COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN
APPROVED WILDLIFE TRADE OPERATION
I, Paul Murphy, Assistant Secretary, Wildlife Trade and Biosecurity, as Delegate of the Minister for the Environment under the Environment Protection and Biodiversity
Conservation Act 1999, am satisfied that an operation to harvest and export avian blood samples for specialised sexing and diagnostic purposes by Molecular Diagnostic Services Australia Pty Ltd, is a small-scale operation as defined by Regulation 9A.20 under subsection 303FN(10). I declare under subsection 303FN(2) that Molecular Diagnostic Services Australia Pty Ltd 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 Molecular Diagnostic Services Australia Pty Ltd.
- The export is limited to blood samples and excludes specimens from any species listed as threatened under the EPBC Act or included on Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
- MDS Australia must abide by the procedure for exporting biological samples as detailed in the Animal Health Committee document – Policy for the Transfer of Biological Specimens to Overseas Laboratories for Infectious and Parasitic Disease Testing.
- Initially only specimens from the list of species approved under the Wildlife Trade Operation are eligible for export permit application. Additional species may only be exported with the prior approval of the Department of the Environment and Energy.
- Accurate records must be maintained and kept up-to-date. If requested, records will be made available to the Department of the Environment and Energy.
- An annual report must be submitted to Wildlife Trade Assessments section, Department of the Environment and Energy by 30 June each year and detail
a) The number of blood samples from each species collected in the previous 12 months
b) The number of blood samples from each species exported in the previous 12 months.
7. This declaration is valid for three years from the date of registration on the Federal Register of Legislation.
8.
Dated this ....13th...... day of ....December ... 2016
Approved
..................................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 enquiries should be directed to the Director, Wildlife Trade Assessments Section, Department of the Environment and Energy, Email: wta@environment.gov.au, Telephone: (02) 6274 1900 (options 2).
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance, and to facilitate ecologically sustainable development through the conservation and ecologically sustainable use of natural resources. This legislation was introduced to address the need for a comprehensive regulatory framework that ensures the protection of the environment and biodiversity while also considering the impacts of proposed actions on various environmental factors. The Act is administered by the Commonwealth Parliament and includes provisions for the assessment and approval of activities that may impact the environment, including wildlife trade operations. The policy objective of the Act is to safeguard Australia's unique biodiversity and ecosystems while enabling economic activities that are consistent with sustainable development principles. The declaration of an approved wildlife trade operation, such as the one for Molecular Diagnostic Services Australia Pty Ltd, ensures that small-scale operations are conducted in a manner that complies with environmental protection standards and regulations.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a variety of entities, including individuals and corporations, involved in wildlife trade and biodiversity conservation activities within Australia and its territories. In this specific case, the declaration pertains to Molecular Diagnostic Services Australia Pty Ltd, an approved wildlife trade operation that is authorised to harvest and export avian blood samples for specialised sexing and diagnostic purposes. The operation is recognised as a small-scale activity under Regulation 9A.20 of the EPBC Act, which exempts it from certain stringent requirements. However, the operation is subject to several conditions, including adherence to the proposal submitted, maintaining accurate records, and submitting an annual report to the Department of the Environment and Energy. The declaration is also subject to jurisdictional reach and geographic limitations, being applicable to activities carried out within Australian borders and adhering to international conventions such as CITES. Furthermore, the operation must strictly follow the Animal Health Committee’s policy for exporting biological samples. The declaration is valid for three years and can be reviewed or appealed within specified timeframes by affected parties or through the Administrative Appeals Tribunal.
Key Provisions
The main operative sections of this declaration (section 303FN) under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) pertain to the approval of a small-scale wildlife trade operation by Molecular Diagnostic Services Australia Pty Ltd. This operation is specifically for the harvest and export of avian blood samples for specialised sexing and diagnostic purposes. The declaration confirms that the operation meets the criteria for being classified as small-scale as defined by Regulation 9A.20 under subsection 303FN(10) of the Act. The operation is subject to several conditions, including that it adheres to the proposal submitted by the company, does not involve specimens from species listed as threatened under the EPBC Act or on Appendix I of CITES, and follows the procedure for exporting biological samples as outlined in the Animal Health Committee document.
The obligations imposed on Molecular Diagnostic Services Australia Pty Ltd include maintaining accurate and up-to-date records of the blood samples collected and exported, making these records available to the Department of the Environment and Energy upon request, and submitting an annual report by 30 June each year detailing the number of blood samples collected and exported in the previous 12 months. The company is also required to ensure that only specimens from species approved under the Wildlife Trade Operation are eligible for export permit applications, with additional species requiring prior approval from the Department of the Environment and Energy.
Breach of the conditions set out in the declaration may result in civil and criminal consequences. The EPBC Act provides for various offences and penalties, which can include fines and imprisonment. For example, failure to comply with the conditions of the declaration could lead to enforcement actions, including potential criminal charges under section 84 of the Act, which carries a maximum penalty of up to five years imprisonment or fines up to $330,000 for individuals and $1.65 million for bodies corporate, depending on the severity of the breach. The Act also provides for civil penalties under section 474, which can include fines of up to $660,000 for individuals and $3.3 million for bodies corporate. Additionally, the Act may allow for the revocation of the approval of the wildlife trade operation if the conditions are not met.