Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – NORTHERN TERRITORY OFFSHORE NET AND LINE FISHERY, MARCH 2024
I, BELINDA JAGO, Branch Head, Ocean and Wildlife Branch, as Delegate of the Minister for the Environment, 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 15 November 2023 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 1992 (NT), such that the conditions specified in the Schedule to that declaration are varied as follows:
Replace the following condition:
Condition 7
By 27 June 2024, the Northern Territory Department of Industry, Tourism and Trade must provide an updated Ecological Risk Assessment to the Department of Climate Change, Energy, the Environment and Water that considers all species interacted with by the Offshore Net and Line Fishery.
With the following amended condition:
Condition 7
By 28 September 2024, the Northern Territory Department of Industry, Tourism and Trade must provide an updated Ecological Risk Assessment to the Department of Climate Change, Energy, the Environment and Water that considers all species interacted with by the Offshore Net and Line Fishery.
Dated this 7th day of March 2024
SIGNED
………….…….……………………….........
Delegate of the Minister for the Environment
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 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.
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 https://www.dcceew.gov.au/environment/wildlife-trade/publications.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the need for a comprehensive framework to protect the environment, particularly biodiversity and heritage, from significant impacts of proposed activities. This Act was introduced by the Australian Parliament to consolidate and streamline the environmental assessment and approval processes under federal legislation. The policy objective of the Act is to ensure that biodiversity and heritage are protected through effective assessment and management of activities that may impact them. This notifiable instrument, dated March 2024, varies the conditions of an approved wildlife trade operation for the Northern Territory Offshore Net and Line Fishery. The variation extends the deadline for the Northern Territory Department of Industry, Tourism and Trade to provide an updated Ecological Risk Assessment. This decision is made under the authority of the Minister for the Environment and may be subject to review under the Administrative Appeals Tribunal Act 1975.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to entities involved in wildlife trade operations, specifically targeting the Northern Territory Offshore Net and Line Fishery as defined by the Fisheries Act 1988 (NT) and its regulations. The act is primarily concerned with ensuring that these fisheries comply with ecological risk assessments and obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The geographic reach of the act is national, applying to activities within Australia's jurisdiction, and extends to operations that may have transboundary ecological impacts. Exclusions or exemptions are not explicitly detailed in this particular declaration, but generally, the act provides mechanisms for such exclusions to be applied through subordinate instruments. The act allows for the Minister to delegate powers to make decisions, as evidenced by the Delegate of the Minister for the Environment making the variation to the approved wildlife trade operation. This specific variation modifies a condition concerning the timeline for providing an updated Ecological Risk Assessment by the Northern Territory Department of Industry, Tourism and Trade, extending it from 27 June 2024 to 28 September 2024.
Key Provisions
The main operative sections of this legislation concern the variation of a declaration under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) for the Northern Territory Offshore Net and Line Fishery. Specifically, section 303FT(7)(b) of the EPBC Act empowers the Minister to vary the conditions of a declared wildlife trade operation, and in this instance, the Delegate of the Minister, Belinda Jago, has exercised this authority. The primary change involves altering the deadline for the Northern Territory Department of Industry, Tourism and Trade to submit an updated Ecological Risk Assessment (ERA) to the Department of Climate Change, Energy, the Environment and Water (DCCEEW). The original deadline of 27 June 2024 is extended to 28 September 2024.
The obligations imposed by this legislation on the parties it governs are primarily concerned with the timely submission of an updated Ecological Risk Assessment. The Northern Territory Department of Industry, Tourism and Trade must ensure that this assessment, which considers all species interacted with by the Offshore Net and Line Fishery, is completed and submitted to DCCEEW by the new deadline. This requirement is critical for maintaining compliance with environmental protection standards and ensuring that the fishery's ecological impacts are adequately assessed and managed.
Breach of the conditions set out in the declaration of an approved wildlife trade operation can lead to various consequences. Under the EPBC Act, failure to submit the updated Ecological Risk Assessment by the specified deadline could result in administrative or legal actions. While the exact penalties are not detailed in the text, breaches of similar provisions in the EPBC Act can lead to substantial fines and other enforcement actions. Additionally, the affected party may face scrutiny from regulatory bodies and potentially impact their ability to operate within the regulatory framework governing wildlife trade operations. The legislation also provides avenues for review, including the ability for interested parties to seek a statement of reasons or an independent review through the Administrative Appeals Tribunal, offering a measure of recourse for those affected by the decision.