Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION
I, NATHAN HANNA, A/g 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 9 December 2016 for the Northern Territory Aquarium Fishery (being the Aquarium Fishing/Display Fishery, as defined Northern Territory Fisheries Regulations in force under the Northern Territory Fisheries Act 1988, such that the condition specified in the Schedule to that declaration is varied as follows:
In Schedule 2, include the following:
“Blastomussa merletti, Leptoseris scabra, Tubastraea diaphana and Tubastraea faulkneri”
Dated this 18th day of January 2017
……….…….……Nathan Hanna…………….........
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 need for comprehensive environmental protection and biodiversity conservation in Australia. The Act provides a framework for the protection of the environment, heritage places, and wildlife, ensuring sustainable use of natural resources and compliance with international obligations such as the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The EPBC Act is administered by the Australian Government's Department of Agriculture, Water and the Environment and is subject to review and amendment by the Parliament of Australia. This legislative instrument, issued on 18 January 2017, modifies the declaration of an approved wildlife trade operation to include additional coral species under the Northern Territory Aquarium Fishery, reflecting a policy objective to manage and conserve threatened marine species while facilitating legitimate trade practices.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to various entities and persons involved in activities that may impact the environment, biodiversity, and world heritage properties in Australia and its external territories. The Act provides for the protection of matters of national environmental significance and regulates activities that may have a significant impact on these areas. The declaration of an approved wildlife trade operation under this Act pertains specifically to the Northern Territory Aquarium Fishery, which is defined under the Northern Territory Fisheries Regulations in force under the Northern Territory Fisheries Act 1988. The Act's jurisdiction extends across the Commonwealth of Australia, including its states, territories, and external territories. Certain exclusions and exemptions may apply, particularly in relation to state-managed activities, but these are subject to the overarching regulatory framework of the EPBC Act. Subordinate instruments and regulations may further refine the application and enforcement of the Act, ensuring its provisions are effectively implemented across various sectors and activities.
Key Provisions
The key provision of this notifiable instrument (F2017N00001) is the variation of the declaration of an approved wildlife trade operation for the Northern Territory Aquarium Fishery, as outlined under paragraph 303FT(7)(b) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (section 1). This variation specifically amends the conditions of the declaration by adding four species of coral, namely Blastomussa merletti, Leptoseris scabra, Tubastraea diaphana, and Tubastraea faulkneri, to Schedule 2 (section 1). This amendment ensures that the operation now complies with the requirements set forth by the EPBC Act and the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
The Act imposes obligations on the Northern Territory Aquarium Fishery to adhere to the updated conditions outlined in the declaration. This includes ensuring that any export of the specified coral species complies with the CITES regulations and that a non-detriment finding has been issued by Australia's CITES Scientific Authority (section 2). The fishery must also ensure that all operations are conducted in a manner that does not negatively impact the conservation status of the listed species.
Breach of the conditions specified in the declaration may lead to civil or criminal consequences. Under the EPBC Act, individuals or entities found in violation of the regulations may face fines and other penalties. The maximum penalties for offences under the EPBC Act can include substantial fines for individuals and even greater fines for corporations, depending on the severity of the breach and the specific provisions of the Act that are contravened. Additionally, criminal charges may be pursued in cases of serious or repeated violations, leading to potential imprisonment for those found guilty. These provisions underscore the importance of compliance with the updated declaration and the regulations governing the trade of endangered species.