Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – NORTHERN TERRITORY OFFSHORE NET AND LINE FISHERY,
September 2018
I, Paul Murphy, Assistant Secretary, Wildlife Trade and Biosecurity 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 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 21 September 2018.”
and replace with the words
“Unless otherwise amended or revoked, this declaration is valid until 29 March 2019.”
Dated this 19th day of September 2018
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 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 matters of national environmental significance, and to facilitate ecologically sustainable development through the conservation and ecologically sustainable use of natural resources. This Act aims to address the gap in national legislation regarding the protection of the environment, particularly in relation to activities that may have a significant impact on the environment. The Act was enacted by the Parliament of Australia and its policy objective is to promote the conservation of biodiversity and the sustainable use of natural resources. The notifiable instrument, issued in September 2018, concerns the variation of the declaration of an approved wildlife trade operation for the Northern Territory Offshore Net and Line Fishery, extending its validity until 29 March 2019. The instrument ensures compliance with Australia's obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to various entities involved in wildlife trade, including individuals, companies, and other organisations operating within Australia's jurisdiction. This particular declaration pertains to the Northern Territory Offshore Net and Line Fishery, governed by the Fisheries Act 1988 (NT) and Fisheries Regulations (NT). The amended declaration, extending its validity until 29 March 2019, ensures that the operation complies with the stringent requirements set out by the EPBC Act, which in turn aligns with Australia's commitments under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The geographic scope of this Act is national, affecting all wildlife trade operations across Australia. Exclusions or exemptions are not explicitly detailed in this particular declaration, but the Act typically provides for such exclusions through subordinate instruments, which may vary based on specific circumstances or criteria. Individuals or entities adversely affected by this decision have the right to seek a statement of reasons or independent review under the Administrative Appeals Tribunal Act 1975.
Key Provisions
The primary operative section of this notifiable instrument (F2018N00151) pertains to the variation of the declaration of an approved wildlife trade operation under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (section 303FT(7)(b)). This amendment extends the validity of the declaration for the Northern Territory Offshore Net and Line Fishery from 21 September 2018 to 29 March 2019. This means that the specific conditions governing this fishery's operations concerning the trade of wildlife are now valid for an additional period. The variation was made to ensure continued compliance with the regulatory framework while allowing sufficient time for the stakeholders to adapt to any new requirements or changes in the management regime.
The obligations imposed by this Act primarily concern the entities involved in the Northern Territory Offshore Net and Line Fishery. They are required to adhere to the conditions specified in the declaration and any subsequent variations. This includes complying with Australia's obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), as outlined in Part 13A of the EPBC Act. Specifically, entities must ensure that any specimens of species listed in Appendix II of Australia's CITES list are exported only under a CITES export permit issued under the EPBC Act, and that a non-detriment finding has been issued by Australia's CITES Scientific Authority for that species.
In terms of the consequences for non-compliance, breaches of the EPBC Act and its associated regulations can result in both civil and criminal penalties. Under the EPBC Act, penalties for offences can include substantial fines and, in some cases, imprisonment. For example, the maximum penalty for an offence under section 474 of the Act, which pertains to unauthorised trade in endangered species, is up to 10 years imprisonment or a fine of up to $210,000, or both. Additionally, the Act provides for the imposition of administrative penalties, such as pecuniary penalties, which can be significant depending on the severity and frequency of the breach. It is important for those affected by the declaration and its variations to ensure strict adherence to the specified conditions to avoid these potential consequences.