Declaration of an Approved Wildlife Trade Operation – Northern Territory Coastal Line Fishery, November 2025

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the problem of conserving Australia's biodiversity and managing the environmental impacts of development projects. This legislation provides a framework for the protection of the environment, particularly in relation to matters of national environmental significance, including wildlife trade operations. The EPBC Act is overseen by the Parliament of Australia, and its policy objective is to ensure that biodiversity is conserved and that significant environmental impacts are properly assessed and managed. In this context, the Act allows for the declaration and management of approved wildlife trade operations to ensure they do not have detrimental effects on protected species or ecosystems.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to various entities involved in wildlife trade operations, particularly those within the Northern Territory Coastal Line Fishery, as regulated by the Fisheries Act 1998 (NT) and Fisheries Regulations 1992 (NT). This Act is a Commonwealth legislation that extends its jurisdiction across Australia, ensuring compliance with national environmental protection standards. The Act mandates the Northern Territory Department of Agriculture and Fisheries to monitor the commercial catch of golden snapper, including discards, and to implement specific management actions if catch limits are exceeded. Notably, this legislation does not specify any exclusions but extends its application through subordinate instruments that may provide further detail or specific provisions related to wildlife trade operations and fisheries management. The declaration of an approved wildlife trade operation is subject to review under the Administrative Review Tribunal Act 2024, providing recourse for those affected by the decision.

Key Provisions

The primary operative sections of this notifiable instrument (F2025N00944) concern the amendment of the existing declaration of an approved wildlife trade operation for the Northern Territory Coastal Line Fishery under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303FT(7)(b) of the EPBC Act is invoked to vary the conditions governing the management and conservation of golden snapper. The key change (paragraphs referenced in parentheses) is the deletion of Condition 5a which previously required the Northern Territory Department of Industry, Tourism and Trade to deliver and publish an updated stock assessment for golden snapper, and to reduce the total allowable commercial catch (TACC) if the stock was found to be below certain thresholds. This condition is replaced with new requirements (paragraphs referenced in parentheses) that mandate the Northern Territory Department of Agriculture and Fisheries to monitor the commercial catch of golden snapper on a spatial basis, and to prohibit commercial fishing in specific high recreational fishing effort areas if the catch of golden snapper exceeds 1125 kilograms within a licensing year. Additionally, the new condition requires the Department of Agriculture and Fisheries to include information on the spatial distribution of golden snapper catches in its annual reports to the Department of Climate Change, Energy, the Environment and Water. The obligations imposed by this notifiable instrument on the Northern Territory Department of Agriculture and Fisheries include monitoring the commercial catch of golden snapper by Northern Territory Coastal Line Fishery licences, including discards, on a spatial basis. If the catch of golden snapper, including discards, from overfished reef complexes adjacent to Darwin exceeds 1125 kilograms within a licensing year, the Department must prohibit commercial fishing in that area for the remainder of that year. Furthermore, the Department must notify the Department of Climate Change, Energy, the Environment and Water of the date on which the catch exceeded 1125 kilograms and the implementation of management arrangements to prohibit fishing in the high recreational effort area. Additionally, the Department is required to include in its annual reports to the Department of Climate Change, Energy, the Environment and Water information on the spatial distribution of golden snapper catches by Northern Territory Coastal Line Fishery licences. In terms of potential offences, penalties, or consequences, the notifiable instrument does not explicitly state penalties for non-compliance with the new conditions. However, any breach of the obligations outlined in the new condition could lead to enforcement actions by the Department of Climate Change, Energy, the Environment and Water, which might include administrative sanctions, fines, or other legal consequences as provided under the EPBC Act or other relevant legislation. The specific penalties would depend on the nature and severity of the breach, and any associated regulatory or administrative processes. Additionally, the notifiable instrument includes provisions for review and appeal under the Administrative Review Tribunal Act 2024. Any person whose interests are affected by this decision can apply for a statement of reasons and for independent review of the decision. An application for a statement of reasons can be made in writing to the Department of Climate Change, Energy, the Environment and Water within 28 days of the date of the declaration, while an application for independent review can be made to the Administrative Review Tribunal on payment of the relevant fee within 28 days of the date of the declaration, or within 28 days of receipt of reasons if reasons are sought. Further information on these processes can be obtained from the Director, Sustainable Fisheries and CITES Policy Section, Department of Climate Change, Energy, the Environment and Water.