Declaration of an Approved Wildlife Trade Operation (Existing Stocks) for Jardini Pty Ltd Australian Lungfish Queensland (2023-2026)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was enacted to provide for the protection of the environment, particularly with regard to matters of national environmental significance. The Act was introduced to address the need for a comprehensive framework to manage and conserve Australia's biodiversity, ecosystems, and cultural heritage, while also allowing for sustainable development. The Act is administered by the Parliament of the Commonwealth of Australia, with the overarching policy objective being to protect and manage the environment in a manner that is ecologically sustainable. The Act aims to achieve this by providing a regulatory framework that ensures biodiversity conservation, sustainable use of natural resources, and the mitigation of adverse environmental impacts.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to Jardini Pty Ltd as a wildlife trade operation for Neoceratodus forsteri, the Australian Lungfish, for the period of 2023 to 2026. This declaration is made by Adam Sincock, the Principal Director of the Wildlife Trade Office, as a delegate of the Minister for the Environment and Water. The operation must be conducted in accordance with the proposal submitted to the Department of Climate Change, Energy, the Environment and Water, and the declaration is valid for three years from the day after its publication on the Federal Register of Legislation. The operation is subject to specific conditions, such as maintaining a closed controlled environment for the brood stock and progeny, exporting only first-generation fish or their progeny, tagging all exported specimens with a Passive Integrated Transponder tag or an approved alternative marking system, and providing an annual report to the Department of Climate Change, Energy, the Environment and Water. The Act extends its application through subordinate instruments, such as the regulations made under section 303FN and the conditions applied under section 303FT.

Key Provisions

The primary operative sections of this declaration, under the Environment Protection and Biodiversity Conservation Act 1999, pertain to the establishment of a wildlife trade operation (section 303FN) for Jardini Pty Ltd concerning the Australian Lungfish (Neoceratodus forsteri). This operation is approved for the period 2023 to 2026, subject to specific conditions. Section 303FR requires the delegate to consider public comments before making the declaration, while section 303FN(3), (4) and (5) outline the criteria that must be satisfied for such an operation to be approved. The declaration explicitly identifies Jardini Pty Ltd as a wildlife trade operation for existing stocks of the Australian Lungfish, as defined by section 303FN(10)(f) and Regulation 9A.20(5). Jardini Pty Ltd is required to adhere to a number of obligations and requirements as stipulated in the declaration. These include maintaining the brood stock and all progeny of the Australian lungfish in a closed controlled environment as per the Queensland Department of Agriculture and Fisheries Aquaculture Development Approvals for the Tarome and Wynnum facilities. Furthermore, all exported specimens must be at least first generation, produced from the brood stock collected under the Queensland Department of Agriculture and Fisheries General Fisheries permit or subsequent progeny of those brood stock. An additional requirement is that all exported specimens must be fitted with an internal Passive Integrated Transponder tag (PIT tag), or an alternative marking technology system approved by the Department of Climate Change, Energy, the Environment and Water. Jardini Pty Ltd must also submit an annual report to the Department by 31 March each year, detailing all Australian lungfish exports, the PIT tag (or approved alternative marking system) numbers for each fish, the average size of each fish, and the number of fish held at their facilities. The legislation also delineates specific offences and potential consequences for non-compliance. Breaches of the conditions outlined in the declaration can result in various civil and criminal penalties, although the exact penalties are not specified within the text of the declaration. It is implied that severe non-compliance with environmental protection and biodiversity conservation regulations could lead to significant legal repercussions. Parties affected by the declaration have the right to seek reasons for the decision from the Department of Climate Change, Energy, the Environment and Water within 28 days, and also have the option to apply for an independent review by the Administrative Appeals Tribunal (AAT) within the same timeframe.