Declaration of an Approved Wildlife Trade Operation – Victorian Oceanreef Aquaculture, March 2025

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the need for a comprehensive framework for protecting Australia’s environment, including its biodiversity and heritage, from significant impacts caused by activities, developments, and other matters. The Act provides a mechanism for the assessment and approval of activities that may have a significant impact on matters of national environmental significance, including listed threatened species and ecological communities, World Heritage properties, and other areas of high conservation value. The policy objective of the Act is to promote the ecologically sustainable use of natural resources while protecting the environment and heritage of Australia. This notifiable instrument, declared under section 303FN of the EPBC Act, recognises the operations of Victorian Oceanreef Aquaculture for the harvesting of weedy seadragons (Phyllopteryx taeniolatus) as an approved wildlife trade operation, provided they comply with the specified conditions and exclusions. The declaration acknowledges the ecological sustainability of the operation, as assessed by the Director, Sustainable Fisheries Section, on behalf of the Minister for the Environment and Water. The instrument is subject to review and appeal processes, and the operation must adhere to the conditions outlined in the attached Schedule 1, including compliance with relevant Victorian fisheries legislation and reporting requirements.

Scope and Application

The declaration issued under section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) pertains specifically to the operations of Victorian Oceanreef Aquaculture, focusing on the harvesting of specimens derived from weedy seadragons (Phyllopteryx taeniolatus). This approval applies to the operations of Oceanreef Aquaculture, ensuring they comply with the EPBC Act by adhering to the management regime defined under the Fisheries Act 1995 (Vic) and Fisheries Regulations 2019 (Vic). This declaration explicitly excludes specimens that are part of taxa listed under section 209 of the EPBC Act (Australia’s List of Migratory Species), section 248 (Australia’s List of Marine Species) except for the weedy seadragon, eligible listed threatened species as defined under section 303BC, and taxa listed under section 303CA (Australia’s CITES List). The declaration is valid until 24 March 2028 and is subject to specific conditions outlined in Schedule 1, which include compliance with Victorian fisheries permits, notification of any changes to permits or relevant legislation to the Department of Climate Change, Energy, the Environment and Water, and the submission of annual reports. This decision can be reviewed under the Administrative Appeals Tribunal Act 1975.

Key Provisions

The key provision of this notifiable instrument is the declaration by the Delegate of the Minister for the Environment and Water, Jessica Hoey, under section 303FN(2) and 303FN(10)(d) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), recognising Oceanreef Aquaculture’s operations for the harvesting of specimens of weedy seadragons (Phyllopteryx taeniolatus) as an approved wildlife trade operation (section 303FN). This declaration is subject to several exclusions, including specimens that belong to taxa listed under specific sections of the EPBC Act, such as Australia’s List of Migratory Species (section 209), Australia’s List of Marine Species (section 248), eligible listed threatened species (section 303BC), and Australia’s CITES List (section 303CA). The declaration is valid until 24 March 2028 and is contingent upon the conditions outlined in Schedule 1 of the instrument. The obligations and requirements imposed on Oceanreef Aquaculture by this Act include adhering to the permits issued by the Victorian Fisheries Authority under the Fisheries Act 1995 (Vic) and the Fisheries Regulations 2019 (Vic) (Condition 1). They must also notify the Department of Climate Change, Energy, the Environment and Water of any changes to their permits or management arrangements that could affect the EPBC Act decision (Condition 2). Furthermore, Oceanreef Aquaculture is required to inform the Department of any intended changes to fisheries legislation that may impact the legislative instruments relevant to this approval (Condition 3). Annual reporting of their operations to the Department by 20 November is also mandated, following the guidelines set out in Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition (Condition 4). Additionally, wild-caught and cultured syngnathids must not be returned to the wild (Condition 5). Breaches of the obligations and requirements outlined in this Act may result in civil or criminal consequences. While specific penalties are not detailed in the text, breaches of the EPBC Act can generally lead to substantial fines and, in severe cases, imprisonment. The exact penalties would depend on the nature and severity of the breach and would be determined by the relevant authorities. Parties affected by the decision may seek a statement of reasons or apply for independent review through the Administrative Appeals Tribunal under the Administrative Appeals Tribunal Act 1975.