Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance, and to establish a framework for the regulation of trade in wildlife and biodiversity. This Act was introduced to address the need for comprehensive protection of Australia’s biodiversity and the sustainable use of its natural resources. The Act is administered by the Parliament of the Commonwealth of Australia and its policy objective is to ensure that significant impacts on the environment are avoided, minimised, or mitigated through appropriate assessment and management processes. In this context, the declaration of an approved wildlife trade operation by the Acting Assistant Secretary, Wildlife Trade and Biosecurity Branch, under the Act facilitates the regulation and oversight of commercial activities involving native Australian wildlife, ensuring compliance with both national and international conservation standards.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) encompasses a broad range of applications concerning the protection of the environment and biodiversity, and it includes provisions for regulating wildlife trade operations. The specific legislation in question pertains to the declaration of an approved wildlife trade operation, which in this case involves the commercial export of mounted specimens of native Australian wildlife by South Pacific Taxidermy Pty Ltd of Melbourne, Victoria. The declaration is made by the Delegate of the Minister for the Environment, Shaneen Coulson, following consultation and satisfaction with the conditions outlined in the Act. This operation is approved for a period of three years and is subject to compliance with specific conditions outlined in the Schedule to this Instrument. The operation must adhere to the proposal submitted by Mr Gary Pegg of South Pacific Taxidermy, and Mr Pegg must hold a current Commercial Wildlife (Wildlife Taxidermist) Licence Type 2 issued by the Victorian Department of Environment and Primary Industries. Accurate record-keeping in line with DEPI requirements is also mandated, and these records must be made available to the Department of the Environment upon request. Notably, this operation excludes all species listed on Appendix I of CITES and all species listed as threatened under the EPBC Act.

Key Provisions

The primary operative sections of this legislation, particularly Section 1, declare that the commercial export of mounted specimens of native Australian wildlife by South Pacific Taxidermy Pty Ltd is an approved existing stocks wildlife trade operation under Section 303FT of the EPBC Act. This declaration is made by Shaneen Coulson, Acting Assistant Secretary, on behalf of the Minister for the Environment, after considering public comments and being satisfied with the conditions outlined in Section 303FN of the EPBC Act. The operation is also subject to the conditions specified in the Schedule, which are to be adhered to for a period of three years from the date of the gazettal. The obligations imposed on the parties governed by this Act include strict compliance with the conditions set out in the Schedule. Firstly, the operation must follow the proposal submitted by Mr Gary Pegg of South Pacific Taxidermy on 2 April 2014 (Condition 1). Secondly, Mr Gary Pegg must maintain a current Commercial Wildlife (Wildlife Taxidermist) Licence Type 2, issued by the Victorian Department of Environment and Primary Industries (DEPI), in accordance with the Victorian Wildlife Act 1975 and Section 52 of the Victorian Wildlife Regulations 2002 (Condition 2). Thirdly, accurate records must be maintained and kept up-to-date in line with DEPI requirements, and these records must be made available to the Department of the Environment if requested (Condition 3). Lastly, all species listed on Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and all species listed as threatened under the EPBC Act are excluded from this operation (Condition 4). Breach of any of the conditions specified in the Schedule could lead to civil or criminal consequences. Although the specific penalties are not detailed in the text, breaches of the EPBC Act can generally result in substantial fines and, in severe cases, imprisonment. The penalties for contravening the Act can include fines of up to $66,000 for individuals and $330,000 for corporations, along with potential imprisonment terms depending on the severity of the offence. Given that the operation involves the export of wildlife, there may also be additional penalties under other relevant legislation, such as CITES. Compliance with all conditions is therefore crucial to avoid these serious consequences.