Declaration of an Approved Wildlife Trade Operation – Commonwealth Cocos (Keeling) Islands Clam Fishery, September 2025

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a comprehensive legislative framework for the protection of the environment, including biodiversity and heritage, and to provide a mechanism for the regulation of activities that may have a significant impact on the environment. This Act empowers the Australian government to manage and protect Australia's biodiversity and heritage, both domestically and internationally, through mechanisms such as the approval of wildlife trade operations. The EPBC Act is administered by the Australian Parliament, with the Minister for the Environment and Water having the authority to delegate certain functions, including the declaration of approved wildlife trade operations. In this context, the policy objective is to ensure that wildlife trade operations are conducted in a manner that is ecologically sustainable and compliant with international obligations, such as those under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). In September 2025, the A/Branch Head, Ocean and Wildlife, acting as a delegate of the Minister for the Environment and Water, declared the operations for the harvesting of specimens that are or are derived from fish or invertebrates, taken in the Commonwealth Cocos (Keeling) Islands Clam Fishery, as an approved wildlife trade operation under the EPBC Act. This declaration was made in accordance with the provisions of the Act, considering the application from the relevant government department, public comments, and advice on the ecological sustainability of the operation. The declaration is subject to certain conditions, including the provision of annual reports and the completion of an updated stock survey for Tridacna maxima stocks by 2028, and is valid until 10 September 2028, unless amended or revoked. This declaration aims to facilitate the sustainable management of the fishery while meeting Australia's obligations under international agreements such as CITES.

Scope and Application

The declaration under the Environment Protection and Biodiversity Conservation Act 1999 pertains to the approved wildlife trade operation involving the Commonwealth Cocos (Keeling) Islands Clam Fishery. This operation applies to the harvesting of specimens derived from fish or invertebrates, in accordance with the regulatory framework set out in the Cocos (Keeling) Islands Act 1955, the Fish Resources Management Act 1994, and the Fish Resources Management Regulations 1995, but excludes certain species. Specifically, it does not include specimens belonging to taxa listed under sections 209, 248, 303BC, or 303CA of the EPBC Act, except for small giant clams (Tridacna maxima). The geographic reach of this declaration is confined to the Commonwealth Cocos (Keeling) Islands. The declaration is valid until 10 September 2028 and is subject to specific conditions outlined in Schedule 1, which include annual reporting and the completion of a stock survey for Tridacna maxima by 29 February 2028. Subordinate instruments may further extend or restrict the application of this Act.

Key Provisions

The primary operative sections of the declaration (sections 303FN and 303FT) allow the Delegate of the Minister for the Environment and Water to declare certain wildlife trade operations as approved under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303FN enables the declaration of approved wildlife trade operations if certain conditions are met, while section 303FT outlines the additional provisions that may apply to such operations. This declaration pertains to the Commonwealth Cocos (Keeling) Islands Clam Fishery, which is now an approved wildlife trade operation, subject to certain exclusions and conditions. The obligations imposed by this declaration on the parties involved, particularly the Commonwealth Department of Infrastructure, Transport, Regional Development, Communication and the Arts, include providing annual reports to the Department of Climate Change, Energy, the Environment and Water by March each year. These reports must contain species-specific harvest data, including discards, for any species listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Additionally, any intended changes to legislative instruments or material changes to management arrangements that could affect the basis for the export approval must be notified to the department. Furthermore, by 29 February 2028, the Department of Infrastructure, Transport, Regional Development, Communication and the Arts must complete and publish an updated stock survey for Tridacna maxima stocks at the Cocos (Keeling) Islands, considering any recommendations from the previous 2024 survey. Breaching the conditions specified in this declaration may result in civil or criminal consequences. While the specific penalties for breaches are not detailed in the declaration, the EPBC Act generally provides for substantial fines and, in some cases, imprisonment. The precise penalties would depend on the nature and severity of the breach, as well as any relevant provisions of other applicable laws. Additionally, under the Administrative Review Tribunal Act 2024, affected parties may apply for a statement of reasons or for independent review of the decision within 28 days of the declaration date or receipt of reasons, subject to payment of the relevant fee. This allows for judicial oversight and potential recourse in cases of dissatisfaction with the decision-making process.