Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – New South Wales Ocean Trap and Line Fishery, APRIL 2018
I, Paul Murphy, Assistant Secretary, Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment and Energy, 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 3 May 2017 for the New South Wales Ocean Trap and Line Fishery as defined in the management regime in force under the Fisheries Management Act 1984 (NSW), the Fisheries Management (General) Regulations 2010 (NSW), the Fisheries Management (Supporting Plan) Regulations 2006 (NSW), and the Fisheries Management (Ocean Trap and Line Share Management Plan) Regulations 2006 (NSW), 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 4 May 2018.”
and replace with the words
“Unless otherwise amended or revoked, this declaration is valid until 6 July 2018.”
Dated this 1st day of May 2018
Delegate of the Minister for the Environment and Energy
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 and Energy 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.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly matters of national environmental significance, through the regulation of activities that have, or are likely to have, a significant impact on the environment. The EPBC Act is administered by the Australian Government and aims to ensure that biodiversity is protected and that ecologically sustainable development is achieved. In April 2018, a declaration of an approved wildlife trade operation for the New South Wales Ocean Trap and Line Fishery was varied by the Minister for the Environment and Energy's delegate to extend the validity period of the declaration from 4 May 2018 to 6 July 2018. This variation was made to ensure that the operation complies with Australia's obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad range of entities and activities that may have significant environmental impacts, including the New South Wales Ocean Trap and Line Fishery. This Act, administered by the Commonwealth, seeks to protect and conserve Australia's biodiversity and natural heritage, including species listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The declaration of an approved wildlife trade operation for the New South Wales Ocean Trap and Line Fishery ensures that this particular fishery complies with the necessary environmental standards and regulations. The application of the EPBC Act in this context involves ensuring that the fishery's activities do not detrimentally impact listed species and that the export of any specimens adheres to the provisions of CITES. The Act extends its reach to cover all activities within the fishery, including the management and operation as defined under the Fisheries Management Act 1994 (NSW) and its related regulations. The declared approved wildlife trade operation is subject to variations and extensions, as evidenced by the recent amendment to its validity period, demonstrating the Act’s flexibility in managing wildlife trade operations effectively.
Key Provisions
The key provision of this notifiable instrument is the variation of the declaration of an approved wildlife trade operation for the New South Wales Ocean Trap and Line Fishery. This variation, under section 303FT(7)(b) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), extends the validity of the original declaration from 4 May 2018 to 6 July 2018 (s.1). The variation was made by the Delegate of the Minister for the Environment and Energy, as indicated in the document.
This Act imposes specific obligations on the parties involved, primarily ensuring compliance with Australia's obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Specifically, the Act mandates that specimens of species listed in Appendix II of Australia's CITES list may only be exported if a non-detriment finding has been issued by Australia’s CITES Scientific Authority (s.2). The operation must adhere to the regulations outlined under the Fisheries Management Act 1994 (NSW), the Fisheries Management (General) Regulations 2010 (NSW), the Fisheries Management (Supporting Plan) Regulations 2006 (NSW), and the Fisheries Management (Ocean Trap and Line Share Management Plan) Regulations 2006 (NSW).
Any breaches of the provisions under this Act may lead to various consequences. Firstly, individuals affected by the decision can seek a statement of reasons and apply for independent review under the Administrative Appeals Tribunal Act 1975. An application for a statement of reasons must be made within 28 days of the declaration, and an application for independent review can be submitted to the Administrative Appeals Tribunal within the same period or within 28 days of receiving the reasons, if applicable. Additionally, failure to comply with the CITES requirements may result in legal penalties, as the Act ensures that Australia meets its international obligations. For specific details on penalties, further information can be obtained from the Director, Sustainable Fisheries Section.