COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF A WILDLIFE TRADE MANAGEMENT PLAN FOR THE COMMERCIAL HARVEST OF KANGAROOS IN WESTERN AUSTRALIA 2024-2028
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 Management Plan for the Commercial Harvest of Kangaroos in Western Australia 2024-2028, 2023 (Department of Biodiversity, Conservation and Attractions, December 2023) 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 Western Australia must be undertaken in accordance with the Management Plan for the Commercial Harvest of Kangaroos in Western Australia 2024-2028, 2023 (Department of Biodiversity, Conservation and Attractions, December 2023 (Plan).
2. The annual commercial harvest quota report detailed in Performance Indicator 18 (Section 3.3 Management actions and performance indicators, Action 10) of the Plan must be submitted to the Department of Climate Change, Energy, the Environment and Water by 30 November each year.
3. The annual report detailed in Performance Indicator 26 (Section 3.3 Management actions and performance indicators, Action 16) 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.
4. This declaration is valid for five years from 1 January 2024 until 31 December 2028.
Dated this 18th day of December 2023
Belinda Jago
……………………………………….
Delegate of the 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.
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 $1,082 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 Administrative Appeals Tribunal | Administrative Appeals Tribunal (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 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) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. This legislation was introduced to address gaps in the regulation of activities that impact the environment, ensuring that biodiversity and ecosystems are preserved and managed sustainably. The Act empowers the Commonwealth to take action to protect and conserve Australia's unique biodiversity and ecological heritage. This declaration, issued under the authority of the Minister for the Environment and Water, identifies a specific Wildlife Trade Management Plan for the commercial harvest of kangaroos in Western Australia as approved for the period 2024 to 2028. The policy objective is to ensure that the commercial harvest of kangaroos is conducted in a manner that is consistent with biodiversity conservation and sustainable use principles.
Scope and Application
The Wildlife Trade Management Plan for the Commercial Harvest of Kangaroos in Western Australia 2024-2028, declared under the Environment Protection and Biodiversity Conservation Act 1999, applies to all entities and individuals involved in the commercial harvest of kangaroos within the specified geographic region. This includes entities such as licensed harvesters, processors, and exporters who must adhere to the provisions outlined in the approved Management Plan. The legislation sets conditions to ensure that the commercial harvest is conducted sustainably and in compliance with the environmental standards established under the Act. The declaration is geographically confined to Western Australia and is effective from 1 January 2024 until 31 December 2028, unless it is amended or revoked. The declaration also mandates specific reporting requirements, including the submission of annual commercial harvest quota reports by 30 November and annual performance reports by 31 March, both to be submitted to the Department of Climate Change, Energy, the Environment and Water. Exclusions or exemptions from this declaration are not explicitly stated in the text, and the application of the Act can be extended or restricted through subordinate instruments as necessary.
Key Provisions
The core provisions of the declaration under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (sections 303FO and 303FT) involve the approval of the Management Plan for the Commercial Harvest of Kangaroos in Western Australia for the period 2024-2028. Section 303FO(2) authorises the Minister for the Environment and Water, represented by Belinda Jago as the delegate, to approve the management plan as a Wildlife Trade Management Plan. This approval ensures that the plan is legally recognised for guiding the commercial harvest of kangaroos within Western Australia. The declaration outlines specific conditions, such as the requirement for the annual commercial harvest quota report (Performance Indicator 18, Section 3.3, Action 10) to be submitted by 30 November each year, and the annual report (Performance Indicator 26, Section 3.3, Action 16) to be submitted by 31 March each year, covering the previous calendar year. These reports must be submitted to the Department of Climate Change, Energy, the Environment and Water.
The obligations imposed by the Act on parties involved include adhering strictly to the approved Management Plan for the Commercial Harvest of Kangaroos in Western Australia. This entails ensuring that all commercial activities related to kangaroo harvest are conducted in line with the plan's guidelines and requirements. Furthermore, the requirement to submit annual reports on harvest quotas and overall activities ensures ongoing compliance monitoring and transparency. Failure to meet these reporting deadlines and requirements may result in non-compliance with the Act, potentially leading to further regulatory actions.
Breaches of the conditions outlined in the declaration or non-compliance with the approved Management Plan can result in various legal consequences. Under the EPBC Act, failure to submit the required annual reports by the stipulated deadlines may be considered non-compliance. The Act also provides for civil and criminal penalties for more serious breaches. For instance, individuals or entities found to be in breach of wildlife protection provisions under the EPBC Act may face significant fines and, in severe cases, imprisonment. The exact penalties can vary depending on the nature and severity of the breach but underscore the seriousness with which the Act treats compliance with its provisions.