Declaration of an approved small-scale Wildlife Trade Operation - Mark’s Products and Services – harvest of naturally fallen (moulted) bird feathers (2023-2026)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment, particularly with respect to biodiversity and heritage places, and to establish a framework for the assessment and approval of activities that may have a significant impact on the environment. This Act addresses the problem of unregulated wildlife trade that can lead to biodiversity loss and other environmental impacts. The legislation was enacted by the Australian Parliament with the policy objective of conserving Australia's biodiversity and heritage, and ensuring that the environmental impacts of activities are properly assessed and managed. This declaration under the Act relates to the approval of a small-scale wildlife trade operation by Mark’s Products and Services, which involves the export of naturally fallen (moulted) bird feathers from Australian native birds. The operation is subject to specific conditions, including compliance with the approved operation plan, sourcing feathers only from appropriately licensed suppliers, and maintaining accurate records and submitting annual reports. The declaration is valid for three years and provides avenues for review and appeal for those affected by the decision.

Scope and Application

The declaration under the Environment Protection and Biodiversity Conservation Act 1999 specifies that Mark's Products and Services is recognised as an approved small-scale wildlife trade operation for the export of naturally fallen (moulted) feathers from Australian native birds. This authorisation is valid for three years from the publication of the declaration on the Federal Register of Legislation. The operation must adhere to the detailed conditions outlined in the Wildlife Trade Operation (small-scale) submitted on 29 May 2023. All feathers must be sourced from appropriately licensed suppliers, and any additional suppliers or species not listed in the approved operation may only be used with prior approval from the Department of Climate Change, Energy, the Environment and Water. Mark’s Products and Services is mandated to maintain precise records and submit an annual report to the Department by 30 May each year, detailing the number of feathers sourced and exported. This declaration is subject to review and appeal processes, allowing affected parties to seek reasons for the decision or apply for an independent review to the Administrative Appeals Tribunal. Additionally, access to documents related to this decision can be sought under the Freedom of Information Act 1982.

Key Provisions

The operative sections of this notifiable instrument pertain to the declaration of Mark’s Products and Services as an approved small-scale wildlife trade operation under section 303FN of the Environment Protection and Biodiversity Conservation Act 1999. The declaration (paragraph 1) certifies that the operation meets the criteria for a small-scale operation as defined in regulation 9A.20(2). It also specifies the conditions under which the operation must be conducted, which are outlined in the Wildlife Trade Operation (small-scale) Mark’s Products and Services – harvest of naturally fallen (moulted) bird feathers 2023-2026. These conditions include sourcing feathers from appropriately licensed suppliers and obtaining prior approval for exporting feathers from additional suppliers or species not listed in the approved operation (paragraph 2). The declaration is valid for three years from its publication on the Federal Register of Legislation (paragraph 3). Under the declared conditions, Mark’s Products and Services has specific obligations. They must adhere to the Wildlife Trade Operation (small-scale) guidelines submitted on 29 May 2023. This entails maintaining accurate records of the number of feathers sourced from each species by supplier and the number of feathers exported from each species over the previous 12 months (paragraph 4). These records must be submitted annually in a report to the Department of Climate Change, Energy, the Environment and Water by 30 May each year. The operation must also ensure that all feathers are obtained from appropriately licensed suppliers, and any deviations from this must be approved by the department (paragraph 2). Failure to comply with the conditions of the declaration can result in significant consequences. Under the Environment Protection and Biodiversity Conservation Act 1999, breaches may lead to civil or criminal penalties, although the specific penalties are not detailed in this document. However, the notifiable instrument does mention that an application for independent review of the decision can be made to the Administrative Appeals Tribunal within 28 days of receipt of the reasons for the decision or within 28 days of the declaration if reasons for the decision are not sought (paragraph 8). Additionally, the fee for such an application is currently $1,826, or a reduced fee may apply due to financial hardship. Those affected by the declaration can also make an application under the Freedom of Information Act 1982 (Cth) to access documents relevant to the decision (paragraph 10).