Declaration of an Approved Wildlife Trade Operation – Northern Territory Offshore Net and Line Fishery, October 2017

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the protection of the environment and biodiversity, including the regulation of wildlife trade. This legislation provides a framework for the conservation of Australia’s biodiversity and ecosystems, and includes measures for the sustainable use of natural resources. The Act aims to ensure that activities under Commonwealth control or in its vicinity do not significantly impact the environment or its biodiversity. The policy objective of the Act is to protect and conserve Australia’s biodiversity, including its ecosystems, species, and genetic diversity, and to promote the sustainable use of natural resources. The legislative framework under the EPBC Act ensures that Australia meets its international obligations, such as those under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), by regulating the export of species listed in Appendix II of Australia’s CITES list through the issuance of non-detriment findings.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad range of entities and individuals involved in activities that may impact Australia's environment, particularly through the regulation of wildlife trade operations. Specifically, this legislation governs the management of wildlife trade operations, including the approval process for such operations and the conditions attached to their approval. The declaration in question pertains to the Northern Territory Offshore Net and Line Fishery, which is regulated under the Fisheries Act 1988 (NT) and Fisheries Regulations (NT). This Act has a national jurisdictional reach, impacting all entities engaged in wildlife trade operations across Australia. The declared operation must comply with specific conditions, including those set out in the Schedule of the declaration, which is subject to modification by the Minister for the Environment and Energy through a delegate, such as the Assistant Secretary of the Wildlife Trade and Biosecurity Branch. The application of the EPBC Act extends through subordinate instruments, which may further specify the terms and conditions of wildlife trade operations. Notably, this Act does not explicitly exclude any specific entities or operations, though certain exclusions or exemptions may be outlined in related regulations or permits, such as those under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

Key Provisions

The key provision of the legislation (section 303FT(7)(b)) involves the variation of the declaration of an approved wildlife trade operation for the Northern Territory Offshore Net and Line Fishery. This variation extends the validity of the declaration from 27 October 2017 to 4 May 2018, replacing the original expiry date. The purpose of this change is to ensure the ongoing compliance of the fishery with wildlife trade regulations under the EPBC Act. The obligations imposed by this legislation on the parties involved primarily centre around the management and operation of the Northern Territory Offshore Net and Line Fishery in accordance with the updated declaration. The operators must adhere to the new validity period, ensuring all activities are conducted within the framework set by the amended declaration. Additionally, the legislation references Australia’s commitments under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), requiring that any export of species listed in Appendix II of Australia’s CITES list be done so with a non-detriment finding issued by Australia’s CITES Scientific Authority. In terms of consequences for non-compliance, the legislation does not explicitly detail specific offences, penalties, or consequences for breach within the text provided. However, it does reference the Administrative Appeals Tribunal Act 1975, which allows for an application for a statement of reasons and independent review of the decision within 28 days of the declaration date. This suggests that while the specific penalties are not outlined in this particular document, there are avenues for legal recourse and review if a party believes the declaration or its variation is improperly applied or affects their interests adversely. The potential penalties or consequences for non-compliance would typically be governed by the broader provisions of the EPBC Act and associated regulations.