Declaration of an Approved Wildlife Trade Operation (Existing Stocks) for Hinternoosa Hatchery Lungfish, Queensland, May 2021

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Parliament of Australia to address the problem of protecting and conserving Australia's biodiversity and environmental heritage. This Act provides a framework for the protection of the environment, particularly matters of national environmental significance, and the sustainable use of natural resources. The policy objective of the EPBC Act is to ensure that the impact of proposed actions on the environment is properly assessed and managed. The declaration of an approved wildlife trade operation for the Hinternoosa Hatchery lungfish in Queensland under this Act aims to regulate the trade of the Australian Lungfish, ensuring that it is conducted sustainably and in compliance with environmental protection standards. This declaration outlines specific conditions that the hatchery must adhere to, including maintaining a closed controlled environment for the broodstock and their progeny, and the use of PIT tags for tracking exported specimens.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, under which this declaration has been made, applies to the management and conservation of native wildlife, including the trade of wildlife for commercial purposes, across the Commonwealth of Australia. The declaration specifically applies to Hinternoosa Hatchery in Queensland, which has been approved as an existing stock wildlife trade operation for the Neoceratodus forsteri, also known as the Australian Lungfish. This approval is effective from the date of registration on the Federal Register of Legislation until 23 April 2024 and is subject to certain conditions. These conditions include adhering to a defined management regime, maintaining the broodstock and their progeny in a closed controlled environment as per specific Queensland regulations, and ensuring that all exported specimens are either first-generation fish or subsequent progeny, marked with a passive integrated transponder tag or an approved alternative, and reported annually to the Department of Agriculture, Water and the Environment. This declaration extends to regulating the trade of the Australian Lungfish under the EPBC Act, ensuring compliance with environmental protection and biodiversity conservation measures.

Key Provisions

The main sections of the legislation declare Hinternoosa Hatchery as an approved wildlife trade operation for Neoceratodus forsteri, also known as the Australian Lungfish, under the Environment Protection and Biodiversity Conservation Act 1999. This approval is contingent upon several conditions set forth in the declaration, such as maintaining the broodstock and their progeny in a closed, controlled environment as per Queensland Department of Agriculture and Fisheries regulations (Section 303FN(3), (4), and (5)). The operation must comply with a specified management regime, which was detailed in the application submitted on 11 March 2021 (Section 303FT). The approval also mandates that all exported specimens be at least first-generation offspring from the approved broodstock, and that they be fitted with an internal passive integrated transponder tag (PIT tag) or an alternative marking system approved by the Department of Agriculture, Water and the Environment (Section 303FN(10)(f)). Annual reporting requirements stipulate that Hinternoosa Hatchery must submit detailed reports to the Department by 31 April each year, including information on production numbers, sales, exports, and the retention of specimens at the facility (Section 303FN(10)(f) and Regulation 9A.20(5)). The obligations imposed by this Act on Hinternoosa Hatchery are stringent and multi-faceted. Primarily, the hatchery must adhere strictly to the outlined management regime, ensuring that all activities comply with the conditions of the approval. This includes maintaining a closed, controlled environment for the broodstock and their progeny, in line with specified Queensland regulations (Section 303FT). Any intended material changes to the management arrangements must be communicated promptly to the Department of Agriculture, Water and the Environment to maintain the validity of the assessment against which decisions are made (Section 303FT). Additionally, Hinternoosa Hatchery must ensure that all exported specimens meet the specified criteria, including being first-generation offspring and being appropriately tagged (Section 303FN(10)(f)). Annual reporting is another critical obligation, requiring the submission of comprehensive reports by 31 April each year, detailing production numbers, sales, exports, and the retention of specimens on-site (Section 303FN(10)(f) and Regulation 9A.20(5)). Breaches of the conditions stipulated in the declaration can result in serious consequences. While the specific penalties for non-compliance are not detailed in the declaration, the Environment Protection and Biodiversity Conservation Act 1999 provides for both civil and criminal penalties for violations of its provisions. Civil penalties can include substantial fines, with the maximum penalty often linked to the severity and impact of the breach. Criminal penalties can also be imposed, leading to imprisonment for individuals found guilty of serious or repeated breaches. Furthermore, any failure to comply with the annual reporting requirements or to maintain the required standards for the wildlife trade operation could result in the revocation of the approval, effectively shutting down the operation until compliance is achieved. Given the stringent nature of the regulations and the potential for significant environmental impact, it is crucial that Hinternoosa Hatchery adheres strictly to all conditions to avoid these severe consequences.