COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
Approved Wildlife Trade Operation (Venom Supplies) Declaration 2017
I, Paul Murphy, Assistant Secretary, Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment and Energy under the Environment Protection and Biodiversity Conservation Act 1999 (the Act), am satisfied that an operation involving the wild harvest, keeping and breeding of snakes by Venom Supplies of South Australia, is a small-scale operation as defined by Regulation 9A.20 (2) under Section 303FN (10)(b) of the Act. I declare under subsection 303FN(2) that Venom Supplies’ operation is an Approved Wildlife Trade Operation.
Unless amended or revoked, this declaration has effect subject to the following conditions applied under S303FT:
- The operation is undertaken in accordance with the proposal submitted by Venom Supplies on 4 August 2017.
- Collection of animals from the wild must be done in accordance with a state/territory permit/licence to take animals from the wild that prescribes the species and number of each species to be collected.
- Initially only specimens derived from snakes included in the list of species recorded in Appendix 1 of the proposal can be exported. Specimens derived from additional species can be exported only after written approval by the Department of the Environment and Energy.
- Export is excluded for specimens derived from species that are included on the list of threatened species (excluding conservation dependant category) established under section 178 of the Act.
- This declaration is valid for a period of three years from the date of gazettal of this declaration.
Dated this 24th day of November 2017
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).
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 (EPBC Act) was enacted to provide for the protection of the environment, particularly in relation to matters of national environmental significance. The Approved Wildlife Trade Operation (Venom Supplies) Declaration 2017 was introduced to address the need for regulating wildlife trade operations, ensuring they comply with environmental protection standards. This declaration was made by the Delegate of the Minister for the Environment and Energy, Paul Murphy, under the authority of the EPBC Act, aiming to balance the conservation needs with the legitimate trade of wildlife products. The declaration specifies that Venom Supplies of South Australia's operation is deemed an Approved Wildlife Trade Operation, subject to certain conditions to ensure it does not adversely affect protected species and ecosystems.
Scope and Application
The Approved Wildlife Trade Operation (Venom Supplies) Declaration 2017 pertains specifically to Venom Supplies of South Australia and their operation involving the wild harvest, keeping, and breeding of snakes, as defined under Regulation 9A.20 (2) of the Environment Protection and Biodiversity Conservation Act 1999. This declaration applies to a small-scale operation and is subject to conditions that must be adhered to, including compliance with state or territory permits for the collection of animals from the wild and restrictions on the export of specimens derived from certain snake species, particularly those listed as threatened. The operation must also conform to the proposal submitted by Venom Supplies on 4 August 2017. Unless amended or revoked, this declaration remains in effect for three years from the date of its gazettal and applies to the Commonwealth of Australia, governed by the provisions of the Environment Protection and Biodiversity Conservation Act 1999. The declaration also provides mechanisms for affected parties to seek a review of the decision by the Administrative Appeals Tribunal and to access relevant documents under the Freedom of Information Act 1982.
Key Provisions
The Approved Wildlife Trade Operation (Venom Supplies) Declaration 2017 is a legislative instrument under the Environment Protection and Biodiversity Conservation Act 1999 (the Act). This declaration, issued by Paul Murphy, the Delegate of the Minister for the Environment and Energy, recognises Venom Supplies of South Australia’s operation involving the wild harvest, keeping, and breeding of snakes as an Approved Wildlife Trade Operation (section 303FN). The operation is deemed small-scale in accordance with Regulation 9A.20 (2) under Section 303FN (10)(b) of the Act. The declaration is valid for three years from the date of its gazettal, provided it meets specific conditions outlined under Section 303FT.
The key conditions imposed on Venom Supplies’ operation are that it must be conducted in accordance with the proposal submitted on 4 August 2017. The collection of snakes from the wild must comply with a state/territory permit/licence, specifying the species and number of each species to be collected. Initially, only specimens derived from snakes listed in Appendix 1 of the proposal can be exported. Specimens from additional species can only be exported with written approval from the Department of the Environment and Energy, and export is prohibited for specimens derived from threatened species, excluding those in the conservation dependant category. These conditions ensure the operation adheres to environmental protection and biodiversity conservation standards.
For those whose interests are affected by this declaration, there is an option to apply in writing to the Department of the Environment and Energy within 28 days for reasons regarding the decision. Furthermore, an independent review of the decision can be requested by lodging an application with the Administrative Appeals Tribunal (AAT) within 28 days of receipt of the reasons for the decision or within 28 days of the declaration if reasons for the decision are not sought. The application fee is currently $884, with a reduced fee available for applicants experiencing financial hardship. Information on making such applications can be found on the AAT’s website.
Additionally, parties can make an application under the Freedom of Information Act 1982 to access documents related to this decision. Further enquiries should be directed to the Director, Wildlife Trade Assessments Section, Department of the Environment and Energy. This provision ensures transparency and accountability in the decision-making process. Breaches of the conditions outlined in this declaration may result in various civil or criminal consequences as stipulated under the Act. The exact penalties for non-compliance would depend on the specific breaches and the provisions of the Act.