Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – NORTHERN TERRITORY OFFSHORE NET AND LINE FisherY, OCTOBER 2017
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 27 October 2017.”
and replace with the words
“Unless otherwise amended or revoked, this declaration is valid until 4 May 2018.”
Dated this 25th day of October 2017
………………Paul Murphy.………………………........
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. This legislation was introduced to address the gap in comprehensive protection of biodiversity and to align Australia’s obligations under international conventions, such as the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The Act is administered by the Australian Government and its objective includes the regulation of wildlife trade to ensure that it does not harm the environment or endangered species. As per the legislation, a Delegate of the Minister for the Environment and Energy has the authority to declare and vary the conditions of wildlife trade operations, ensuring compliance with both national and international standards.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to wildlife trade operations, particularly those involving species that are listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The Act is a Commonwealth Act and therefore has a national reach across Australia, ensuring consistent regulation of wildlife trade to meet Australia’s international obligations under CITES. The Act applies to entities involved in the wildlife trade, specifically those conducting operations that involve the export of specimens of species listed in Appendix II of Australia's CITES list. The Act was invoked to approve a wildlife trade operation for the Northern Territory Offshore Net and Line Fishery, ensuring that exports comply with the non-detriment findings required by the CITES regulations. The declaration for this specific operation has been extended from 27 October 2017 to 4 May 2018, reflecting the ongoing nature of the fishery and the need for continued compliance with CITES requirements. The Act allows for the delegation of powers to authorise such operations, as evidenced by the role of the Assistant Secretary, Wildlife Trade and Biosecurity Branch, acting as a delegate of the Minister for the Environment and Energy. The Act provides mechanisms for review and appeal under the Administrative Appeals Tribunal Act 1975, ensuring transparency and accountability in its application.
Key Provisions
The key operative sections of this legislation focus on the modification of a specific wildlife trade operation declaration. Section 303FT(7)(b) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is used to alter the validity period of the declaration for the Northern Territory Offshore Net and Line Fishery (section 1). The initial declaration, dated 14 September 2016, is extended by this notifiable instrument from 27 October 2017 to 4 May 2018 (section 1). This change is intended to ensure that the regulatory framework remains effective for the fishery during the specified period.
The obligations imposed by this Act on the parties involved are primarily concerned with adhering to the updated validity period of the wildlife trade operation declaration. The declaration itself sets out conditions that must be met to ensure the sustainable management of wildlife trade. By extending the validity period, the Act ensures that these conditions remain in force until 4 May 2018, allowing the relevant authorities to monitor and enforce compliance with the specified conditions (section 1). This extension facilitates the continuity of oversight and management of the fishery.
In terms of consequences for breach, the Act does not explicitly state penalties for non-compliance with the declaration's conditions. However, any breaches of the EPBC Act or related regulations could lead to enforcement actions, fines, or legal proceedings under other relevant Australian legislation. The Administrative Appeals Tribunal Act 1975 allows for independent review and potential appeals of decisions made under the EPBC Act, offering avenues for those affected by the declaration to seek clarification or challenge its validity (Note 1). Additionally, the Act references Australia’s obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), which may carry separate penalties for non-compliance with CITES regulations (Note 2).