Overview

The Approved Wildlife Trade Operation (Victorian Kangaroo Pet Food Trial Existing Stocks) Declaration 2018 was enacted by the Minister for the Environment and Energy, Josh Frydenberg, under section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This notifiable instrument was introduced to address the specific issue of managing the export of kangaroo skins for pet food purposes within Victoria, focusing on existing stocks of harvested kangaroos. The declaration aims to regulate and monitor the trade operation to ensure it aligns with the EPBC Act and considers public comments, thereby maintaining a balance between environmental protection and sustainable use of wildlife resources. The policy objective of this declaration is to allow for the controlled export of kangaroo skins while adhering to the provisions outlined in the Kangaroo Pet Food Trial Developmental Wildlife Trade Operation Plan.

Scope and Application

The Approved Wildlife Trade Operation (Victorian Kangaroo Pet Food Trial Existing Stocks) Declaration 2018 applies to the Kangaroo Pet Food Trial Developmental Wildlife Trade Operation Plan, which has been approved for the export of existing stocks of kangaroo skins for use in pet food, as per the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This legislation pertains specifically to the entities involved in the trial and the kangaroo skins harvested and stockpiled between 1 April 2016 and the registration date of this approval, ensuring that only these skins are eligible for export under the terms of the plan. The geographic reach of this legislation is limited to Australia, with the operation being overseen by the Minister for the Environment and Energy. The operation is subject to strict conditions, including the export limit of 100,000 kangaroos per calendar year, and compliance with the outlined wildlife trade operation plan. Any extensions or restrictions to the application of this Act are to be determined through subordinate instruments, as may be necessary under the EPBC Act.

Key Provisions

The main operative sections of the Approved Wildlife Trade Operation (Victorian Kangaroo Pet Food Trial Existing Stocks) Declaration 2018 (paragraph (a)) declare that the Kangaroo Pet Food Trial Developmental Wildlife Trade Operation Plan is an approved existing stocks wildlife trade operation under section 303FN of the EPBC Act. This approval is contingent upon the operation being conducted in accordance with the plan (section 303FT(1)(a)). The declaration also sets the condition that the total number of exports of animals harvested under this plan must not exceed 100,000 kangaroos per calendar year (section 303FT(1)(b)). Additionally, it specifies that only kangaroo skins harvested and stockpiled between 1 April 2016 and the registration date of this approval may be exported (section 303FT(1)(c)). The Act imposes several obligations on the parties or entities it governs. Firstly, the operation must strictly adhere to the guidelines and stipulations outlined in the Kangaroo Pet Food Trial Developmental Wildlife Trade Operation Plan (section 303FT(1)(a)). Secondly, the total number of kangaroos exported under the plan must not exceed the annual limit of 100,000 (section 303FT(1)(b)). Thirdly, the operation is restricted to exporting only those kangaroo skins that were harvested and stockpiled between 1 April 2016 and the registration date of this approval (section 303FT(1)(c)). These conditions ensure that the operation is conducted in a manner that is both environmentally responsible and compliant with the requirements of the EPBC Act. Breaching any of the conditions stipulated in the declaration can result in significant legal consequences. Under the EPBC Act, any person who contravenes a condition of an approved wildlife trade operation may be subject to enforcement action. For instance, if the total number of exports exceeds the specified limit, or if skins harvested outside the stipulated period are exported, such actions could be considered a breach. The maximum penalties for such breaches can include fines up to $1.1 million for corporations and up to $220,000 for individuals, as well as potential imprisonment. Civil and administrative penalties may also apply, depending on the severity and impact of the breach.