Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – NORTHERN TERRITORY OFFSHORE NET AND LINE FISHERY, APRIL 2018
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 14 September 2016 for the Northern Territory Offshore Net and Line Fishery as defined in the management regime in force under the Fisheries Act 1988 (NT) and Fisheries Regulations (NT), 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 4 May 2018.”
and replace with the words
“Unless otherwise amended or revoked, this declaration is valid until 21 September 2018.”
Dated this 1st day of May 2018
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 provide for the protection of the environment, particularly with respect to matters of national environmental significance, and to implement Australia's international environmental obligations, including those under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). This Act addresses the need to regulate and oversee the trade of wildlife to ensure it does not detrimentally impact endangered species or the environment. Enacted by the Commonwealth Parliament, the EPBC Act aims to balance environmental protection with economic activities, ensuring sustainable use of natural resources. In April 2018, a declaration under the EPBC Act was varied to extend the validity period of the approved wildlife trade operation for the Northern Territory Offshore Net and Line Fishery, reflecting a policy objective to maintain compliance with Australia's international obligations while supporting sustainable fishing practices.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the Northern Territory Offshore Net and Line Fishery, which is regulated under the Fisheries Act 1988 (NT) and Fisheries Regulations (NT). This notifiable instrument, issued by the Delegate of the Minister for the Environment and Energy, specifically pertains to the approved wildlife trade operation for this fishery, extending the validity of the original declaration from 4 May 2018 to 21 September 2018. The primary objective of this legislation is to ensure that Australia’s obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) are fulfilled. This includes the requirement for non-detriment findings for species listed in Appendix II of Australia's CITES list before they can be exported, with such findings issued by the EPBC Act's CITES Scientific Authority. This Act has a national reach, operating under the Commonwealth jurisdiction and extends its application through subordinate instruments and regulations, as outlined in the Fisheries Act and Regulations of the Northern Territory.
Key Provisions
The main operative section of this notifiable instrument is the variation of the declaration of an approved wildlife trade operation for the Northern Territory Offshore Net and Line Fishery, as defined under the Fisheries Act 1988 (NT) and Fisheries Regulations (NT) (s 1). This variation extends the validity of the declaration from 4 May 2018 to 21 September 2018. The instrument is a declaration under paragraph 303FT(7)(b) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The instrument further clarifies that the declaration is now valid until 21 September 2018, replacing the previous expiration date of 4 May 2018.
The obligations imposed by this Act include adherence to the updated validity period of the declaration. Parties involved in the Northern Territory Offshore Net and Line Fishery must ensure compliance with the new conditions set forth in the declaration, which now remain in effect until 21 September 2018. This includes ensuring that any activities within the fishery comply with the EPBC Act and associated regulations, particularly in relation to the trade of species listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
The Act does not specify any direct offences or penalties within the instrument itself but refers to the broader legislative framework under which breaches may incur penalties. Under the EPBC Act, unauthorised actions regarding the trade of protected species can lead to significant civil and criminal penalties. For instance, under section 487 of the EPBC Act, a person who contravenes a provision of the Act may be liable for a civil penalty of up to $666,000 for a corporation or $133,200 for an individual, or both. Additionally, criminal penalties, including fines and imprisonment, may apply depending on the severity of the breach and the provisions of the EPBC Act that are contravened.