COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION (SMALL SCALE) FOR HINTERNOOSA HATCHERY LUNGFISH, QUEENSLAND, MAY 2021
I, LAURA TIMMINS, Senior Director, Wildlife Trade Office, 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 Hinternoosa Hatchery is an approved wildlife trade operation (Small scale)
as defined by subsection 303FN(10)(b) and Regulation 9A.20(2) for Neoceratodus forsteri (Australian Lungfish) from the date of registration on the Federal Register of Legislation
until 23 April 2024.
This declaration has effect subject to the following conditions applied under S303FT:
- Hinternoosa Hatchery 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 11 March 2021.
- Hinternoosa Hatchery 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 2012BI0453 (31 May 2012) and EPPR01436313 (12/8/2013).
- 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 a Queensland Department of Agriculture and Fisheries General Fisheries permit 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 for all specimens of Australian lungfish exported, must be provided to the Department of Agriculture, Water and the Environment in the annual report (refer to condition 6 of this declaration).
- Hinternoosa Hatchery must provide an annual report to the Department of Agriculture, Water and the Environment by 31 April each year. The annual report must include
production numbers, specimens sold, specimens exported and those retained onsite at Hinternoosa’s approved aquaculture facility as per the section entitled ‘Reporting’ in the proposal document.
The report must include for each Australian lungfish exported their PIT tag (or alternative marking system approved by the Department of Agriculture, Water and the Environment) numbers and their size (length and weight).
Dated this 5th day of May 2021
Laura Timmins
......................................................................
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 $1,826 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 inquiries should be directed to the Director, Wildlife Trade Assessments Section, Department of Agriculture, Water and the Environment, by email wta@awe.gov.au or telephone (02) 6274 1900 (option 2).
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. It was introduced to address the need for a comprehensive framework to manage the impacts of developments and activities on the environment, including biodiversity, and to ensure that these impacts are properly assessed and mitigated. The Act is administered by the Commonwealth Parliament and aims to promote ecologically sustainable development by protecting and conserving Australia's biodiversity and natural heritage. This declaration under the EPBC Act recognises Hinternoosa Hatchery as an approved wildlife trade operation for the small-scale trade of Neoceratodus forsteri, commonly known as the Australian lungfish, subject to specific conditions aimed at ensuring the sustainability and conservation of the species.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the declaration of approved wildlife trade operations, including those of smaller scales such as Hinternoosa Hatchery's trade in the Hinternoosa Hatchery Lungfish, Neoceratodus forsteri, in Queensland. This declaration, made by Laura Timmins as a delegate of the Minister for the Environment, applies specifically to Hinternoosa Hatchery and its trade of Australian lungfish from the date of registration on the Federal Register of Legislation until 23 April 2024. The operation must adhere to specific conditions, such as maintaining the broodstock and their progeny in a closed controlled environment and ensuring all exported specimens are tagged with a passive integrated transponder tag or an alternative approved marking system. Annual reporting requirements are also stipulated, including details on production numbers, specimens sold, exported, and retained on-site. The declaration is subject to independent review by the Administrative Appeals Tribunal and is available for scrutiny under the Freedom of Information Act 1982.
Key Provisions
The main operative sections of this notifiable instrument concern the declaration of Hinternoosa Hatchery as an approved wildlife trade operation (Small Scale) for the purposes of exporting Australian Lungfish, or Neoceratodus forsteri. This approval is issued under section 303FN of the Environment Protection and Biodiversity Conservation Act 1999, and is subject to specific conditions as outlined in the declaration. Section 303FN(3), (4) and (5) stipulate the requirements for such a declaration, which in this case includes the operation being conducted in a closed controlled environment, with all broodstock and progeny kept in compliance with relevant aquaculture regulations. Additionally, any changes to the management arrangements must be reported to the Department of Agriculture, Water and the Environment, and all exported fish must be first-generation or subsequent progeny from the approved broodstock, and fitted with a PIT tag or an approved alternative marking system.
Under this Act, Hinternoosa Hatchery is required to operate in compliance with the approved management regime and to inform the Department of any material changes that may affect the assessment of the operation against the criteria of the Environment Protection and Biodiversity Conservation Act 1999. Furthermore, the operation must adhere to the specific conditions set forth in the declaration, such as maintaining a closed controlled environment for all broodstock and progeny, and ensuring that all exported fish are tagged and their details recorded in the annual report. The hatchery must also submit an annual report to the Department of Agriculture, Water and the Environment by 31 April each year, detailing production numbers, sales, exports, and retentions, as well as the PIT tag numbers and size of each exported fish.
Failure to comply with the conditions set out in this declaration may result in various consequences. While the specific penalties are not detailed in the text, breaches of the Environment Protection and Biodiversity Conservation Act 1999 can generally lead to both civil and criminal penalties. Civil penalties can include fines and orders for remediation, while criminal penalties may include imprisonment and fines, depending on the severity and nature of the breach. Additionally, individuals or entities affected by the declaration have the right to seek reasons for the decision from the Department of Agriculture, Water and the Environment, and may apply for an independent review by the Administrative Appeals Tribunal if they are dissatisfied with the outcome.