COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF A WILDLIFE TRADE MANAGEMENT PLAN FOR THE COMMERCIAL HARVEST OF KANGAROOS IN VICTORIA 2024-2028
I, Tanya Plibersek, Minister for the Environment and Water, declare under subsection 303FO(2) of the Environment Protection and Biodiversity Conservation Act 1999, that the Victorian Kangaroo Harvest Management Plan 2024-2028 (submitted by Department of Energy, Environment and Climate Action, June 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 Victoria must be undertaken in accordance with the Victorian Kangaroo Harvest Management Plan 2024-2028 (submitted by Department of Energy, Environment and Climate Action, June 2024) (Plan).
- The Kangaroo Harvest Program Annual Report detailed in Indicator 8.2.1 (Aims, actions, and indicators, Aim 8) of the Plan must be submitted to the Department of Climate Change, Energy, the Environment and Water by 31 March each year. The annual report must cover the previous calendar year. An additional report must be submitted covering the period between 1 January and 1 September 2029.
- The Annual commercial harvest Quota Report detailed in Indicator 8.2.2 (Aims, actions, and indicators, Aim 8) of the Plan must be submitted to the Department of Climate Change, Energy, the Environment and Water by 31 December each year.
- This declaration is valid until 1 September 2029.
Dated this 8th day of September 2024
Tanya Plibersek
Minister for the Environment and Water
A person whose interests are affected by this declaration may, within 28 days, make an application in writing to the Department of Climate Change, Energy, the Environment and Water for the reasons for the decision.
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 the Director, Wildlife Trade Assessments Section, Department of Climate Change, Energy, the Environment and Water by email: wta@dcceew.gov.au or telephone: 1800 075 065.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a key legislative framework for the protection and management of Australia’s environment, including its biodiversity and natural resources. Enacted by the Commonwealth Parliament, the EPBC Act aims to provide for the protection of the environment, particularly its native flora and fauna, and to ensure that the impacts of proposed activities are assessed and managed effectively. The legislation was introduced to address gaps in environmental protection and to establish a unified framework for the conservation and sustainable use of Australia’s biodiversity. The Act empowers the Minister for the Environment to approve wildlife trade management plans, such as the recently declared Victorian Kangaroo Harvest Management Plan 2024-2028, which ensures that the commercial harvest of kangaroos in Victoria is conducted sustainably and in accordance with the prescribed management plan.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the declaration of wildlife trade management plans, such as the Victorian Kangaroo Harvest Management Plan 2024-2028, which is applicable to the commercial harvest of kangaroos in Victoria. This legislation applies to entities involved in the commercial harvest of kangaroos, ensuring that these activities comply with the outlined management plan. The Act extends its jurisdiction across the Commonwealth of Australia and includes provisions for the submission of annual reports and quotas to the Department of Climate Change, Energy, the Environment and Water. This declaration, effective until 1 September 2029, imposes mandatory adherence to the specified management plan and reporting requirements. Affected parties have the right to request reasons for the decision within 28 days of the declaration, and there is also the option to access relevant documents under the Freedom of Information Act 1982 (Cth).
Key Provisions
The declaration of the Wildlife Trade Management Plan for the commercial harvest of kangaroos in Victoria for 2024-2028, made under section 303FO(2) of the Environment Protection and Biodiversity Conservation Act 1999, establishes that the commercial harvest must adhere to the outlined plan (section 303FO). The plan specifies that the harvest activities in Victoria must be conducted in accordance with the guidelines set forth in the Victorian Kangaroo Harvest Management Plan 2024-2028. This requirement ensures that all operations are aligned with the environmental and biodiversity objectives established by the Act.
The Act imposes several obligations on the parties involved in the commercial harvest of kangaroos. These obligations include the submission of an Annual Harvest Program Report by 31 March each year, detailing the previous calendar year’s activities and covering the period from 1 January to 1 September 2029. Additionally, an Annual Quota Report must be submitted by 31 December each year, as outlined in Indicator 8.2.2 of the Plan (section 303FT). These reports are crucial for monitoring compliance and the effectiveness of the management plan.
Failure to comply with the requirements of the Act or the terms of the approved management plan may result in civil or criminal consequences. While specific penalties are not detailed in the provided text, breaches of environmental legislation under the EPBC Act can lead to significant fines and, in severe cases, imprisonment. The declaration remains in effect until 1 September 2029, after which the plan or its conditions may be reviewed or amended. For any disputes or further information, individuals or entities can apply to the Department of Climate Change, Energy, the Environment and Water within 28 days of the declaration or seek access to relevant documents under the Freedom of Information Act 1982 (Cth).