COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION
(EXISTING STOCKS) FOR TYCRAFT PTY LTD TO EXPORT LIVE JUVENILE TRIDACNA MAXIMA GIANT CLAMS, APRIL 2026
I, JESSICA HOEY, Director, Sustainable Fisheries and CITES Policy section, as Delegate of the Minister for the Environment and Water, have considered in accordance with section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), the application from the Commonwealth Department of Infrastructure, Transport, Regional Development, Communication and the Arts, public comments on the proposal as required under section 303FR and the criteria set out in subsection 9A.20(5) of the Environment Protection and Biodiversity Conservation Regulations 2025. I am satisfied the matters specified in section 303FN of the EPBC Act and Regulation 9A.20(5) have been met.
I hereby declare that Tycraft Pty Ltd is a wildlife trade operation (existing stocks) as defined by subsection 303FN(10)(f) and Regulation 9A.20(4) and (5) for Tridacna maxima giant clams.
Unless amended or revoked, this declaration:
a) is valid until 7 April 2031 and;
b) is subject to the conditions applied under section 303FT specified in Schedule 1.
This instrument commences on 8 April 2026.
Dated this 7th day of April 2026
JESSICA HOEY
………….…….………………………………
Delegate of the Minister for the Environment and Water
Notes:
- Under the Administrative Review Tribunal Act 2024, 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 reasons may be made in writing to the Department of Climate Change, Energy, the Environment and Water within 28 days of the date of the declaration. An application for independent review may be made to the Administrative Review 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, Department of Climate Change, Energy, the Environment and Water, Email: sustainablefisheries@dcceew.gov.au.
- Australia’s obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) are met through Part 13A of the EPBC Act. Specimens of species listed in Appendix II of Taxa listed in the CITES Appendices under section 303CA of the EPBC Act may only be exported, under a CITES export permit issued under the EPBC Act, if Australia’s CITES Scientific Authority has issued a non-detriment finding for that species. Further information is available from https://www.dcceew.gov.au/environment/wildlife-trade/cites.
Schedule 1
Declaration of an approved wildlife trade operation (existing stocks) for Tycraft Pty Ltd, April 2026
ADDITIONAL PROVISIONS (section 303FT)
Condition 1
This approval covers only those Tridacna maxima specimens that were produced by Tycraft Pty Ltd between 15 April 2022 and 10 September 2025.
Condition 2
Tycraft Pty Ltd must continue to operate in a manner that is consistent with the requirements set out in its Ministerial Exemption (as provided under section 7 of the Fish Resources Management Act 1994 (WA) (CKI)).
Condition 3
Tycraft Pty Ltd must maintain all relevant State, Territory, and Commonwealth approvals or permits that are required to legally obtain, keep, move, and trade in approved specimens of Tridacna maxima giant clams.
Condition 4
An annual report detailing the trade and disposal of the Tridacna maxima specimens covered by the existing stocks approval must be provided to the Department of Climate Change, Energy, the Environment and Water by March each year.
This information can be provided as part of the broader annual report prepared by Department of Infrastructure, Transport, Regional Development, Communication and the Arts for the Commonwealth Cocos (Keeling) Islands Clam Fishery.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 was enacted by the Commonwealth Parliament to address environmental protection and biodiversity conservation, ensuring sustainable use of natural resources and addressing impacts of activities on the environment, including through compliance with international obligations like CITES. This Act provides a framework for managing activities that may have a significant impact on the environment, including wildlife trade. The policy objective is to protect Australia's biodiversity and natural environment while facilitating sustainable development. This legislative instrument, declaring Tycraft Pty Ltd as an approved wildlife trade operation for existing stocks of Tridacna maxima giant clams, exemplifies the Act's application in managing wildlife trade to comply with Australia's CITES obligations and ensure conservation of species listed in Appendix II.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to Tycraft Pty Ltd for the export of live juvenile Tridacna maxima giant clams. This Act, a Commonwealth legislation, governs the protection of the environment and biodiversity across Australia, including regulating wildlife trade operations. The declaration specifically pertains to Tycraft Pty Ltd's existing stocks of Tridacna maxima giant clams, allowing the company to export these specimens under certain conditions. This approval is valid until 7 April 2031 and is subject to additional provisions outlined in Schedule 1, including the maintenance of relevant permits and annual reporting. The geographic reach of this legislation is national, extending to the Commonwealth of Australia, and it incorporates obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Exclusions or exemptions from this declaration are limited to the specified conditions and timeframes, and any deviations require further review and amendment under the EPBC Act.
Key Provisions
The main sections of this declaration establish that Tycraft Pty Ltd is an approved wildlife trade operation for existing stocks of Tridacna maxima giant clams, as outlined in section 303FN(10)(f) and Regulation 9A.20(4) and (5) of the Environment Protection and Biodiversity Conservation Regulations 2025. This declaration is valid until 7 April 2031, and is subject to conditions set out in section 303FT of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), which are detailed in Schedule 1. These conditions include the specific timeframe during which the clams were produced (Condition 1), the requirement for Tycraft Pty Ltd to maintain compliance with Ministerial Exemptions under the Fish Resources Management Act 1994 (WA) (CKI) (Condition 2), and the necessity to hold all relevant state, territory, and commonwealth approvals or permits for legal trade (Condition 3). Additionally, Tycraft Pty Ltd must submit an annual report detailing the trade and disposal of Tridacna maxima specimens to the Department of Climate Change, Energy, the Environment and Water by March each year (Condition 4).
The obligations imposed on Tycraft Pty Ltd by this declaration include ensuring that their operations align with the conditions specified in Schedule 1 of the declaration. Specifically, Tycraft Pty Ltd must produce their Tridacna maxima specimens only within the defined timeframe from 15 April 2022 to 10 September 2025, and must maintain all necessary approvals and permits for the legal acquisition, possession, movement, and trade of these specimens. Tycraft Pty Ltd must also adhere to the Fish Resources Management Act 1994 (WA) (CKI) Ministerial Exemption requirements, ensuring their operations are consistent with these regulations. Furthermore, the company is required to provide an annual report detailing the trade and disposal of the clams, ensuring transparency and compliance with the conditions of the declaration.
Failure to comply with the conditions set out in the declaration or the regulations can result in various civil and criminal consequences. Under the EPBC Act, breaches of the conditions may lead to enforcement actions, including fines and other penalties. For instance, non-compliance with the requirement to maintain all relevant approvals or permits could result in administrative penalties as specified in the relevant legislation. Additionally, failure to submit the required annual report may also result in enforcement actions. The maximum penalties for breaches of the EPBC Act can include substantial fines and, in severe cases, criminal charges leading to imprisonment. The specifics of the penalties would depend on the nature and severity of the breach, and would be determined in accordance with the provisions of the EPBC Act and any applicable regulations.