Overview

The Approved Developmental Wildlife Trade Operation (Victorian Kangaroo Pet Food Trial) Declaration 2018 was enacted to address the need for a controlled trial of kangaroo pet food trade in Victoria. This initiative was introduced by the Commonwealth of Australia under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The policy objective behind this legislation is to allow for a trial of the pet food trade under strict conditions to assess its environmental impact and to ensure that the trade is conducted in a humane and sustainable manner. The trial is overseen by the Minister for the Environment and Energy, and it mandates that the Department of Environment, Land, Water and Planning monitor kangaroo populations and submit annual reports to the Department of Environment and Energy, detailing the number of kangaroos processed, compliance statistics, and humane killing declarations. The approval for this trial operation is valid until 31 March 2019, with provisions for possible extensions under identical terms.

Scope and Application

The Approved Developmental Wildlife Trade Operation (Victorian Kangaroo Pet Food Trial) Declaration 2018 applies to the Kangaroo Pet Food Trial Developmental Wildlife Trade Operation Plan, which is intended to allow the trial of a specific wildlife trade operation within the state of Victoria, Australia. This trial is primarily concerned with the humane harvesting of kangaroos for the purpose of producing pet food, under strict conditions and regulatory oversight. The declaration is issued under the authority of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) by the Minister for the Environment and Energy, in this case, Josh Frydenberg. The trial is subject to stringent conditions including adherence to the approved operation plan, annual reporting requirements, and a cap on the number of kangaroos that can be harvested and exported each year, set at 100,000. The operation is overseen by the Department of Environment, Land, Water and Planning, which is responsible for implementing the trial and submitting annual reports to the Department of Environment and Energy. This declaration is in effect until 31 March 2019, with the possibility of extension provided that the terms remain unchanged.

Key Provisions

The approved developmental wildlife trade operation pertains to the Kangaroo Pet Food Trial Developmental Wildlife Trade Operation Plan (s. 303FN). The primary requirement is that the operation must adhere to this specific plan (s. 303FT(a)). The trial is permitted to process a maximum of 100,000 kangaroos annually (s. 303FT(b)). The Department of Environment, Land, Water and Planning must inform the Department of the Environment and Energy of any changes to Victorian kangaroo management arrangements that could affect the assessment (s. 303FT(c)). Additionally, an annual report detailing the number of kangaroos processed, compliance statistics, and a declaration of humane killing practices must be submitted by 30 June each year (s. 303FT(d)). The obligations under this Act are primarily placed upon the Department of Environment, Land, Water and Planning. They must ensure that the operation follows the specified plan and report any significant changes in kangaroo management arrangements to the relevant federal department. Furthermore, they must submit an annual report that includes detailed statistics on kangaroo processing and compliance with humane killing standards. These reports are crucial for maintaining transparency and accountability regarding the trial’s impact on kangaroo populations and trade practices. Any breach of the conditions stipulated in the approved plan could lead to serious consequences. The Act does not specify penalties for breaches, but any failure to comply with the requirements could result in legal action. This might include revocation of the operation's approval, fines, or other civil or criminal penalties as deemed appropriate by the relevant authorities. The absence of explicit penalties in the text suggests that breaches would be handled under the broader provisions of the EPBC Act, which may involve substantial fines and imprisonment for serious violations.