Declaration of an Approved Existing Stocks Wildlife Trade Operation – Victoria 2021–23

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, and to regulate activities that may impact on the environment. This legislation is a critical framework for environmental conservation in Australia, addressing gaps in wildlife management and trade that were previously unaddressed or inadequately managed. The Act was introduced by the Commonwealth Parliament, with the objective of ensuring that environmental considerations are integrated into decision-making processes that could affect the environment. In this context, the declaration of an approved existing stocks wildlife trade operation for kangaroos in Victoria under the EPBC Act aims to regulate the commercial harvesting of kangaroos in a manner that balances economic activities with the conservation of wildlife populations. The declared operation must adhere to specific conditions, such as following the Victorian Kangaroo Harvest Management Plan 2021-2023, and ensuring ongoing monitoring and reporting to maintain compliance with environmental protection standards.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, as evidenced by the declaration issued by Sussan Ley, Minister for the Environment, recognises the Victorian Kangaroo Harvest Management Plan 2021-2023 as an approved existing stocks wildlife trade operation. This Act applies to the commercial harvesting of kangaroos in Victoria and is enforced by the Victorian Department of Environment, Land, Water and Planning. The legislation mandates that the harvesting must adhere to the specified management plan and stipulates that any changes to the kangaroo management arrangements must be communicated to the relevant federal department. Furthermore, the Act requires ongoing monitoring of kangaroo populations and mandates the submission of a quota report and an annual report to the federal Department of Agriculture, Water and the Environment by specific deadlines each year. The declaration is valid for three years from its registration on the Federal Register of Legislation and applies to stock harvested after 1 October 2019, unless amended or revoked. The Act's application extends under specific conditions as outlined, ensuring compliance with the approved management plan and ongoing population monitoring.

Key Provisions

The main operative sections of this declaration (section 303FN) establish that the Victorian Kangaroo Harvest Management Plan 2021-2023 is approved as an existing stocks wildlife trade operation under the Environment Protection and Biodiversity Conservation Act 1999. This approval allows for the commercial harvesting of kangaroos in Victoria, subject to specific conditions (sections 303FT). These conditions include adherence to the Victorian Kangaroo Harvest Management Plan, notification to the Department of any changes in management arrangements, continuous support for monitoring programs, and the submission of required reports. The declaration will remain in effect for three years from the date of its registration unless it is amended or revoked. The obligations imposed by this Act on the parties involved, primarily the Victorian Department of Environment, Land, Water and Planning, are to ensure that commercial kangaroo harvesting is conducted in strict accordance with the approved management plan. This department must also inform the Department of Agriculture, Water and the Environment of any changes to the management arrangements that could affect the current assessment. Additionally, it must support programs that monitor kangaroo populations and implement appropriate management responses as necessary. The department must submit a quota report by 31 December each year and an annual report by 31 March each year, covering the preceding calendar year. Failing to comply with the conditions outlined in this declaration can result in civil or criminal penalties. Although the specific penalties are not detailed in this notifiable instrument, under the Environment Protection and Biodiversity Conservation Act 1999, breaches can lead to substantial fines and, in severe cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any relevant jurisdictional guidelines and case law. It is crucial for all parties involved to adhere to the conditions to avoid these potential consequences.