Declaration of an Approved Small-Scale Wildlife Trade Operation – Hinternoosa Hatchery 2024-27

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment, particularly in relation to biodiversity and heritage, and to establish a framework for the management of environmental impacts. This Act addresses the need for a comprehensive approach to managing environmental impacts, particularly those related to biodiversity, by providing a legal framework that integrates environmental protection with other considerations such as economic development. The Act was introduced by the Commonwealth Parliament with the policy objective of ensuring that environmental considerations are integrated into decision-making processes at all levels of government and by private entities. The declaration of an approved small-scale wildlife trade operation, such as the Hinternoosa Hatchery for Neoceratodus forsteri (Australian Lungfish) for the period 2024-27, exemplifies the application of this Act to regulate wildlife trade operations, ensuring that they comply with environmental protection standards while allowing for sustainable trade practices.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, through the declaration of an approved small-scale Wildlife Trade Operation for the Hinternoosa Hatchery, applies to the trade of Neoceratodus forsteri, commonly known as the Australian Lungfish. This Act, enacted by the Commonwealth of Australia, governs the operation of wildlife trade at the national level, ensuring that it adheres to environmental protection and biodiversity conservation standards. The declaration applies specifically to the Hinternoosa Hatchery, mandating compliance with stringent conditions to ensure sustainable and environmentally responsible trade practices. These conditions include the sourcing of broodstock, tagging requirements for exported fish, retention of progeny as future broodstock, and annual reporting to the Department of Climate Change, Energy, the Environment and Water. The Act's jurisdictional reach is national, overseen by the Commonwealth, but it also incorporates state-specific regulations, such as the Queensland Department of Agriculture and Fisheries permit requirements for broodstock collection. The operation is subject to specific exclusions and exemptions outlined in the declaration, including the prohibition of exporting wild-harvested fish and the necessity for internal tagging of all exported specimens. The application and enforcement of this Act may be extended or modified through subordinate instruments, ensuring adaptability to emerging conservation needs and scientific advancements.

Key Provisions

This notifiable instrument (F2024N00348) declares that Hinternoosa Hatchery is an approved small-scale wildlife trade operation under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This declaration is made by Belinda Jago, Branch Head of the Ocean and Wildlife Branch, as a delegate of the Minister for the Environment and Water, and is valid for three years from the day after its registration on the Federal Register of Legislation (section 303FR). The operation must comply with the proposal submitted to the Department of Climate Change, Energy, the Environment and Water on 22 January 2024. This includes the requirement that all exported Australian Lungfish (Neoceratodus forsteri) be at least first-generation, produced from broodstock collected under a Queensland Department of Agriculture and Fisheries General Fisheries Permit or subsequent progeny of those broodstock (section 303FN(3), (4), (5)). Additionally, all exported specimens must be fitted with an internal Passive Integrated Transponder (PIT) tag or an alternative marking technology system approved by the Department, and any wild-harvested specimens must be PIT tagged within 7 business days of harvest and reported within 14 business days (section 303FT). The obligations imposed on Hinternoosa Hatchery include ensuring that a minimum of 20 progeny are retained as future broodstock and that all retained progenies are PIT tagged within 9 months of hatching. The hatchery must also provide an annual report to the Department by 20 April each year. This report must include details on the number of Australian Lungfish produced, including the generation of each specimen, the PIT tag number, and date of PIT tagging. It must also include domestic and international sales information, such as the total number of specimens traded, individual transaction details, and breeding generation information for each specimen. Additionally, the report must detail the total number of broodstock and progeny held at the hatchery and the number and percentage of progenies retained as future broodstock. Failure to comply with the conditions of this declaration may result in civil or criminal consequences. Under the EPBC Act, breaches of the conditions may be subject to enforcement actions. For example, failure to report harvest information within the specified timeframe may result in fines or other penalties as outlined in the Act. Additionally, any person whose interests are affected by this declaration may apply to the Administrative Appeals Tribunal (AAT) for an independent review of the decision, and applications under the Freedom of Information Act 1982 (Cth) can be made to access relevant documents. The maximum penalties for offences under the EPBC Act can include significant fines and, in some cases, imprisonment, depending on the nature and severity of the breach.