COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION
I, GEOFF RICHARDSON, Assistant Secretary, Marine Biodiversity and Biosecurity Branch, as Delegate of the Minister for Sustainability, Environment, Water, Population and Communities, having satisfied myself on the matters set out in section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), declare the operation that is specified in column 1 of Table 1, to be an approved wildlife trade operation in accordance with subsection 303FN(2) and paragraph 303FN(10)(b), for the purposes of the EPBC Act, to the extent the operation relates to the class of specimens specified in column 2 of Table 1.
Table 1
Operation | Class of Specimens |
Collection of broodstock and gametes of giant clams by Arafura Aquatic Fish Pty Ltd. | Specimens of Tridacna squamosa collected in accordance with relevant Northern Territory licences. |
Unless amended or revoked, this declaration:
a) is valid until 30 June 2016 and;
b) is subject to the conditions applied under section 303FT specified in the Schedule.
Dated this 24th day of July 2013
………….….……Geoff Richardson……………………
Delegate of the Minister for the Environment, Heritage and Water
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 reason may be made in writing to Department of Sustainability, Environment, Water, Population and Communities 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.
SCHEDULE
Declaration of the collection of broodstock and gametes of giant clams by Arafura Aquatic Fish Pty Ltd as an approved wildlife trade operation, July 2013
ADDITIONAL PROVISIONS (section 303FT)
Condition 1: Arafura Aquatic Fish Pty Ltd must operate its giant clam aquaculture venture in accordance with aquaculture licences issued by the Northern Territory Government under the Northern Territory Fisheries Act 1988 and Northern Territory Fisheries Regulations.
Condition 2: Arafura Aquatic Fish Pty Ltd must advise the Department of Sustainability, Environment, Water, Population and Communities in writing of any changes to the:
- conditions on the aquaculture licences issued by the Northern Territory Government
- collection process of wild specimens or gametes, or
- growing out process of juvenile clams.
Condition 3: By 30 April each year, Arafura Aquatic Fish Pty Ltd must provide a report for the preceding year to the Department of Sustainability, Environment, Water, Population and Communities which must include:
- total harvest of Tridacna squamosa from the wild for broodstock; including date of harvest, location, quantity, size and reproductive state of individuals collected
- total harvest of T. squamosa from the wild for the collection of gametes; including date of harvest, location, quantity, size and reproductive state of individuals collected and the period of time for which individuals were retained before being returned to the wild
- numbers and details of mortality of any broodstock collected from the wild
- where known, numbers and details of any mortality of wild T. squamosa used for the collection of gametes
- results of spawning and rearing trials and the number of specimens reared and lost through brood mortality
- quantities and numbers of specimens sold or held as stocks, and
- details of the reproductive success of the operation.
Condition 4: Tridacna squamosa grown out in sea cages must be harvested prior to reaching reproductive maturity.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for the protection of the Australian environment, particularly biodiversity, by providing a framework for the conservation of native species and ecosystems. This Act aims to provide a nationally consistent approach to the protection of the environment by regulating activities that may have a significant impact on matters of national environmental significance, including native flora and fauna. The EPBC Act was introduced by the Parliament of Australia to provide a legislative framework that integrates environmental protection with economic development. The Act aims to balance conservation efforts with sustainable use of natural resources, ensuring that economic activities do not lead to significant harm to the environment. Geoff Richardson, as the Delegate of the Minister for the Environment, Heritage and Water, declared the operation of Arafura Aquatic Fish Pty Ltd concerning the collection of broodstock and gametes of giant clams as an approved wildlife trade operation. This declaration was made under the authority provided by section 303FN of the EPBC Act, ensuring the operation complies with the necessary conditions to mitigate any potential environmental impacts.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the collection of broodstock and gametes of giant clams by Arafura Aquatic Fish Pty Ltd. This legislation establishes the framework for the protection of the environment, including wildlife, through the declaration of approved wildlife trade operations. The declaration made by the Assistant Secretary, Marine Biodiversity and Biosecurity Branch, as a delegate of the Minister for Sustainability, Environment, Water, Population and Communities, specifies the operation of Arafura Aquatic Fish Pty Ltd as an approved wildlife trade operation concerning the collection of Tridacna squamosa in accordance with Northern Territory licences. The geographic reach of this Act is national, with the Commonwealth of Australia having jurisdiction over matters concerning biodiversity and wildlife trade. This declaration is subject to conditions outlined in the Schedule and remains valid until 30 June 2016 unless amended or revoked. The operation must adhere to the Northern Territory Fisheries Act 1988 and Northern Territory Fisheries Regulations, and Arafura Aquatic Fish Pty Ltd must report annually to the Department of Sustainability, Environment, Water, Population and Communities on the operation's activities, including harvest details, mortality rates, and reproductive success.
Key Provisions
The main operative sections of this declaration under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) pertain to the approval of a specific wildlife trade operation. Section 303FN declares the collection of broodstock and gametes of giant clams by Arafura Aquatic Fish Pty Ltd as an approved wildlife trade operation (section 303FN(2) and paragraph 303FN(10)(b)). This declaration is valid until 30 June 2016 and is subject to the conditions specified in the Schedule under section 303FT. These conditions include compliance with Northern Territory aquaculture licences, reporting requirements, and restrictions on the harvesting of giant clams to prevent them from reaching reproductive maturity.
The obligations imposed on Arafura Aquatic Fish Pty Ltd under this declaration are multifaceted. Firstly, the company must adhere to the aquaculture licences issued by the Northern Territory Government under the Northern Territory Fisheries Act 1988 and Northern Territory Fisheries Regulations (Condition 1). Secondly, they must notify the Department of Sustainability, Environment, Water, Population and Communities of any changes to their collection processes or licence conditions (Condition 2). Additionally, Arafura Aquatic Fish Pty Ltd is required to submit an annual report detailing various aspects of their operations, including the harvest of wild specimens, mortality rates, results of spawning and rearing trials, and the reproductive success of their operation (Condition 3). Lastly, the company must ensure that Tridacna squamosa grown in sea cages are harvested before they reach reproductive maturity (Condition 4).
Failure to comply with the conditions set out in this declaration could result in various civil or criminal consequences. While the specific penalties are not detailed in the text, breaches of the EPBC Act can generally lead to enforcement actions, fines, or other penalties as determined by the relevant authorities. The exact penalties for non-compliance would depend on the severity and nature of the breach, as well as the provisions of the EPBC Act and any related legislation.