards and to maintain the integrity of wildlife trade operations by revoking outdated or inappropriate declarations. This revocation aligns with the legislative framework established under the Environment Protection and Biodiversity Conservation Act 1999, ensuring that wildlife trade operations meet the necessary regulatory standards.
Scope and Application
The Approved Wildlife Trade Operation Declaration (Northern Territory Aquarium Fishery) Revocation Instrument July 2021 applies to the revocation of a specific declaration made under the Environment Protection and Biodiversity Conservation Act 1999, concerning the Northern Territory Aquarium Fishery. This instrument is effective from the day after its registration and is made under the authority of subsection 303FT(10) of the aforementioned Act. The instrument revokes the Declaration of an Approved Wildlife Trade Operation issued in December 2019 for the Northern Territory Aquarium Fishery. This revocation applies to all provisions specified in the instrument and is limited to the geographic and jurisdictional scope of the Northern Territory in Australia. The instrument does not specify any exclusions, exemptions, or thresholds, and its application is directly tied to the revocation of the specified declaration without the need for further extension or restriction through subordinate instruments.
Key Provisions
The Approved Wildlife Trade Operation Declaration (Northern Territory Aquarium Fishery) Revocation Instrument July 2021 outlines the revocation of a previously declared operation. According to section 1, this instrument is specifically named and it is effective from the day after its registration, as stated in section 2. This revocation is pursuant to subsection 303FT(10) of the Environment Protection and Biodiversity Conservation Act 1999, as mentioned in section 3. The instrument details the revocation of the Declaration of an Approved Wildlife Trade Operation – Northern Territory Aquarium Fishery, December 2019, as set out in Schedule 1 of the instrument, which revokes the entire previously declared operation.
The obligations imposed by this instrument on the parties or entities it governs primarily concern the cessation of operations that were previously approved under the Northern Territory Aquarium Fishery. Given that the operation's approval has been revoked, any entities that were previously operating under this approval must now cease their activities in accordance with the provisions of this instrument. They must ensure that no further wildlife trade operations are conducted under the previously approved declaration. This includes adhering to any additional requirements or guidelines that may be issued in relation to the revocation.
Section 4 and Schedule 1 of the instrument explicitly state that the previously approved operation is revoked, and no further activities can be carried out under that approval. This means that any ongoing operations must be halted, and the entities involved must comply with the new legal requirements that come into effect post-revocation. This could involve halting the collection, processing, or sale of wildlife and ensuring that any inventory is appropriately managed or stored in compliance with the law.
Failure to comply with the provisions of this instrument could result in legal consequences. Although specific penalties are not detailed in the instrument, breaches of the Environment Protection and Biodiversity Conservation Act 1999 can result in significant penalties. These could include fines and/or imprisonment, depending on the nature and severity of the breach. For instance, under the Act, individuals can face fines of up to $222,222 and corporations can face fines of up to $1,111,111 for serious environmental offences. Therefore, it is imperative that all parties affected by this revocation act in accordance with the new legal requirements to avoid potential penalties.