Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – NORTHERN TERRITORY COASTAL LINE FISHERY, AUGUST 2024
I, Belinda Jago, Branch Head, Ocean and Wildlife Branch, as Delegate of the Minister for the Environment and Water, 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 for the Northern Territory Coastal Line Fishery (dated 15 November 2023), as defined in the management regime in force under the Fisheries Act 1998 (NT) and the Fisheries Regulations 1992 (NT), such that the conditions specified in Schedule 1 of the declaration are varied as follows:
In Schedule 1, Declaration of the harvest operations of the Northern Territory Coastal Line Fishery as an approved wildlife trade operation, November 2023, delete:
Condition 5
By 1 March 2024, the Northern Territory Department of Industry, Tourism and Trade must undertake a stock assessment for golden snapper, and if the relative biomass estimate is below a trigger or limit reference point, then implement a formal recovery plan in accordance with the harvest strategy by 31 July 2024.
and replace with:
Condition 5
a) By 31 October 2024, the Northern Territory Department of Industry, Tourism and Trade must deliver and publish an updated stock assessment for golden snapper.
b) If the golden snapper stock biomass is found to be below a trigger or limit reference point in the Coastal Line Fishery Harvest Strategy, the Northern Territory Department Industry Tourism and Trade must:
(i) By 13 December 2024, reduce the total allowable commercial catch (TACC) for golden snapper in proportion to the scientifically determined total mortality reduction percentage required to promote recovery within a generation for the species, taking into account incidental mortality as a part of harvest assessments.
(ii) By 30 March 2025 provide the Department of Climate Change, Energy, the Environment and Water with a copy of the draft recovery plan for golden snapper.
(iii) By 31 July 2025, demonstrate steps have been taken to ensure legislative arrangements are suitable to implement the formal recovery plan.
(iv) By 1 December 2025, publish a copy of the formal recovery plan.
(v) Implement any management actions by due dates identified in the formal recovery plan.
Dated this 5th day of August 2024
BELINDA JAGO
………….…….……………………….........
Delegate of the Minister for the Environment
Notes:
- 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 Climate Change, Energy, the Environment and Water 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, Department of Climate Change, Energy, the Environment and Water, Email: sustainablefisheries@dcceew.gov.au.
- 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 https://www.dcceew.gov.au/environment/wildlife-trade/cites.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with regard to matters of national environmental significance, and to support Australia's obligations under international conventions. This legislation was introduced to address the need for a comprehensive framework to manage and protect the environment, wildlife, and biodiversity, ensuring sustainable use of natural resources while meeting international commitments. The EPBC Act serves as a key instrument in safeguarding Australia's ecosystems and wildlife, including endangered species and habitats, by regulating activities that may have a significant environmental impact. The Act was enacted by the Australian Parliament and its policy objectives include the protection and conservation of Australia's biodiversity and environment, ensuring sustainable use of natural resources, and fulfilling Australia's obligations under international environmental agreements such as CITES.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the declaration of approved wildlife trade operations, including the Northern Territory Coastal Line Fishery, which involves the trade of marine wildlife. This legislation applies to the entities involved in the fishing activities, specifically the Northern Territory Department of Industry, Tourism and Trade, and any other stakeholders engaged in the fishery. It imposes obligations on these entities to conduct and report on stock assessments and implement recovery plans if the stock of certain species, such as golden snapper, falls below designated thresholds. The Act's jurisdiction extends to the Commonwealth level, with its provisions applicable across Australia, ensuring compliance with national environmental standards and international obligations under CITES. The declaration and its conditions are subject to modification and enforcement through subordinate instruments, reflecting the dynamic nature of wildlife conservation needs and scientific advancements. However, entities involved in the fishery and affected by these changes can seek a statement of reasons or apply for an independent review under the Administrative Appeals Tribunal Act 1975 if they believe their interests are adversely affected.
Key Provisions
The key provision of the notifiable instrument (F2024N00711) pertains to the variation of the declaration of an approved wildlife trade operation for the Northern Territory Coastal Line Fishery under section 303FT(7)(b) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (1). Specifically, the instrument modifies Condition 5 of the declaration, which was dated 15 November 2023, to include new conditions for the assessment and management of golden snapper stocks within the fishery. The original condition, which required the Northern Territory Department of Industry, Tourism and Trade to undertake a stock assessment and implement a recovery plan if necessary, has been replaced with a series of new conditions (2). These new conditions extend the timeline for stock assessment and introduce further steps for the management of golden snapper if the stock is found to be below a trigger or limit reference point.
Under this notifiable instrument, the Northern Territory Department of Industry, Tourism and Trade has specific obligations regarding the management of golden snapper stocks. These include delivering and publishing an updated stock assessment by 31 October 2024, reducing the total allowable commercial catch for golden snapper if the stock is below a trigger or limit reference point, and providing a draft recovery plan to the Department of Climate Change, Energy, the Environment and Water by 30 March 2025. Additionally, the Department must demonstrate that legislative arrangements are suitable to implement the formal recovery plan by 31 July 2025, publish the formal recovery plan by 1 December 2025, and implement any management actions identified in the recovery plan by the specified due dates (3). These obligations are designed to ensure that the management of golden snapper stocks within the Northern Territory Coastal Line Fishery is both scientifically informed and responsive to the needs of the species.
Failure to comply with the obligations and conditions set out in this notifiable instrument may result in civil or criminal consequences. While specific penalties are not detailed in the notifiable instrument, breaches of the EPBC Act can result in substantial fines and potential imprisonment. The maximum penalties for breaches of the EPBC Act can include fines of up to $222,200 for individuals and up to $1,111,000 for corporations, as well as imprisonment for up to five years for serious offences. Furthermore, the Administrative Appeals Tribunal Act 1975 provides mechanisms for affected parties to seek a statement of reasons and for independent review of the decision within 28 days of the date of the declaration (4). These provisions underscore the importance of adherence to the conditions and obligations set out in the notifiable instrument to avoid potential legal repercussions.