Declaration of an Approved Wildlife Trade Management Plan – Management Plan for the Commercial Harvest of Kangaroos in Western Australia 2019-2023

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was enacted to address the protection of the environment and biodiversity through a range of measures including the regulation of wildlife trade. This legislation was introduced by the Australian Parliament to provide a comprehensive framework for the protection of the environment and to address gaps in the regulation of wildlife trade, particularly in relation to threatened species and ecological communities. The Act aims to ensure that biodiversity is conserved and that activities which may have a significant impact on the environment are properly assessed and managed. In accordance with the Act, the Minister for the Environment has approved the Management Plan for the Commercial Harvest of Kangaroos in Western Australia 2019-2023 (the Plan). This approval is subject to specific conditions, including adherence to the Plan for the duration of the commercial harvest and the submission of annual reports to the Department of the Environment and Energy. The policy objective behind this approval is to ensure that the commercial harvest of kangaroos in Western Australia is conducted in a sustainable and environmentally responsible manner, thereby balancing economic interests with conservation needs.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to various entities involved in the commercial harvest of kangaroos in Western Australia, specifically those operating within the framework of the approved wildlife trade management plan for the years 2019 to 2023. This Act is a Commonwealth legislation and thus has a national reach, aimed at ensuring that the commercial harvest of kangaroos is conducted in a manner that is environmentally sustainable and consistent with Australia's international obligations. The approved plan stipulates certain conditions, such as adhering to the specified quota and reporting requirements, which must be met by the entities involved in the kangaroo harvest. The declaration by Melissa Price, the Minister for the Environment, confirms the validity of this management plan and the conditions that must be followed. The plan is in effect from 1 January 2019 until 31 December 2023, and it is subject to annual review and compliance checks by the Department of the Environment and Energy. The Act does not specify exclusions or exemptions but ensures that all activities are monitored to prevent any adverse environmental impact.

Key Provisions

The key operative sections of this legislation focus on the declaration of an approved wildlife trade management plan, specifically the Management Plan for the Commercial Harvest of Kangaroos in Western Australia for the years 2019-2023. This plan is approved under section 303FO of the Environment Protection and Biodiversity Conservation Act 1999 (section 303FO). The declaration specifies that the commercial harvest of kangaroos in Western Australia must comply with the outlined plan (section 303FR). Additionally, it mandates that the quota report, as mentioned in Action 11 of the plan, must be submitted to the Department of the Environment and Energy by 30 November each year (section 303FT(1)(a)). Similarly, the annual report, detailed in Action 17 of the plan, must be submitted by 31 March each year (section 303FT(1)(b)). The obligations and requirements imposed by this Act primarily revolve around adherence to the approved management plan. Those involved in the commercial harvest of kangaroos in Western Australia must ensure that their activities are in line with the stipulated guidelines and actions within the plan. This includes precise adherence to the harvest quotas and reporting requirements, such as the submission of the quota report by the end of November each year and the annual report by the end of March each year. Compliance with these requirements is critical to maintaining the approval status of the plan and ensuring sustainable and regulated commercial harvest practices. The legislation outlines potential consequences for non-compliance with the approved plan. While the specific offences and penalties are not detailed within the text of the declaration, under the Environment Protection and Biodiversity Conservation Act 1999, breaches of approved management plans can lead to enforcement actions. These may include civil penalties, administrative actions, and potential criminal charges depending on the severity and nature of the breach. The maximum penalties for such offences can vary, but they often include substantial fines and, in severe cases, imprisonment. Therefore, it is imperative for all parties involved in the commercial harvest of kangaroos to strictly adhere to the plan to avoid these potential consequences.