Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) serves as the primary federal environmental law in Australia, providing a framework for the protection of the environment, including wildlife and biodiversity. The Approved Wildlife Trade Operation (Wallaby Products) Declaration 2017, made by the Minister for the Environment and Energy, Josh Frydenberg, under the EPBC Act, specifically addresses the need for a controlled and sustainable wildlife trade operation. This declaration was made in response to a proposal for the commercial harvest and export of products obtained from wallabies in Tasmania. The operation is subject to several conditions to ensure it aligns with national standards for humane treatment and sustainable practices, including adherence to the National Code of Practice for the Humane Shooting of Kangaroos and Wallabies for Commercial Purposes. The declaration aims to balance economic interests with environmental protection by regulating the trade of wallaby products in a way that minimises impact on wildlife populations.

Scope and Application

The Approved Wildlife Trade Operation (Wallaby Products) Declaration 2017, made under the Environment Protection and Biodiversity Conservation Act 1999, applies specifically to the commercial harvest and export of products obtained from wallabies in Tasmania. This legislation is relevant to entities or individuals involved in the processing of skins, fibres, and furs from Bennett’s wallabies and rufous wallabies within the state of Tasmania. The operation is subject to stringent conditions, including adherence to the National Code of Practice for the Humane Shooting of Kangaroos and Wallabies for Commercial Purposes, and it must be renewed annually. The geographic scope of this Act is confined to Tasmania, with a specific focus on the commercial activities outlined. It is important to note that this declaration does not extend beyond the specified conditions and timeframe, and any deviation from these requirements would render the operation non-compliant with the EPBC Act.

Key Provisions

The main sections of the Approved Wildlife Trade Operation (Wallaby Products) Declaration 2017 under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) declare the approval of a specific wildlife trade operation in Tasmania. This operation, as stated in section 1, is the commercial harvest and export of products obtained from wallabies, specifically targeting Bennett’s wallabies and rufous wallabies. The operation, as outlined in section 2, is conditional upon several criteria. Firstly, it is valid for three years from the date of registration, as mentioned in section 2(a). Secondly, it is strictly limited to the processing of skins, fibres, and furs from the aforementioned species, as specified in section 2(b). Thirdly, an annual report must be submitted to the Wildlife Trade Assessments division of the Department of the Environment and Energy by 31 March each year, as detailed in section 2(c). Lastly, the harvest must comply with the National Code of Practice for the Humane Shooting of Kangaroos and Wallabies for Commercial Purposes and the document titled "Proposal for the Commercial Harvest and Export of Products Obtained from Wallabies in Tasmania," as stipulated in section 2(d). The obligations imposed by this declaration are primarily on the operators involved in the wildlife trade operation. They are required to adhere to the strict conditions outlined in the declaration, ensuring that the operation is conducted within the three-year validity period, only involving the specified wallaby species, and submitting an annual report to the Department of the Environment and Energy. Additionally, the operation must comply with the National Code of Practice for the Humane Shooting of Kangaroos and Wallabies, ensuring that all harvesting practices are humane and ethical. Failure to meet these obligations could lead to the operation being deemed non-compliant and potentially subject to enforcement actions. The declaration also outlines the consequences of non-compliance with the terms of the operation. While the specific penalties for breach are not detailed within the text of the declaration itself, breaches of wildlife trade regulations under the EPBC Act can lead to both civil and criminal penalties. Civil penalties may include fines, and in severe cases, criminal penalties could apply, potentially including imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any relevant case law and statutory provisions. Operators are thus strongly incentivised to comply with all conditions to avoid any potential legal repercussions.