Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive protection and management of the environment, including the regulation of wildlife trade. In 2017, the Minister for the Environment and Energy, Josh Frydenberg, approved the South Australian Commercial Kangaroo Management Plan 2018-2022 as an approved wildlife trade management plan under section 303FO of the EPBC Act. This approval followed consideration of public comments and compliance with the necessary legislative requirements. The approval is subject to specific conditions, including adherence to the management plan for harvesting, submission of a quota report by 30 November each year, and an annual report by 31 March each year. The approval is valid from 1 January 2018 until 31 December 2022, providing a structured framework for the commercial management and trade of kangaroos in South Australia within the legislative guidelines of the EPBC Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad range of activities across Australia that may impact on matters of national environmental significance, including threatened species and ecological communities. The approved wildlife trade management plan, specifically the South Australian Commercial Kangaroo Management Plan 2018-2022, applies to entities and individuals involved in the commercial harvesting of kangaroos in South Australia. The approval process under section 303FO of the EPBC Act ensures that the Plan meets stringent environmental standards and that the harvesting is conducted in a sustainable and responsible manner. The geographic reach of this legislation is national, as it pertains to matters that extend beyond state borders, involving Commonwealth oversight. The approval is subject to conditions including adherence to the Plan, submission of annual quota and activity reports, and is valid from 1 January 2018 until 31 December 2022.

Key Provisions

The primary sections of the approved wildlife trade management plan, as declared by the Minister for the Environment and Energy, include the requirement for the harvest of kangaroos to be carried out strictly in accordance with the South Australian Commercial Kangaroo Management Plan 2018-2022 (section 303FT(1)(a)). This means that all activities related to the commercial harvesting of kangaroos must follow the guidelines and protocols established in the Plan. Additionally, the Minister's declaration mandates that a quota report, as specified in Action 10 of the Plan, must be submitted to the Department of the Environment and Energy by 30 November each year (section 303FT(1)(b)). Similarly, an annual report, detailed in Action 26 of the Plan, must be submitted by 31 March each year, covering the previous calendar year (section 303FT(1)(c)). The approval of the Plan is valid from 1 January 2018 until 31 December 2022 (section 303FT(2)). The obligations imposed on the parties or entities governed by this legislation include adherence to the South Australian Commercial Kangaroo Management Plan 2018-2022. This includes ensuring that all commercial kangaroo harvesting activities are conducted in accordance with the Plan, as well as fulfilling the reporting requirements. Specifically, those involved in the commercial kangaroo industry must submit a quota report by 30 November each year and an annual report by 31 March each year. These reports must provide detailed information on the activities and outcomes as specified in the Plan. Failure to comply with the conditions set out in the Minister’s declaration can lead to several consequences. Although the specific offences, penalties, or civil/criminal consequences are not detailed in the text, breaches of wildlife trade management plans under the Environment Protection and Biodiversity Conservation Act 1999 can result in enforcement actions, fines, or other legal penalties. These measures are intended to ensure that the provisions of the approved wildlife trade management plan are strictly followed to protect biodiversity and manage wildlife resources effectively.