COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN
APPROVED WILDLIFE TRADE OPERATION
I, PAUL MURPHY, Assistant Secretary, Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment and Energy 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 set out in sub-section 303FN(3)
(c) having had regard to those matters set out in sub-section 303FN(4)
declare that Jardini Pty Ltd is a small-scale wildlife trade operation as defined by subsection 303FN(10) Regulation 9A.20(2).
This declaration has effect subject to the following conditions applied under S303FT:
- The operation is undertaken in accordance with the proposal submitted by Jardini Pty Ltd on 26 October 2016.
- The brood-stock and all their progeny are kept in a closed, controlled environment in accordance with Queensland Department of Agriculture and Fisheries Aquaculture Licence conditions of approval.
- All specimens of Australian lungfish exported under this wildlife trade operation will be animals that are at least first generation, produced from the brood-stock collected under licence from the Queensland Department of Agriculture and Fisheries or subsequent progeny of those brood-stock.
- All specimens of Australian lungfish exported under this wildlife trade operation will be fitted with an internal passive integrated transponder tag and passive integrated transponder tag numbers will be provided to the Department of the Environment and Energy in the annual report (refer to condition 5 of this declaration).
- An annual report is to be provided to the Department of the Environment and Energy by the proprietors of Jardini Pty Ltd by 31 March each year, and is to include all of the information outlined in the section entitled ‘Reporting’ in the proposal document.
- This declaration is valid for a period of three years from the date of registration on the Federal Register of legislation.
Dated this 17 day of February 2017
Paul Murphy
Delegate of the Minister for the Environment and Energy
A person whose interests are affected by this declaration may, within 28 days, make an application in writing to the Department of the Environment and Energy 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 the Director, Wildlife Trade Assessments Section, Department of the Environment and Energy, Email: wta@environment.gov.au, Telephone: (02) 6274 1900 (options 2).
Overview
The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment, particularly matters of national environmental significance. The Act was introduced to address the gap in comprehensive environmental protection and to provide for better coordination of environmental responsibilities between the Commonwealth and the states. The Act is administered by the Australian Parliament, with the objective of ensuring that the impact of proposed actions on the environment is properly assessed and managed. This notifiable instrument declares Jardini Pty Ltd as a small-scale wildlife trade operation, subject to specific conditions designed to ensure the sustainable and controlled trade of Australian lungfish, thereby supporting the policy objective of preserving biodiversity and managing wildlife trade responsibly.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to entities involved in wildlife trade operations within Australia, particularly those that intend to export native species. The Act regulates these operations to ensure they do not threaten biodiversity or the environment. This declaration pertains specifically to Jardini Pty Ltd, a small-scale wildlife trade operation, as recognised under the Act. The operation is subject to conditions ensuring that the Australian lungfish bred and exported are first-generation progeny of brood-stock collected under licence and are tagged for identification. This declaration applies nationally and is valid for three years, with the requirement for an annual report to the Department of the Environment and Energy. The Act allows for the declaration to be subject to modifications or extensions through subordinate instruments, and affected parties have the right to seek reasons for the decision and apply for review through the Administrative Appeals Tribunal.
Key Provisions
The declaration under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) designates Jardini Pty Ltd as a small-scale wildlife trade operation, as per section 303FN(10) Regulation 9A.20(2). The declaration is subject to specific conditions outlined in section 303FT, which mandate that Jardini Pty Ltd's operations adhere to the proposal submitted on 26 October 2016. These operations must be carried out in a controlled environment, as stipulated by the Queensland Department of Agriculture and Fisheries' Aquaculture Licence conditions of approval. Furthermore, only Australian lungfish that are at least first generation, derived from brood-stock collected under licence or their progeny, are permitted for export. These fish must also be tagged with an internal passive integrated transponder tag, with tag numbers reported annually to the Department of the Environment and Energy.
The obligations imposed by this declaration on Jardini Pty Ltd include maintaining a closed, controlled environment for the brood-stock and their progeny, ensuring compliance with the specified tagging and reporting requirements. The annual report to be submitted by 31 March each year must include comprehensive details as outlined in the proposal document, ensuring transparency and accountability in their wildlife trade activities. This declaration is effective for a period of three years from the date of registration on the Federal Register of Legislation.
The Act also outlines potential penalties and consequences for non-compliance. Breaches of the conditions specified in the declaration could result in civil or criminal penalties, depending on the nature and severity of the violation. While the specific penalties are not detailed in the provided text, the EPBC Act generally provides for fines and imprisonment for serious offences related to wildlife trade. The exact penalties would be determined based on the particular breach and the circumstances surrounding it.