Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted to address the need for a comprehensive framework to protect Australia's environment and biodiversity, including its native wildlife and ecosystems. This Act was introduced by the Australian Parliament with the primary policy objective of conserving biodiversity and managing the impacts of activities that may harm the environment. As part of this legislative framework, the Act includes provisions for the regulation of wildlife trade to prevent the overexploitation and illegal trade of wildlife, which can have detrimental effects on biodiversity and ecosystem health. The declaration under this Act serves to approve specific operations involving the trade of preserved taxidermy specimens, subject to certain conditions aimed at ensuring compliance with environmental and wildlife protection standards. The declaration, made by a delegate of the Minister for the Environment and Energy, outlines the terms and conditions under which such operations can proceed, ensuring that they do not adversely affect protected species or habitats.

Scope and Application

The declaration issued under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) pertains specifically to the approval of a small-scale wildlife trade operation conducted by South Pacific Taxidermy Pty Ltd, based in Melbourne, Victoria. This approval is limited to the commercial export of preserved taxidermy specimens of both native Australian wildlife and non-native exotic species. The declaration, made by Paul Murphy, the Assistant Secretary of the Wildlife Trade and Biosecurity Branch and acting as a Delegate of the Minister for the Environment and Energy, is valid for a period of three years from the date of its publication, provided that the conditions specified in the accompanying schedule are adhered to. The geographic scope of this legislation is national, as it operates under the auspices of the Commonwealth of Australia and pertains to wildlife trade that has cross-jurisdictional and international implications. Any exclusions or exemptions from this declaration are limited to species listed on Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and those species listed as threatened under the EPBC Act, which are not allowed to be part of this operation. The application of the Act may be further extended or restricted through subordinate instruments as necessary.

Key Provisions

The primary operative sections of this legislation declare that an operation to commercially export preserved taxidermy specimens of native Australian wildlife and non-native exotic species by South Pacific Taxidermy Pty Ltd is an approved small-scale wildlife trade operation under section 303FT of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act). This declaration, made by Paul Murphy, Assistant Secretary, Wildlife Trade and Biosecurity Branch, and Delegate of the Minister for the Environment, follows a consideration of the comments received in response to an invitation under section 303FR(1) of the EPBC Act and is based on the satisfaction of the matters outlined in section 303FN of the EPBC Act. The operation is subject to specific conditions outlined in the Schedule of this Declaration and is valid for three years from the date of publication on the Federal Register of Legislation, provided that the conditions specified in the Schedule are adhered to. The obligations imposed by this Act on South Pacific Taxidermy Pty Ltd include strict adherence to the proposal submitted by Mr Gary Pegg on 8 May 2017. This entails ensuring that the operation is conducted in accordance with the outlined proposal. Furthermore, Mr Gary Pegg must maintain a current Commercial Wildlife (Wildlife Taxidermist) Licence, issued by the Victorian Department of Environment, Land, Water and Planning, in compliance with the Victorian Wildlife Act 1975 and Section 52 of the Victorian Wildlife Regulations 2013. Accurate records must also be maintained and kept up-to-date in accordance with the requirements of the Victorian Department of Environment, Land, Water and Planning. These records must be made available to the Department of the Environment and Energy in a timely manner if requested. Additionally, all species identified 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. Failure to comply with the conditions specified in the Schedule to this Declaration could result in civil or criminal consequences. Although specific penalties are not detailed in the provided text, breaches of the EPBC Act generally can lead to substantial fines and, in more severe cases, imprisonment. The maximum penalties for contravening the EPBC Act can include fines of up to $222,200 for individuals and $1,111,000 for bodies corporate, as well as potential imprisonment terms. The specific penalties applicable in this case would depend on the nature and severity of the breach, as determined by the relevant authorities.