Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) is foundational legislation aimed at protecting Australia's biodiversity and environmental heritage by regulating activities that may impact on matters of national environmental significance. The approved wildlife trade operation concerning South Pacific Taxidermy Pty Ltd, declared in 2020, addresses a specific gap in the regulation of small-scale commercial export of preserved taxidermy specimens. This notifiable instrument, issued under the authority of the Minister for the Environment, aims to ensure that such activities are conducted in compliance with relevant environmental protection and wildlife trade laws, while also providing a regulatory framework that balances conservation objectives with legitimate commercial interests. The approved operation is subject to conditions set out in the Schedule, including adherence to the proposal submitted by the business, maintaining necessary licensing, and record-keeping requirements, as well as specific exclusions for endangered and threatened species. The declaration was made by the delegate of the Minister for the Environment, following public consultation and consideration of the potential environmental impacts, thus reflecting the policy objective of managing wildlife trade in a manner that protects biodiversity while allowing for sustainable commercial activities.

Scope and Application

The Approved Wildlife Trade Operation (South Pacific Taxidermy Pty Ltd—Small-scale Export of Taxidermy Specimens) Declaration 2020 pertains specifically to the small-scale commercial export of preserved taxidermy specimens by South Pacific Taxidermy Pty Ltd of Melbourne, Victoria. The declaration, made under the authority of the Environment Protection and Biodiversity Conservation Act 1999 (Cth), recognises the operation as an approved small-scale wildlife trade operation. The declaration applies to the business entity South Pacific Taxidermy Pty Ltd and is subject to a three-year period from the date of publication, contingent on compliance with the conditions outlined in the attached Schedule. This includes adherence to the proposal submitted by the company, maintaining a valid Commercial Wildlife (Wildlife Taxidermist) Licence issued by the Victorian Department of Environment, Land, Water and Planning, and ensuring records are kept and made available as required. Notably, the operation excludes any species listed on Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and all species listed as threatened under the EPBC Act. This declaration serves to regulate and monitor the specified wildlife trade activities of South Pacific Taxidermy Pty Ltd within the defined parameters.

Key Provisions

The Approved Wildlife Trade Operation (South Pacific Taxidermy Pty Ltd—Small-scale Export of Taxidermy Specimens) Declaration 2020 (the Declaration) sets out the conditions under which South Pacific Taxidermy Pty Ltd can commercially export preserved taxidermy specimens of native Australian wildlife and non-native exotic species. This is pursuant to section 303FT of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (the EPBC Act). The operation is approved for a period of three years, provided the conditions in the Schedule to the Declaration are met (section 1(2)). The primary obligations imposed on South Pacific Taxidermy Pty Ltd include adhering to the proposal submitted by Mr Gary Pegg on 13 March 2020 (Schedule, Condition 1). Mr Gary Pegg must also hold a current Commercial Wildlife (Wildlife Taxidermist) Licence issued by the Victorian Department of Environment, Land, Water and Planning in accordance with the Victorian Wildlife Act 1975 and Section 52 of the Victorian Wildlife Regulations 2013 (Schedule, Condition 2). Additionally, accurate records must be maintained and kept up-to-date, and these records must be made available to the Department of Agriculture, Water and the Environment upon request (Schedule, Condition 3). Certain species are excluded from this operation, including those listed on Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and those listed as threatened under the EPBC Act (Schedule, Condition 4). Failure to comply with the conditions outlined in the Declaration could result in various legal consequences. Although the Declaration does not explicitly state the penalties for non-compliance, breaches of the EPBC Act can lead to civil and criminal penalties. Under section 510 of the EPBC Act, a person who contravenes a provision of the Act can be subject to a civil penalty of up to $666,000 for a corporation and $66,600 for an individual. Additionally, under section 511 of the Act, a person who commits an offence against the Act may be liable to a criminal penalty, which can include fines of up to $666,000 for a corporation and $66,600 for an individual, or imprisonment for up to five years, or both. These penalties underscore the importance of strict compliance with the terms and conditions of the Declaration.