COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF A WILDLIFE TRADE MANAGEMENT PLAN FOR THE COMMERCIAL HARVEST OF KANGAROOS IN SOUTH AUSTRALIA 2025-2029
I, Belinda Jago, Branch Head, Ocean and Wildlife Branch, as Delegate of the Minister for the Environment and Water, declare under subsection 303FO(2) of the Environment Protection and Biodiversity Conservation Act 1999, that the South Australian Commercial Kangaroo Management Plan 2025-2029 (Department for Environment and Water, 5 December 2024) is an approved Wildlife Trade Management Plan for the purposes of section 303FO of the EPBC Act.
Unless amended or revoked, this declaration has effect subject to the following conditions applied under section 303FT:
- The commercial harvest of kangaroos in South Australia must be undertaken in accordance with the South Australian Commercial Kangaroo Management Plan 2025-2029 (Department for Environment and Water, 5 December 2024) (Plan).
- The Annual Report detailed in Action 26 and Performance Indicator 26.1 of the Plan must be submitted to the Department of Climate Change, Energy, the Environment and Water by 30 April each year. The annual report must cover the previous calendar year.
- The Annual commercial harvest Quota Report detailed in Action 15 and Performance Indicator 15.1 of the Plan must be submitted to the Department of Climate Change, Energy, the Environment and Water by 20 December each year.
- This declaration is valid until 30 November 2029.
Dated this 17th day of December 2024
Belinda Jago
……………………………………….
Delegate of the Minister for the Environment and Water
Under section 266 of the Administrative Review Tribunal Act 2024 (ART Act), decision-makers must give notice of a decision and review rights to any person affected by the decision (section 266 of the ART Act). In giving the notice, decision-makers must have regard to the Administrative Review Tribunal Rules 2024 (section 267 of the ART Act).
A person whose interests are affected by this decision may, within 28 days, apply in writing to the Department of the Climate Change, Energy, Environment and Water, for the statement of reasons for the decision (section 268 of the ART Act).
If they are not satisfied with the decision, or the statement of reasons, an application for independent merits review of the decision (under section 303GJ(1) of the Environment Protection and Biodiversity Conservation Act 1999) may be made to the Administrative Review Tribunal (ART), on payment of the relevant fee (currently $1,121 or reduced fee where applicable due to financial hardship) by the applicant.
This can take place 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 directly to the ART. Please visit the ART’s website at https://www.art.gov.au/ for further information. You can provide feedback or make a complaint about the general services ART staff provide relating to your case through the enquiry form provided on the ART website linked above.
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 https://www.dcceew.gov.au/about/reporting/freedom-of-information.
Further enquiries should be directed to: Director of Wildlife Trade Assessments, Department of Climate Change, Energy, the Environment and Water, Telephone: (Australia) 1800 075 065 or (international) +61 5156 5063 Email: wta@dcceew.gov.au.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the problem of biodiversity loss and the need for effective environmental protection across Australia. The Act provides a framework for the protection of Australia's biodiversity and natural heritage by regulating activities that have, or are likely to have, a significant impact on matters of national environmental significance. This declaration of the South Australian Commercial Kangaroo Management Plan 2025-2029 under section 303FO of the EPBC Act by the Delegate of the Minister for the Environment and Water aims to ensure that the commercial harvest of kangaroos in South Australia is managed sustainably and in accordance with the approved management plan. The declaration sets out specific conditions, including the submission of annual reports and quota reports, and is valid until 30 November 2029. This legislative measure underscores the policy objective of balancing economic activities with environmental conservation.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the commercial harvest of kangaroos within South Australia, as declared through the South Australian Commercial Kangaroo Management Plan 2025-2029. This legislation governs the manner in which such harvests must be conducted, ensuring they comply with the approved management plan, which includes specific actions and performance indicators that must be reported annually. The declaration by Belinda Jago, acting as Delegate of the Minister for the Environment and Water, outlines that the management plan is in effect until 30 November 2029 and mandates that entities involved in the commercial harvest of kangaroos in South Australia must adhere to the plan's guidelines. Failure to comply with the plan's stipulations or the annual reporting requirements could lead to the plan being revoked, as the declaration is subject to certain conditions aimed at maintaining the ecological balance and sustainability of kangaroo populations in the region. The Act's jurisdictional reach is limited to South Australia, where the commercial harvest of kangaroos is regulated under the EPBC Act.
Key Provisions
The main operative sections of this declaration under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) include the approval of the South Australian Commercial Kangaroo Management Plan 2025-2029 as a Wildlife Trade Management Plan (section 303FO), which is subject to specific conditions (section 303FT). These conditions mandate that the commercial harvest of kangaroos in South Australia must be conducted in line with the approved Plan (section 303FT(1)(a)), and that annual reports and commercial harvest quota reports must be submitted to the Department of Climate Change, Energy, the Environment and Water by set deadlines each year (sections 303FT(1)(b) and 303FT(1)(c)). The declaration is valid until 30 November 2029, unless amended or revoked earlier (section 303FT(2)).
Entities and individuals governed by this Act, such as those involved in the commercial harvest of kangaroos in South Australia, must adhere to the stipulations outlined in the South Australian Commercial Kangaroo Management Plan 2025-2029. This includes conducting all harvest activities in accordance with the Plan, and ensuring that the Annual Report and Annual Commercial Harvest Quota Report are submitted to the Department within the specified timeframes. Failure to comply with these obligations could result in legal repercussions under the EPBC Act.
Under the EPBC Act, there are potential civil and criminal penalties for breaches of the legislation. The specific penalties for non-compliance with the terms of the Wildlife Trade Management Plan are not detailed in the declaration, but in general, breaches of the EPBC Act can lead to substantial fines and, in some cases, imprisonment. The exact penalties depend on the nature and severity of the breach. Additionally, under the Administrative Review Tribunal Act 2024, affected parties have the right to seek a review of decisions related to this declaration, and may apply for independent merits review if dissatisfied with the outcome.
The declaration also includes provisions for notice and review rights for those affected by the decision, as per section 266 of the Administrative Review Tribunal Act 2024. This means that any person whose interests are affected by the decision must be informed of their right to review and can apply for reasons for the decision within 28 days. If the applicant is not satisfied with the reasons provided, they may apply for an independent merits review to the Administrative Review Tribunal within a further 28 days. Additionally, individuals can seek access to documents under the Freedom of Information Act 1982, subject to the provisions of that Act.