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, and to establish a framework for the assessment and approval of activities that may impact the environment. This Act was introduced to address the need for a comprehensive and coordinated approach to environmental protection, ensuring that activities are assessed for their potential environmental impacts and managed in a sustainable manner. The EPBC Act was enacted by the Commonwealth Parliament and is administered by the Department of Climate Change, Energy, the Environment and Water. The policy objective of the Act is to protect and conserve Australia's biodiversity and ecosystems while enabling sustainable development. The Notifiable instrument F2023N00204, issued under the EPBC Act, declares the operations for the harvesting of specimens that are or are derived from fish or invertebrates, taken in the Northern Territory Coastal Line Fishery, as an approved wildlife trade operation. This declaration is valid until 30 June 2026 and is subject to certain conditions aimed at ensuring the ecological sustainability of the fishery. The declaration was issued by Belinda Jago, the Delegate of the Minister for the Environment and Water, following an application from the Northern Territory Department of Industry, Tourism and Trade and consideration of the ecological sustainability of the fishery. The declaration excludes specimens of taxa listed under specific sections of the EPBC Act, including Australia’s List of Migratory Species, Australia’s List of Marine Species, eligible listed threatened species, and Australia’s CITES List. The conditions attached to the declaration require the Northern Territory Department of Industry, Tourism and Trade to adhere to management arrangements, report on the fishery, and undertake stock assessments, particularly for golden snapper.

Scope and Application

The declaration under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) pertains to the operations of the Northern Territory Coastal Line Fishery, specifically the harvesting of fish or invertebrate specimens, excluding those that are listed under the Australia’s List of Migratory Species, Australia’s List of Marine Species, eligible listed threatened species, or Australia’s CITES List. This declaration is applicable to the Northern Territory Coastal Line Fishery as governed by the Northern Territory of Australia Fisheries Act 1988 and the Northern Territory of Australia Fisheries Regulations 1992. The declaration, effective until 30 June 2026, imposes conditions such as adherence to management arrangements, timely reporting of any legislative changes, and an annual report to the Department of Climate Change, Energy, the Environment and Water. Additionally, a stock assessment for golden snapper is mandated, with a requirement to implement a recovery plan if the stock falls below certain thresholds. The declaration also outlines the process for seeking a statement of reasons or independent review for affected parties.

Key Provisions

The main operative sections of this notifiable instrument, as declared under section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), declare the operations for the harvesting of specimens derived from fish or invertebrates in the Northern Territory Coastal Line Fishery to be an approved wildlife trade operation (subsection 303FN(2) and paragraph 303FN(10)(d)). This declaration excludes specimens from taxa listed under specific sections of the EPBC Act, including those listed under Australia’s List of Migratory Species (section 209), Australia’s List of Marine Species (section 248), eligible listed threatened species (section 303BC), and Australia’s CITES List (section 303CA). The declaration is effective until 30 June 2026 and is subject to conditions outlined in Schedule 1. The obligations imposed on the parties governed by this Act are primarily on the Northern Territory Department of Industry, Tourism and Trade. They must ensure that the operations of the Northern Territory Coastal Line Fishery comply with the management arrangements in force under the Northern Territory of Australia Fisheries Act 1988 (NT) and the Northern Territory of Australia Fisheries Regulations 1992 (NT) (Condition 1). Furthermore, they must inform the Department of Climate Change, Energy, the Environment and Water of any intended material changes to the management arrangements that may affect the assessment against which EPBC Act decisions are made (Condition 2). They must also inform the Department of any intended changes to fisheries legislation that may affect the legislative instruments relevant to this approval (Condition 3). Additionally, the Department is required to produce and present annual reports on the fishery to the Department by 30 June each year, starting from 30 June 2024, as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition (Condition 4). Finally, a stock assessment for golden snapper must be undertaken by 1 March 2024, and if the relative biomass estimate is below a trigger or limit reference point, a formal recovery plan must be implemented by 31 July 2024 (Condition 5). The declaration does not explicitly state any offences, penalties, or civil/criminal consequences for breach of its provisions. However, under section 303FZ of the EPBC Act, any person who contravenes a condition of an approved wildlife trade operation declaration commits an offence. The penalties for such an offence can include a fine of up to 500 penalty units (approximately AUD 100,000) for an individual, or up to 5,000 penalty units (approximately AUD 1,000,000) for a body corporate, as well as potential imprisonment terms. Additionally, any contravention of the conditions outlined in Schedule 1 could lead to the revocation of the approved wildlife trade operation status, which could have significant implications for the Northern Territory Department of Industry, Tourism and Trade and the fishery itself.