Federal Register of Legislation - Australian Government

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This instrument declares the harvest of Tridacna maxima by Tycraft Pty Ltd, in the waters of the Cocos (Keeling) Islands, as an approved Wildlife Trade Operation.
Administered by: Environment and Energy
Registered 29 Apr 2016
Date ceased to have effect 19 Apr 2019
Ceased by Self Ceasing

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, have considered in accordance with section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) the application from Tycraft Pty Ltd, public comments on the proposal as required under section 303FR and advice on the ecological sustainability of the operation. I am satisfied on those matters specified in section 303FN of the EPBC Act. I hereby declare the operation for the harvest of Tridacna maxima from the waters of the Cocos (Keeling) Islands by Tycraft Pty Ltd in accordance with the Instrument of Exemption (No. 2737) under section 7(2) (e) of the Fish Resources Management Act 1994 (WA) (CKI), to be an approved wildlife trade operation in accordance with section 303FN (2) and paragraph 303FN (10) (b), for the purposes of the EPBC Act.

 

Unless amended or revoked, this declaration:

a)             is valid until 19 April 2019 and;

b)             is subject to the conditions applied under section 303FT specified in the Schedule.

 

 

Dated this       27th     day of  April    2016

 

 

 

 

………….…….……Paul Murphy………………………

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 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 $861 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, Sustainable Fisheries Section, Department of the Environment, Telephone: (02) 6274 1917 Email: sustainablefisheries@environment.gov.au.


SCHEDULE

 

Declaration of the Harvest Operations of Tridacna maxima by Tycraft Pty Ltd in the waters of the Cocos (Keeling) Islands as an approved Wildlife Trade Operation, April 2016

 

ADDITIONAL PROVISIONS (section 303FT)

 

Relating to the harvesting of fish specimens that are, or are derived from, fish or invertebrates, other than specimens of species listed under Part 13 of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), taken by Tycraft Pty Ltd in the waters of the Cocos (Keeling) Islands:

 

1.      Operation of Tycraft Pty Ltd will be carried out in accordance with the management regime under the Fish Resources Management Act 1994 (WA) (CKI) and the Instrument of Exemption (No 2737) under Section 7(2) (e) of this act, signed on 18 March 2016.

2.      Tycraft Pty Ltd to inform the Department of the Environment of any material changes to the legislated permit conditions that may affect the assessment against which Environment Protection and Biodiversity Conservation Act 1999 decisions are made.

3.      Tycraft Pty Ltd to produce and present reports to the Department of the Environment annually as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition.  These reports must be provided to the Department by 30 September each year. The reports must include:

·         the number of Tridacna maxima harvested from the wild for broodstock

·         details of any mortalities of broodstock

·         results of mating and rearing trials and the number of specimens reared, lost through brood mortality, numbers sold and those held as stock.