Approved Wildlife Trade Management Plan (Queensland Crocodile Farming 1 January 2018–31 December 2022) Declaration 2017

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the need for comprehensive environmental protection and biodiversity conservation measures across Australia. This legislation was introduced to provide a cohesive framework for managing environmental impacts and conserving biodiversity. The Approved Wildlife Trade Management Plan (Queensland Crocodile Farming 1 January 2018–31 December 2022) Declaration 2017 is a notifiable instrument approved under this Act, aimed at regulating the trade of wildlife, specifically focusing on the farming of estuarine crocodiles in Queensland. The Minister for the Environment and Energy, Josh Frydenberg, declared this plan as approved, subject to certain conditions, to ensure that the commercial farming activities are conducted sustainably and in compliance with the Act. The declaration is effective from 1 January 2017 until 31 December 2022, unless amended or revoked.

Scope and Application

The Approved Wildlife Trade Management Plan (Queensland Crocodile Farming 1 January 2018–31 December 2022) Declaration 2017 applies specifically to the commercial farming of estuarine crocodiles in Queensland within the timeframe of 1 January 2018 to 31 December 2022. This legislation falls under the auspices of the Environment Protection and Biodiversity Conservation Act 1999, and it mandates that any commercial farming activities involving estuarine crocodiles must adhere strictly to the provisions outlined in the approved management plan. The geographic reach of this Act is confined to Queensland, although it also imposes requirements on the sourcing of eggs and young crocodiles, which must originate from sources approved under the Commonwealth's Environment Protection and Biodiversity Conservation Act 1999, potentially extending its influence beyond state borders if such sources are located in the Northern Territory. The declaration includes specific conditions such as the obligation for an annual report submission to the Department of the Environment and Energy by 30 June each year, covering the previous calendar year, and the necessity for crocodile eggs and young to be sourced from approved Northern Territory origins. The declaration does not explicitly mention exclusions or exemptions but implies that non-compliance with the stipulated conditions could result in revocation or amendment of the approval. The application of the Act may be extended or restricted through subordinate instruments, as indicated by the conditions attached to the approval.

Key Provisions

The main sections of the Approved Wildlife Trade Management Plan (Queensland Crocodile Farming 1 January 2018–31 December 2022) Declaration 2017 establish that the Plan is an approved wildlife trade management plan under the Environment Protection and Biodiversity Conservation Act 1999, with specific conditions to be adhered to (section 303FT). The commercial farming of crocodiles must strictly follow the guidelines outlined in the Plan. Additionally, any eggs or young crocodiles sourced from the Northern Territory must come from a source approved under the Act (section 303FT). Furthermore, an annual report, covering the previous calendar year, must be submitted to the Department of the Environment and Energy by 30 June each year (section 3.4 of the Plan). The obligations imposed by this Act on the parties involved include ensuring that all commercial farming activities comply with the approved Plan. This involves adherence to the stipulated practices and protocols for the farming and management of crocodiles. It is also mandatory for the Plan to specify the sources from which eggs and young crocodiles can be obtained, ensuring they are from approved sources in the Northern Territory. Moreover, the requirement to submit an annual report by 30 June each year is a crucial obligation, as it allows for the monitoring and review of compliance and performance against the Plan’s objectives. In the event of non-compliance with the conditions set forth in the approved Plan, there are potential civil and criminal consequences. While the specific penalties are not detailed in the provided text, breaches of the Environment Protection and Biodiversity Conservation Act 1999 can result in substantial penalties. These can include fines and, in serious cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any relevant provisions of the Act and associated regulations. The overarching aim of these consequences is to enforce compliance and protect the integrity of the wildlife trade management plan.