COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
Approved Wildlife Trade Operation (Australian Insect Farm) Declaration 2018
I, Paul Murphy, Assistant Secretary, Wildlife Trade and Biosecurity, as Delegate of the Minister for the Environment and Energy under the Environment Protection and Biodiversity Conservation Act 1999, am satisfied that an operation to harvest and export Australian native invertebrates by the Australian Insect Farm, is a small-scale operation as defined by regulation 9A.20(2) under subsection 303FN(10)(b). I declare under subsection 303FN(2) that the Australian Insect Farm is an approved wildlife trade operation.
This declaration has effect subject to the following conditions applied under S303FT:
- The operation is undertaken in accordance with the proposal submitted by the Australian Insect Farm and lodged on 28 March 2018.
- Harvest is restricted to taxa specified in the schedule supplied by the Australian Insect Farm as part of their proposal. Additional taxa can be exported only on application and after approval from the Department of Environment and Energy.
- Only specimens from taxa that have been named and described in a scientific publication can be exported.
- This declaration is valid for three years from the date of registration on the Federal Register of Legislation.
- Accurate records must be kept up-to-date and include all information necessary for the reporting outlined in condition 6.
- An annual report must be provided to the Department of the Environment and Energy as per Section 8 of the proposal.
Dated this .......29th..... day of .......June.................. 2018
....Paul Murphy......................
Delegate of the Minister for the Environment and Energy
A person whose interests are affected by this declaration may, within 28 days, make an application in writing to the Department of the Environment and Energy 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 $884 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 inquiries should be directed to the Director, Wildlife Trade Assessments Section, Department of the Environment and Energy by email wta@environment.gov.au or telephone (02) 6274 1900 (option 2).
Note: The name of this instrument was amended on registration as the instrument as lodged did not have a unique name (see subsection 10(2), Legislation Rule 2016).
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (the "EPBC Act") was enacted by the Australian Parliament to address the protection of the environment and biodiversity, including the regulation of wildlife trade. In 2018, the Approved Wildlife Trade Operation (Australian Insect Farm) Declaration was issued under the EPBC Act to provide a regulatory framework for the Australian Insect Farm to harvest and export Australian native invertebrates. This declaration, made by Paul Murphy, the Assistant Secretary, Wildlife Trade and Biosecurity, as the Delegate of the Minister for the Environment and Energy, recognises the operation as a small-scale one and imposes specific conditions to ensure compliance with the proposal, including restrictions on the taxa harvested, the requirement for accurate record-keeping, and the submission of an annual report to the Department of Environment and Energy. This declaration aims to balance environmental protection with the sustainable trade of native species, subject to the conditions outlined in the declaration.
Scope and Application
The Approved Wildlife Trade Operation (Australian Insect Farm) Declaration 2018 applies to the Australian Insect Farm, a specific entity authorised to undertake the harvest and export of Australian native invertebrates under the Environment Protection and Biodiversity Conservation Act 1999. This declaration permits the operation to proceed under certain conditions, including adherence to the proposal submitted by the farm and the restriction of harvests to taxa specified in the schedule provided by the farm. The operation is subject to strict guidelines that ensure only scientifically named and described specimens can be exported, and any additional taxa must be approved by the Department of Environment and Energy. The geographic scope of this legislation is national, as it falls under the Commonwealth of Australia's purview. There are no stated exclusions, but the operation is subject to annual reporting and must maintain accurate records as stipulated. The declaration's validity is limited to three years, after which it may be subject to renewal or re-assessment. Subordinate instruments may further extend or restrict the application of this declaration, providing additional regulatory detail and oversight mechanisms.
Key Provisions
The key sections of the Approved Wildlife Trade Operation (Australian Insect Farm) Declaration 2018 under the Environment Protection and Biodiversity Conservation Act 1999 establish that the Australian Insect Farm's operation to harvest and export Australian native invertebrates is recognised as a small-scale operation (s303FN(10)(b)). The Delegate of the Minister for the Environment and Energy, Paul Murphy, has declared this operation to be an approved wildlife trade operation, subject to certain conditions (s303FT). These conditions include adherence to the proposal submitted by the Australian Insect Farm, restriction of the harvest to specified taxa, the requirement for taxa to be scientifically named and described, and the necessity for accurate record-keeping and annual reporting to the Department of the Environment and Energy.
Under this legislation, the Australian Insect Farm is required to operate strictly in accordance with the submitted proposal. This includes following the detailed specifications regarding the taxa of insects that can be harvested and exported, with additional taxa requiring separate application and approval from the Department of Environment and Energy. The operation must ensure that all exported specimens belong to taxa that have been named and described in scientific publications. Moreover, the farm must maintain precise and current records, providing all necessary information for the required reporting. An annual report must be submitted to the Department of the Environment and Energy, as outlined in Section 8 of the proposal.
Failure to comply with the conditions set forth in this declaration may lead to various consequences. Breaches of the Act could result in civil or criminal penalties. The specific offences and penalties are detailed in the Environment Protection and Biodiversity Conservation Act 1999, though the declaration itself does not specify the exact penalties for non-compliance with these conditions. Additionally, affected parties have the right to seek reasons for the decision within 28 days or apply for an independent review by the Administrative Appeals Tribunal within the same period. There is also the option to request access to documents related to the decision under the Freedom of Information Act 1982.