COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN
APPROVED WILDLIFE TRADE OPERATION (EXISTING STOCKS) FOR
JARDINI PTY LTD LUNGFISH, QUEENSLAND, APRIL 2020
I, LOUISE VICKERY, Assistant Secretary, Environment Approvals and Wildlife Trade Branch, as Delegate of the Minister for the Environment 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 for a wildlife trade operation set out in sub-sections 303FN(3), (4) and (5)
declare that Jardini Pty Ltd is a wildlife trade operation (existing stocks) as defined by subsection 303FN(10)(f) and Regulation 9A.20(5) for Neoceratodus forsteri (Australian Lungfish) from the date of registration on the Federal Register of legislation until 23 April 2023.
This declaration has effect subject to the following conditions applied under S303FT:
- Jardini Pty Ltd must undertake the wildlife trade operation in accordance with the management regime as described in the application submitted to the Department of Agriculture, Water and the Environment on 8 January 2020.
- Jardini Pty Ltd must inform the Department of Agriculture, Water and the Environment of any intended material changes to the management arrangements that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.
- The broodstock and all their progeny must be kept in a closed controlled environment in accordance with the Queensland Department of Agriculture and Fisheries Aquaculture Development Approvals DA2005BC0398 Tarome facility, and DA1902-99125 and DA2019BC0009 Wynnum facility.
- All specimens of Australian lungfish exported under this wildlife trade operation must be fish that are at least first generation, produced from the broodstock collected under Queensland Department of Agriculture and Fisheries General Fisheries permit (Number 188473) or subsequent progeny of those broodstock.
- All specimens of Australian lungfish exported under this wildlife trade operation must be fitted with an internal passive integrated transponder tag - PIT tag (or an alternative marking technology system approved by the Department of Agriculture, Water and the Environment). The passive integrated transponder tag (or approved alternative) numbers must be provided to the Department of Agriculture, Water and the Environment in the annual report (refer to condition 6 of this declaration).
- Jardini Pty Ltd must provide an annual report to the Department of Agriculture, Water and the Environment by 31 March each year. The annual report must include details of all Australian lungfish exports, including the PIT tag (or alternative marking system approved by the Department of Agriculture, Water and the Environment) numbers for each Australian lungfish and the size (length and weight) of each Australian lungfish. The report must also provide the details of the number of Australian lungfish held at Jardini Pty Ltd’s aquaculture facilities at Tarome and Wynnum.
Dated this 4th day of May 2020
......................................................................
Delegate of the Minister for the Environment
A person whose interests are affected by this declaration may, within 28 days, make an application in writing to the Department of Agriculture, Water and the Environment 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 Wildlife Trade Assessments Section, Department of Agriculture, Water and the Environment, Email: wta@awe.gov.au, Telephone: (02) 6274 1900 (options 2).
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance, and to facilitate the conservation of Australia’s biodiversity. This Act addresses the problem of unsustainable or illegal wildlife trade by establishing a regulatory framework for wildlife trade operations. The policy objective is to ensure that wildlife trade is conducted in a manner that does not threaten the survival of species, while also recognising the economic and cultural value of wildlife trade. The Act was passed by the Parliament of Australia and empowers the Minister for the Environment to delegate certain functions, including the declaration of wildlife trade operations. This declaration allows Jardini Pty Ltd to conduct a wildlife trade operation for Australian Lungfish within specified conditions, ensuring that the trade is sustainable and regulated.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to entities involved in wildlife trade operations, particularly those conducting trade in species listed under the Act. In this instance, the declaration pertains to Jardini Pty Ltd, which is recognised as a wildlife trade operation (existing stocks) for Neoceratodus forsteri, commonly known as the Australian Lungfish. This declaration is applicable nationally as it is issued under the Commonwealth of Australia and sets forth the terms and conditions for Jardini Pty Ltd's operations until 23 April 2023. The operation must adhere to the management regime detailed in the application submitted to the Department of Agriculture, Water and the Environment. Any changes to the management arrangements must be reported to the department, and all exported specimens must be first-generation progeny of the broodstock collected under a Queensland Department of Agriculture and Fisheries permit, fitted with a required PIT tag or approved alternative marking technology. Additionally, Jardini Pty Ltd is mandated to submit an annual report detailing all exports, the marking information, and the number of fish held in its facilities. The Act extends its application through subordinate instruments which may include regulations and guidelines specified by the relevant departments.
Key Provisions
The main operative sections of the declaration under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) include section 303FN, which defines "wildlife trade operation (existing stocks)" and section 303FT, which outlines the conditions that can be attached to such declarations. Under this declaration, Jardini Pty Ltd is recognised as a wildlife trade operation for Neoceratodus forsteri (Australian Lungfish) for a period until 23 April 2023. This recognition is subject to specific conditions that must be adhered to by Jardini Pty Ltd to ensure the operation complies with the EPBC Act.
Jardini Pty Ltd must conduct its wildlife trade operation in accordance with the management regime as outlined in the application submitted on 8 January 2020. This includes maintaining broodstock and their progeny in a closed controlled environment as specified by the Queensland Department of Agriculture and Fisheries. Jardini Pty Ltd is also required to inform the Department of Agriculture, Water and the Environment of any material changes to the management arrangements. Furthermore, all specimens exported must be at least first-generation progeny from the specified broodstock and must be tagged with a passive integrated transponder tag or an approved alternative. Jardini Pty Ltd must submit an annual report by 31 March each year, detailing all exports, tagging information, and stock levels at their facilities.
The declaration imposes several obligations and requirements on Jardini Pty Ltd. They must ensure that all Australian lungfish exported are from the approved broodstock and are at least first-generation progeny. All exported fish must be tagged with a passive integrated transponder tag or an approved alternative, and the tag numbers must be reported annually. Jardini Pty Ltd must also maintain a closed controlled environment for broodstock and progeny, in compliance with the Queensland Department of Agriculture and Fisheries' approvals. Additionally, any changes to the management arrangements must be communicated to the Department of Agriculture, Water and the Environment.
Breaches of the conditions set out in this declaration may lead to civil and criminal consequences. Under the EPBC Act, unauthorised activities related to wildlife trade can result in substantial penalties. The maximum penalties for contravening the Act can include fines of up to $66,000 for individuals and significantly higher amounts for corporations, along with potential imprisonment. Further, Jardini Pty Ltd could face additional administrative actions, including the revocation of their wildlife trade operation approval, should they fail to comply with the conditions outlined in the declaration.