Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. This Act was introduced to address the need for a comprehensive framework to protect and manage Australia’s biodiversity and heritage. The Queensland Commercially Harvested Macropods 2018–22 Approved Wildlife Trade Management Plan (the Plan) was approved under section 303FO of the Act to manage the commercial harvesting of macropods in Queensland, ensuring it is carried out sustainably and in compliance with environmental standards. The Minister for the Environment and Energy, Josh Frydenberg, declared the Plan as approved, having considered public comments and satisfied statutory requirements, with the policy objective of balancing commercial interests with conservation needs. This approval, effective from 1 January 2018 until 31 December 2022, includes specific conditions such as adherence to the Plan, and the submission of annual quota and management reports to the Department of the Environment and Energy.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 governs the management and conservation of wildlife and their habitats, including the regulation of wildlife trade. Under this Act, the Queensland Commercially Harvested Macropods 2018–22 Plan has been approved as a wildlife trade management plan. This Plan applies to entities and individuals involved in the commercial harvesting of macropods in Queensland, focusing on ensuring that such activities are conducted in an environmentally sustainable manner. The declaration, made by the Minister for the Environment and Energy, imposes specific conditions on the harvest, such as adherence to the Plan, submission of quota and annual reports to the Department of the Environment and Energy, and establishes the approval period from 1 January 2018 to 31 December 2022. The geographic reach of this Act is national, extending to all commercial harvesting activities of macropods within Queensland, and is subject to amendment or revocation through subordinate instruments, such as additional regulations or conditions set by the Minister.

Key Provisions

The main operative sections of this legislation pertain to the approval of the Queensland Commercially Harvested Macropods 2018–22 (the Plan) as an approved wildlife trade management plan under the Environment Protection and Biodiversity Conservation Act 1999. The declaration, made by the Minister for the Environment and Energy, recognises the Plan's compliance with the necessary requirements and conditions specified in section 303FO of the Act. The approval is effective from 1 January 2018 until 31 December 2022, unless amended or revoked. The Plan must be adhered to, and specific reports must be submitted to the Department of the Environment and Energy annually: a quota report by 30 November each year and an annual report by 31 March each year, covering the previous calendar year. The obligations and requirements imposed by this legislation on the parties governed by the Plan are primarily focused on the implementation of the Plan's provisions. The harvest of commercially harvested macropods must be carried out strictly in accordance with the Plan, ensuring that all activities related to the harvest are managed sustainably and in line with the approved guidelines. Additionally, the Plan mandates the submission of a quota report by 30 November each year and an annual report by 31 March each year. These reports must provide comprehensive information on the activities undertaken, the outcomes achieved, and any other relevant data that demonstrate compliance with the Plan's objectives and the overarching environmental protections stipulated by the Act. The legislation also outlines consequences for breaches of the approved Plan and the associated reporting requirements. While the specific penalties for non-compliance are not detailed within the text of the declaration itself, the Environment Protection and Biodiversity Conservation Act 1999 provides a framework for potential civil and criminal sanctions. Typically, breaches of the Act can result in substantial fines for individuals and corporations, and in severe cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any precedents set by previous cases. It is essential for parties governed by the Plan to adhere to the stipulated conditions to avoid any legal repercussions.