Declaration of an Approved Wildlife Trade Operation – Queensland Commercial Crayfish and Rock Lobster Fishery, August 2025

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with regard to matters of national environmental significance. This Act aims to address environmental issues and impacts resulting from various activities, including wildlife trade operations, by ensuring they are ecologically sustainable and managed in a manner that preserves biodiversity. The EPBC Act empowers the Minister for the Environment and Water to delegate certain functions, including the declaration of approved wildlife trade operations. This legislative framework was introduced to fill the gap in comprehensive environmental protection and biodiversity conservation laws in Australia. The Parliament of Australia enacted the EPBC Act with the overarching policy objective of safeguarding the nation's biodiversity and ensuring that development and resource use are balanced with environmental conservation. In August 2025, Jessica Hoey, the Director of Sustainable Fisheries acting as the delegate of the Minister for Environment and Water, declared the Queensland Commercial Crayfish and Rock Lobster Fishery as an approved wildlife trade operation under the EPBC Act. This declaration aims to ensure that the fishery's operations comply with the necessary environmental standards and management practices, excluding certain protected species listed under the Act. The declaration is subject to specific conditions outlined in Schedule 1, which include provisions for annual reporting and stock assessments to ensure the sustainable management of the fishery.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the Queensland Commercial Crayfish and Rock Lobster Fishery as declared in this notifiable instrument. This declaration by the Director, Sustainable Fisheries, designates the operations for the harvesting of specimens from the fishery as an approved wildlife trade operation under the EPBC Act. The declaration applies to specimens that are or are derived from fish or invertebrates, taken in the fishery as defined under the relevant Queensland fisheries legislation. However, it excludes specimens that are listed under Australia’s List of Migratory Species, Australia’s List of Marine Species, eligible listed threatened species, or Australia’s CITES List. The declaration operates nationally, as it pertains to the management and sustainable use of wildlife under Commonwealth legislation. Unless amended or revoked, the declaration is valid until 28 August 2028 and is subject to conditions outlined in Schedule 1, which include the requirement for annual reporting to the Department of Climate Change, Energy, the Environment and Water and the provision of a stock assessment for the ornate rock lobster by 1 February 2028. The declaration also extends its application through subordinate instruments, as it references various Queensland fisheries legislation and regulations.

Key Provisions

The main operative sections of this declaration, issued under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), establish the Queensland Commercial Crayfish and Rock Lobster Fishery as an approved wildlife trade operation (sections 303FN and 303FT). This operation is specifically defined and excludes certain specimens such as those listed under sections 209, 248, and 303CA of the EPBC Act, which pertain to Australia's List of Migratory Species, List of Marine Species, and CITES List, respectively. The operation is also exempt from certain listed threatened species as per section 303BC of the EPBC Act. This declaration, effective from 28 August 2025, remains valid until 28 August 2028 unless altered or revoked and is contingent upon the conditions outlined in Schedule 1. The obligations imposed by this declaration require the Queensland Department of Primary Industries (Qld DPI) to adhere to several statutory provisions and guidelines. Firstly, Qld DPI must manage the fishery in accordance with the Fisheries Act 1994 (Qld), the Fisheries (General) Regulation 2019 (Qld), the Fisheries (Commercial Fisheries) Regulation 2019 (Qld), the Fisheries Declaration 2019 (Qld), the Fisheries Quota Declaration 2019 (Qld), and the Great Barrier Reef Marine Park Regulations 2019 (Cth). Annual reporting to the Department of Climate Change, Energy, the Environment and Water is mandated, with a focus on species-specific harvest data, including discards for any species listed under CITES. Additionally, any changes to legislative instruments or management arrangements that could impact the export approval basis must be communicated promptly to the department. To ensure sustainable management of the ornate rock lobster stock, Qld DPI must provide a contemporary stock estimate by 1 February 2028, inclusive of ongoing data collection and assessment needs, and publish a stock assessment for the Queensland component. Breach of the obligations and conditions set forth in this declaration may lead to various consequences. Under the EPBC Act, non-compliance with the requirements to report or provide data could result in administrative actions or penalties. While specific penalties are not detailed in the declaration, general provisions within the EPBC Act allow for fines and other enforcement actions for breaches. Additionally, failure to manage the fishery sustainably or to provide accurate and timely stock assessments could undermine the ecological sustainability of the fishery and may invite further scrutiny or revocation of the approval. Parties affected by any decision under this declaration have the right to seek a statement of reasons or an independent review under the Administrative Review Tribunal Act 2024.