COMMONWEALTH OF AUSTRALIA
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 under the Environment Protection and Biodiversity Conservation Act 1999,
(a) having considered public comments as required by section 303FR
(b) being satisfied as to those matters set out in sub-section 303FN(3)
(c) having had regard to those matters set out in sub-section 303FN(4)
declare that Hinternoosa Hatchery is a small-scale wildlife trade operation for the harvest of Australian Lungfish from Queensland waters as per Queensland Governmetn General Fisheries Permit number 179160, as defined by subsection 303FN(10) and Regulation 9A.20(2).
This declaration has effect subject to the following conditions applied under S303FT:
- The operation is undertaken in accordance with the proposal submitted by Hinternoosa on 16 January 2018.
- The brood-stock and all their progeny are kept in a closed, controlled environment in accordance with Queensland Department of Agriculture and Fisheries Aquaculture Licence conditions of approval.
- All specimens of Australian Lungfish exported under this wildlife trade operation will be animals that are at least first generation, produced from the broodstock collected under licence from the Queensland Department of Agriculture and Fisheries or subsequent progeny of those broodstock.
- All specimens of Australian Lungfish exported under this wildlife trade operation will be fitted with an internal passive integrated transponder (PIT) tag and PIT tag numbers will be provided to the Department of the Environment and Energy in an annual report (refer to condition 5 of this declaration).
- An annual report is to be provided to the Department of the Environment and Energy by the proprietors of Hinternoosa Hatchery by 31 April each year, and is to include all of the information outlined in the section entitled ‘Reporting’ in the proposal document.
- This declaration is valid for a period of three years from the date of registration on the Federal Register of Legislation.
Dated this .......6th... day of ..........April........... 2018
Paul Murphy
Delegate of the Minister for the Environment and Energy
A person whose interests are affected by this declaration may, within 28 days, make an application in writing to the Department of the Environment and Energy for the reasons for the decision.
An application for independent review of the decision (under section 303GJ(1) of the Environment Protection and Biodiversity Conservation Act 1999) may be made to the Administrative Appeals Tribunal (AAT), on payment of the relevant fee (currently $884 or reduced fee where applicable due to financial hardship) by the applicant, either within 28 days of receipt of the reasons for the decision, or within 28 days of this declaration if reasons for the decision are not sought. Applications should be made to the Deputy Registrar, AAT in your Capital City. Please visit the AAT’s website at http://www.aat.gov.au/ for further information.
You may make an application under the Freedom of Information Act 1982 (Cth) to access documents relevant to this decision. For further information, please visit http://www.environment.gov.au/foi/index.html.
Further enquiries should be directed to the Director, Wildlife Trade Assessments Section, Department of the Environment and Energy, Email: wta@environment.gov.au, Telephone: (02) 6274 1900 (option 2).
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was enacted by the Parliament of Australia to provide for the protection of the environment, particularly with respect to matters of national environmental significance. The Act aims to achieve this by regulating activities that have, or are likely to have, a significant impact on the environment, including wildlife trade operations. The Act addresses the problem of ensuring that wildlife trade operations are managed in a manner that minimises their impact on biodiversity and the environment. In the case of the Hinternoosa Hatchery, a small-scale wildlife trade operation for the harvest of Australian Lungfish, the Act allows for the declaration of such operations under specific conditions that ensure environmental protection and sustainable practices. The policy objective is to balance the economic benefits of wildlife trade with the need to conserve and protect Australia's unique biodiversity.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to entities and individuals engaged in wildlife trade operations, specifically targeting those involved in the harvesting and export of wildlife. In this context, the Act applies to Hinternoosa Hatchery, a small-scale operation approved for the harvest of Australian Lungfish from Queensland waters. The declaration of this operation is limited geographically to Queensland and is subject to conditions that ensure compliance with both federal and state regulations. The operation must adhere to the proposal submitted and maintain the broodstock and their progeny in a closed, controlled environment in line with Queensland's Department of Agriculture and Fisheries Aquaculture Licence conditions. The declaration also mandates that exported specimens are first-generation or subsequent progeny of the licensed broodstock and must be tagged with a PIT tag, with details reported annually. The declaration is valid for three years and can be reviewed by affected parties or through the Administrative Appeals Tribunal. This Act does not specify exclusions or thresholds but relies on subordinate instruments and conditions to manage and regulate the approved wildlife trade operation.
Key Provisions
The key sections of this notifiable instrument include section 303FR, which mandates that public comments be considered before a declaration is made, and section 303FN(3), which outlines the matters that must be satisfied before a declaration can be issued. Section 303FN(4) specifies the matters to be taken into account when making the declaration. Under section 303FT, the declaration sets out the conditions that must be adhered to by the approved wildlife trade operation, in this case, Hinternoosa Hatchery, for the harvest of Australian Lungfish from Queensland waters. The operation is governed by the proposal submitted by Hinternoosa on 16 January 2018, with specific requirements for maintaining the brood-stock and their progeny in a closed, controlled environment, tagging exported specimens, and providing an annual report to the Department of the Environment and Energy.
The obligations imposed on the parties governed by this Act include ensuring that the brood-stock and all their progeny are kept in a closed, controlled environment in accordance with the Queensland Department of Agriculture and Fisheries Aquaculture Licence conditions of approval. Hinternoosa Hatchery must ensure that all specimens of Australian Lungfish exported are first generation or subsequent progeny, fitted with an internal passive integrated transponder (PIT) tag, and that PIT tag numbers are provided to the Department of the Environment and Energy in an annual report. Additionally, the proprietors of Hinternoosa Hatchery are required to submit an annual report by 31 April each year, which must include all information outlined in the proposal document. Failure to meet these obligations could result in the conditions of the declaration being breached.
Breaches of the conditions set out in this declaration may lead to various civil and criminal consequences. While specific offences and penalties are not detailed in the text provided, the Environment Protection and Biodiversity Conservation Act 1999 generally provides for both civil and criminal penalties for breaches of its provisions. Civil penalties can include fines of up to $660,000 for corporations and $132,000 for individuals, depending on the severity of the breach. Criminal penalties can include fines of up to $660,000 for corporations and $132,000 for individuals, and in some cases, imprisonment. It is essential for the parties governed by this Act to comply with its provisions to avoid these potential consequences.