Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – NEW SOUTH WALES OCEAN TRAP AND LINE FisherY, OCTOBER 2017
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 27 October 2017.”
and replace with the words
“Unless otherwise amended or revoked, this declaration is valid until 4 May 2018.”
Dated this 18th day of October 2017
………….…….…Paul Murphy…………….........
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 address the problem of protecting Australia's biodiversity and environmental values from significant impacts of proposed actions. This legislation was introduced by the Commonwealth Parliament with the primary policy objective of integrating environmental considerations into decision-making processes to ensure sustainable development. The Act provides a framework for the protection and management of matters of national environmental significance, including the trade in endangered species as regulated under international conventions such as CITES. This legislative instrument is a notifiable instrument, issued under the authority of the Act, to declare an approved wildlife trade operation for the New South Wales Ocean Trap and Line Fishery, thereby ensuring compliance with Australia's international obligations under CITES and providing a mechanism for the independent review of such decisions.
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 a significant impact on matters of national environmental significance. Specifically, this act concerns the New South Wales Ocean Trap and Line Fishery, which is governed by various state regulations including the Fisheries Management Act 1984 (NSW) and its related regulations. The legislation focuses on the approval of wildlife trade operations, ensuring that these activities comply with both national and international environmental standards, such as those set by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The geographic reach of this act is national, impacting fisheries across Australia while adhering to state-specific management regimes. Notably, the act excludes certain operations unless they are specifically declared as approved wildlife trade operations under the EPBC Act, and it can be extended or restricted through subordinate instruments issued by the Minister for the Environment and Energy.
Key Provisions
The notifiable instrument under consideration pertains to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), specifically addressing the New South Wales Ocean Trap and Line Fishery. Under section 303FT(7)(b) of the EPBC Act, Paul Murphy, as the Delegate of the Minister for the Environment and Energy, has varied the declaration of an approved wildlife trade operation that was initially declared on 3 May 2017. The variation extends the validity of the declaration until 4 May 2018, altering the original expiry date of 27 October 2017. This change ensures continued oversight and compliance of the fishery with environmental protection and biodiversity conservation standards.
The obligations imposed by this Act on the New South Wales Ocean Trap and Line Fishery include adherence to the specific conditions set out in the declaration. These conditions are intended to mitigate any adverse impacts on protected species and ecosystems, ensuring that the fishery operates in a manner that aligns with national and international environmental standards. The Act requires the fishery to comply with the regulations under the Fisheries Management Act 1994 (NSW) and its associated regulations, including 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). These obligations include obtaining necessary permits, reporting on compliance, and implementing measures to protect endangered species as outlined in Australia’s obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
The Act imposes specific penalties and consequences for breaches of its provisions. Non-compliance with the conditions of the declaration or the regulations can result in significant legal repercussions. The penalties for contravening the EPBC Act can include substantial fines and, in severe cases, imprisonment. The exact penalties depend on the nature and severity of the breach, but the Act provides for maximum penalties that can be imposed by the court. Additionally, failure to meet the conditions of the declaration can lead to revocation of the approved wildlife trade operation status, potentially halting operations until compliance is achieved. The Act also allows for the application for a statement of reasons and independent review by the Administrative Appeals Tribunal for those affected by the decision.