Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION
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 Northern Territory Fisheries Regulations and the Northern Territory Fisheries Act 1988, 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 28 April 2017.”
and replace with the words
“Unless otherwise amended or revoked, this declaration is valid until 27 October 2017.”
Dated this 27th day of April 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 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 address the need for a comprehensive framework to protect and manage the environment, including biodiversity conservation. This Act was introduced by the Commonwealth Parliament to ensure that activities impacting the environment are assessed and managed appropriately. The policy objective of the Act is to protect and conserve Australia’s unique biodiversity and ecosystems, both nationally and internationally. The document in question is a variation of the declaration of an approved wildlife trade operation for the Northern Territory Offshore Net and Line Fishery, extending its validity period to meet Australia’s obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). This variation aims to maintain compliance with CITES by ensuring that the export of specimens of species listed in Appendix II is conducted under a CITES export permit, with a non-detriment finding issued by Australia’s CITES Scientific Authority.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the Northern Territory Offshore Net and Line Fishery, ensuring compliance with national standards for the trade of wildlife and its products. This Act, which is overseen by the Minister for the Environment and Energy, is applicable to the conduct of the fishery as defined under the Northern Territory Fisheries Regulations and the Northern Territory Fisheries Act 1988. The geographic reach of this legislation is national, as it operates under Commonwealth authority to protect biodiversity and manage wildlife trade. The declaration of an approved wildlife trade operation for the Northern Territory Offshore Net and Line Fishery is subject to conditions that can be amended or revoked by the Minister. The recent variation of the declaration extends its validity until 27 October 2017, thereby adjusting the timeframe specified in the original declaration dated 14 September 2016. The Act does not explicitly mention any exclusions or exemptions; however, it mandates adherence to Australia's obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), which includes obtaining non-detriment findings for species listed in Appendix II of Australia's CITES list before export.
Key Provisions
The primary operative section of this instrument is paragraph 303FT(7)(b) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), which grants the Minister the authority to vary the declaration of an approved wildlife trade operation. This particular declaration, originally dated 14 September 2016 for the Northern Territory Offshore Net and Line Fishery, has been altered to extend its validity until 27 October 2017. This change is specified in the Schedule to the original declaration. The instrument, dated 27 April 2017, is signed by Paul Murphy, who is acting as the Delegate of the Minister for the Environment and Energy.
The Act imposes several obligations on the parties involved in the Northern Territory Offshore Net and Line Fishery. These include compliance with the extended validity period of the declaration and adherence to the conditions set out in the Schedule. The approved wildlife trade operation must now operate within these extended parameters, ensuring that all activities are conducted in accordance with the updated declaration until 27 October 2017. Additionally, the operation must meet Australia’s obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), including the requirement for a non-detriment finding for any species listed in Appendix II of Australia’s CITES list.
Breaching the conditions outlined in the declaration or failing to comply with the extended validity period may result in various consequences. Under the EPBC Act, there are potential civil and criminal penalties for non-compliance with the Act’s provisions. For example, any person who contravenes a condition of the declaration could face civil penalties, including fines of up to $66,000 for individuals and $330,000 for corporations, as stipulated in section 513 of the Act. In more serious cases, criminal penalties may apply, potentially including fines of up to $660,000 for individuals and $3.3 million for corporations, along with imprisonment terms, as outlined in section 515 of the Act. It is essential for the parties involved to adhere strictly to the conditions and timelines specified to avoid these potential penalties and consequences.