Declaration of an Approved Wildlife Trade Operation - Northern Territory Offshore Net and Line Fishery

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive protection of the environment, particularly biodiversity, and to ensure that the federal government has the necessary tools to manage activities that could impact ecological sustainability. The EPBC Act provides a framework for the protection of the environment, including wildlife, by regulating activities that have, or are likely to have, a significant impact on matters of national environmental significance. This includes the regulation of wildlife trade operations to ensure they do not threaten the survival of species. This declaration, issued under the authority of the EPBC Act by Paul Murphy, as Delegate of the Minister for the Environment, recognises the operations for the harvesting of scalloped and great hammerhead sharks in the Northern Territory Offshore Net and Line Fishery as an approved wildlife trade operation. This decision follows an assessment of the ecological sustainability of these operations, and it aims to balance the economic interests involved with the imperative to protect endangered species. The declaration is subject to review by affected parties and the Administrative Appeals Tribunal, ensuring transparency and accountability in the decision-making process.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to operations that have a significant impact on matters of national environmental significance, including the harvesting of specimens that are, or are derived from, listed threatened species. This Act has a national reach, applying across the Commonwealth of Australia, and is administered by the Department of the Environment. The declaration of an approved wildlife trade operation, as evidenced in the document, specifically applies to the operations for the harvesting of scalloped hammerhead (Sphyrna lewini) and great hammerhead (Sphyrna mokarran) taken in the Northern Territory Offshore Net and Line Fishery. The declaration is made under the authority of the Minister for the Environment and is valid until 23 September 2016, unless amended or revoked. The declaration is based on the assessment of the ecological sustainability of the specified operations, and affected persons have the right to seek reasons for the decision and apply for an independent review through the Administrative Appeals Tribunal. Furthermore, the Act allows for public access to documents related to the decision through the Freedom of Information Act 1982.

Key Provisions

The main operative sections of the declaration pertain to the approval of a wildlife trade operation under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). According to section 303FN, the Assistant Secretary, Wildlife Trade and Biosecurity Branch, Paul Murphy, as the delegate of the Minister for the Environment, has declared that the operations for the harvesting of specimens from Sphyrna lewini (scalloped hammerhead) and Sphyrna mokarran (great hammerhead) taken in the Northern Territory Offshore Net and Line Fishery are approved wildlife trade operations. This declaration is valid until 23 September 2016, unless amended or revoked earlier (section 303FN(2) and (10)(d)). The declaration follows a consideration of the ecological sustainability of the operations and aligns with the management regime specified in the Northern Territory Fisheries Act 1988 and the Northern Territory Fisheries Regulations. The obligations and requirements imposed by the Act on the parties involved include compliance with the declared approved wildlife trade operation. Those conducting operations under this declaration must adhere to the ecological sustainability criteria set by the Minister for the Environment. This includes following the management regime for the Northern Territory Offshore Net and Line Fishery and ensuring that the harvesting practices do not adversely impact the ecological sustainability of the scalloped hammerhead and great hammerhead populations. The declaration also allows for affected persons to seek reasons for the decision and apply for an independent review within 28 days of receiving the reasons or the declaration itself. Under the EPBC Act, breaches of the declared approved wildlife trade operation may result in various penalties and consequences. The specific provisions for penalties are not detailed in the declaration itself, but generally, the Act allows for enforcement actions against individuals or entities that fail to comply with its provisions. This may include civil penalties for non-compliance, which could be substantial depending on the nature and severity of the breach. In more serious cases, criminal penalties may also apply, with potential fines and imprisonment for those found guilty of offences under the Act. The exact penalties are determined by the courts, taking into account the specific circumstances of the breach.