Declaration of an Approved Developmental Wildlife Trade Operation – Victoria 2021–23

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment, particularly matters of national environmental significance, and to regulate activities that could impact biodiversity. The Act aims to establish a framework for the conservation and sustainable use of Australia's biodiversity and natural resources. This legislation was introduced to address the need for a cohesive national approach to environmental protection, ensuring that significant impacts on the environment are adequately assessed and managed. The Act is overseen by the Commonwealth Parliament, with the policy objective of promoting the sustainable use of natural resources while protecting the environment from significant harm. In the context of wildlife trade operations, the Act allows for the approval of developmental operations under specific conditions to ensure they do not adversely affect the environment or biodiversity.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the commercial harvesting of kangaroos in Victoria under the terms of this declaration. Specifically, it governs the implementation of the Victorian Kangaroo Harvest Management Plan 2021-2023, which outlines the approved developmental wildlife trade operation for this period. The Act requires that the commercial harvesting activities align with the provisions of the Plan and mandates certain reporting and monitoring obligations. The geographic scope of this declaration is limited to the state of Victoria, but it is subject to the overarching regulatory framework provided by the Commonwealth under the EPBC Act. This legislation stipulates that the Victorian Department of Environment, Land, Water and Planning must communicate any changes to kangaroo management arrangements to the federal Department of Agriculture, Water and the Environment. Furthermore, it requires ongoing monitoring of kangaroo populations and the submission of annual quota and harvest reports to the federal Department by specified deadlines. Unless revoked or amended, this declaration remains in effect for three years from the date of its registration on the Federal Register of Legislation.

Key Provisions

The main operative sections of the legislation declare that the Victorian Kangaroo Harvest Management Plan 2021-2023 is an approved developmental wildlife trade operation under section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (section 1). This declaration is valid for three years and is subject to several conditions. Firstly, commercial harvesting of kangaroos in Victoria must adhere to the provisions of the Victorian Kangaroo Harvest Management Plan 2021-2023 (section 1(a)). Secondly, the Victorian Department of Environment, Land, Water and Planning is required to notify the Department of Agriculture, Water and the Environment of any intended changes to the Victorian kangaroo management arrangements that could impact the assessment against which decisions under the EPBC Act have been made (section 1(b)). Thirdly, the Victorian Department of Environment, Land, Water and Planning must maintain support for programs that monitor kangaroo populations in Victoria to implement appropriate management responses if the commercial kangaroo harvest continues (section 1(c)). Additionally, the quota report under the Proposal must be submitted annually by 31 December (section 1(d)), and the annual report must be submitted by 31 March each year, covering the previous calendar year (section 1(e)). The Act imposes several obligations and requirements on the parties it governs. The Victorian Department of Environment, Land, Water and Planning is required to inform the Department of Agriculture, Water and the Environment of any changes to the kangaroo management arrangements that could affect the EPBC Act decisions (section 1(b)). Additionally, this department must support programs that monitor kangaroo populations and implement appropriate management responses if the commercial harvest continues (section 1(c)). Furthermore, the quota report and the annual report must be submitted by specified deadlines each year (sections 1(d) and 1(e)). Failure to comply with the obligations and requirements set out in the Act may result in various consequences. While the specific offences and penalties are not detailed in the notifiable instrument, breaches of the Environment Protection and Biodiversity Conservation Act 1999 can lead to both civil and criminal penalties. Civil penalties can include fines of up to AUD 1.1 million for corporations and AUD 220,000 for individuals, as well as other remedies such as injunctions. Criminal penalties can include fines of up to AUD 66,000 for individuals and AUD 330,000 for corporations, as well as imprisonment terms. The exact penalties depend on the nature and severity of the breach, as well as any previous convictions.