Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – QUEENSLAND AQUARIUM FISH FisherY, MARCH 2026
I, JESSICA HOEY, Director Sustainable Fisheries & CITES Policy, as Delegate of the Minister for the Environment and Water, hereby vary under paragraph 303FT(7)(b) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) the declaration of an approved wildlife trade operation dated 18 April 2024 for the Queensland Aquarium Fish Fishery as defined in the management regime in force under the:
- Fisheries Act 1994 (Qld)
- Fisheries (General) Regulation 2019 (Qld)
- Fisheries (Commercial Fisheries) Regulation 2019 (Qld)
- Fisheries Declaration 2019 (Qld),
such that the condition specified in Schedule 1 to that declaration is varied as follows:
In Condition 5 b), delete the words
“By 30 May 2026, implement all risk mitigation recommendations identified in the level 2 assessment.”
and replace with the words
“By 30 November 2026, implement all risk mitigation recommendations identified in the level 2 assessment.”
In Condition 6, delete the words
“By 30 May 2026, the Queensland Department of Agriculture and Fisheries must review and if necessary, update the Queensland Aquarium Fish Fishery harvest strategy to ensure it:
a) considers the outcomes from the Level 2 Environmental Risk Assessment
b) manages risks to individual species and ecosystem functions, including risks associated with environmental disturbance and localised depletion.
A copy of the revised harvest strategy must be published and sent to the Department of Climate Change, Energy, the Environment and Water by 30 May 2026.”
and replace with the words
“By 30 November 2026, the Queensland Department of Agriculture and Fisheries must review and if necessary, update the Queensland Aquarium Fish Fishery harvest strategy to ensure it:
a) considers the outcomes from the Level 2 Environmental Risk Assessment
b) manages risks to individual species and ecosystem functions, including risks associated with environmental disturbance and localised depletion.
A copy of the revised harvest strategy must be published and sent to the Department of Climate Change, Energy, the Environment and Water by 30 November 2026.”
Dated this 3 day of March 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 hhttps://www.dcceew.gov.au/environment/wildlife-trade/cites.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. This includes the conservation of biodiversity, protection of the World Heritage properties, and the regulation of international trade in endangered species. The EPBC Act addresses the problem of unsustainable wildlife trade and its potential impacts on biodiversity and ecosystems by establishing a framework for the assessment and management of activities that may harm the environment. The Act was introduced to ensure that Australia meets its international obligations under various environmental conventions, including the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The policy objective of the Act is to protect and conserve Australia's unique biodiversity and to ensure sustainable use of natural resources.
This notifiable instrument amends the declaration of an approved wildlife trade operation for the Queensland Aquarium Fish Fishery, extending deadlines for implementing risk mitigation recommendations and updating the harvest strategy to align with the latest environmental risk assessments. The instrument was issued by Jessica Hoey, as Delegate of the Minister for the Environment and Water, under the authority granted by the EPBC Act. The revised declaration aims to ensure that the Queensland Aquarium Fish Fishery continues to operate sustainably, minimising environmental impacts while supporting the conservation of marine biodiversity.
Scope and Application
The declaration under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) pertains specifically to the approved wildlife trade operation of the Queensland Aquarium Fish Fishery. This operation is subject to the regulatory framework established by the Fisheries Act 1994 (Qld), the Fisheries (General) Regulation 2019 (Qld), the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), and the Fisheries Declaration 2019 (Qld). The modification made to the declaration, effective from 3 March 2026, extends deadlines for the implementation of risk mitigation recommendations identified in the level 2 assessment and for the review and updating of the Queensland Aquarium Fish Fishery harvest strategy. These adjustments are intended to ensure that the operation continues to meet environmental protection standards and adheres to the risk management requirements set out in the EPBC Act. The geographic scope of this legislation is primarily focused on Queensland, as it pertains to a specific fishery within the state. However, the broader implications of this declaration extend nationally, as it involves compliance with Australia’s obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), which is governed by Part 13A of the EPBC Act.
Key Provisions
The key operative sections of this legislation (F2026N00162) concern the modification of a previous declaration regarding the Queensland Aquarium Fish Fishery. Section 303FT(7)(b) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) allows the Minister to vary the declaration of an approved wildlife trade operation. This particular variation extends the deadlines for implementing risk mitigation recommendations and updating the Queensland Aquarium Fish Fishery harvest strategy. Specifically, the new deadlines are now set for 30 November 2026, as detailed in Schedule 1 of the declaration.
This Act imposes several obligations on the parties involved. The primary obligation falls on the Queensland Department of Agriculture and Fisheries, which must review and update the harvest strategy for the Queensland Aquarium Fish Fishery. This updated strategy must consider the outcomes of the Level 2 Environmental Risk Assessment and manage risks to individual species and ecosystem functions. Furthermore, the department must publish the revised harvest strategy and send a copy to the Department of Climate Change, Energy, the Environment and Water by the new deadline of 30 November 2026. These obligations are designed to ensure that the fishery operates in a sustainable manner, minimising environmental impacts.
Failure to comply with the provisions of this Act can lead to various consequences. While specific offences and penalties are not detailed in the text, breaches of environmental protection legislation can generally result in civil or criminal penalties. These can include fines, imprisonment, or both, depending on the severity of the breach. The exact penalties would be determined by a court in the context of a specific case. Furthermore, the Act provides avenues for review and appeal, allowing those affected by the decision to seek a statement of reasons or apply for independent review through the Administrative Review Tribunal within the specified timeframes.
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. This ensures that any export of species listed in Appendix II of Taxa listed in the CITES Appendices requires a non-detriment finding issued by Australia’s CITES Scientific Authority. This additional layer of regulation helps protect endangered species and ensures that trade is conducted in a manner that does not harm their survival. Information regarding CITES compliance and permits can be obtained from the Department of Climate Change, Energy, the Environment and Water.