COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE MANAGEMENT PLAN – CROCODILE FARMING IN THE NORTHERN TERRITORY 2021–25
I, Laura Timmins, Senior Director of the Wildlife Trade Office, as Delegate of the Minister for the Environment being satisfied as to the matters set out in section 303FO of the EPBC Act, declare that the Wildlife Trade Management Plan – Crocodile Farming in the Northern Territory 2021–25 (the Plan) is an approved wildlife trade management plan for the purposes of section 303FO of the Environment Protection and Biodiversity Conservation Act 1999.
Unless amended or revoked, this declaration:
(a) is valid for five years from the day after the date of registration on the Federal Register of Legislation; and
(b) has effect subject to the following conditions applied under section 303FT:
- Commercial farming of crocodiles in the Northern Territory must be conducted in accordance with the Wildlife Trade Management Plan- Crocodile Farming in the Northern Territory 2021 – 2025 (the Plan).
- The Northern Territory Department of Environment, Parks and Water Security must inform the Department of any intended changes to management arrangements for the commercial farming of crocodiles in the Northern Territory that may affect the assessment against which EPBC Act decisions have been made.
- The annual report referred to in section 3.4 of the Plan must be submitted to the Department of Agriculture, Water and the Environment by 30 June each year. The annual report will cover the previous calendar year.
Dated this 2nd day of December 2020
………Laura Timmins………
Delegate of the Minister for the Environment
A person whose interests are affected by this declaration may, within 28 days, make an application in writing to the Department of Agriculture, Water and the Environment for the reasons for the decision.
An application for independent review of the decision (under section 303GJ(1) of the Environment Protection and Biodiversity Conservation Act 1999) may be made to the Administrative Appeals Tribunal (AAT), on payment of the relevant fee (currently $884 or reduced fee where applicable due to financial hardship) by the applicant, either within 28 days of receipt of the reasons for the decision, or within 28 days of this declaration if reasons for the decision are not sought. Applications should be made to the Deputy Registrar, AAT in your capital city. Please visit the AAT’s website at http://www.aat.gov.au/ for further information. You may make an application under the Freedom of Information Act 1982 (Cth) to access documents relevant to this decision. For further information, please visit http://www.environment.gov.au/foi/index.html.Further inquiries should be directed to the Director, Wildlife Trade Assessments Section, Department of Agriculture, Water and the Environment, by email wta@awe.gov.au or telephone (02) 6274 1900 (option 2).
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is an Australian federal law enacted to address the need for comprehensive environmental protection and biodiversity conservation. This Act provides the framework for the protection of the environment, including flora, fauna, ecological communities, and heritage places, by regulating activities that may have a significant impact on matters of national environmental significance. The EPBC Act was introduced to fill the gap in providing a cohesive national approach to environmental protection, particularly in cases where state and territory laws may not adequately address the broader national and international implications of environmental degradation and biodiversity loss.
The EPBC Act is administered by the Australian Government and enforced by the Department of Agriculture, Water and the Environment. This declaration, issued under the authority of the Minister for the Environment, is a specific application of the EPBC Act to approve a Wildlife Trade Management Plan for crocodile farming in the Northern Territory from 2021 to 2025. The policy objective is to ensure that commercial crocodile farming in the Northern Territory is conducted in a manner that aligns with national environmental standards and mitigates potential adverse impacts on biodiversity and ecological integrity.
Scope and Application
The Wildlife Trade Management Plan – Crocodile Farming in the Northern Territory 2021–25 is declared under the Environment Protection and Biodiversity Conservation Act 1999, and applies to the commercial farming of crocodiles within the Northern Territory of Australia. The declaration, made by Laura Timmins, the Senior Director of the Wildlife Trade Office as the Delegate of the Minister for the Environment, is effective for five years from the date of registration on the Federal Register of Legislation and sets out specific conditions to be adhered to by all entities involved in the commercial farming of crocodiles in the Northern Territory. This includes a requirement for the Northern Territory Department of Environment, Parks and Water Security to inform the Department of Agriculture, Water and the Environment of any changes to management arrangements that may impact the assessment against which decisions under the EPBC Act have been made. The declaration also mandates that an annual report on the management of crocodile farming must be submitted by 30 June each year. This framework ensures that crocodile farming in the Northern Territory aligns with biodiversity conservation objectives, and allows for ongoing oversight and adjustments as necessary.
Key Provisions
The key sections of the declaration establish the approved Wildlife Trade Management Plan for crocodile farming in the Northern Territory for the period 2021–2025 (section 1). The Plan must be adhered to for commercial crocodile farming in the Northern Territory (section 2(a)). Any changes to management arrangements must be communicated to the Department of Agriculture, Water and the Environment (section 2(b)). The Northern Territory Department of Environment, Parks and Water Security must submit an annual report to the Department of Agriculture, Water and the Environment by 30 June each year (section 2(c)).
The Act imposes several obligations on parties governed by it. The most significant is the requirement for commercial crocodile farming in the Northern Territory to be conducted according to the approved Plan (section 2(a)). The Northern Territory Department of Environment, Parks and Water Security must notify the Department of Agriculture, Water and the Environment of any changes to management arrangements that may impact the assessment against which decisions have been made under the EPBC Act (section 2(b)). Additionally, the Northern Territory Department of Environment, Parks and Water Security must submit an annual report to the Department of Agriculture, Water and the Environment by 30 June each year, covering the previous calendar year (section 2(c)).
Breach of the obligations imposed by the Act can lead to various consequences. While the specific offences, penalties, or consequences for breach are not outlined in the declaration itself, the EPBC Act generally provides for both civil and criminal penalties for non-compliance. Civil penalties can include fines of up to $66,000 for individuals and $330,000 for corporations, while criminal penalties can include fines of up to $6.6 million for individuals and $33 million for corporations, as well as imprisonment for serious offences. It is important to note that the exact penalties depend on the specific provisions of the EPBC Act that are breached and the circumstances of the breach.