Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the need for a comprehensive framework to protect and manage Australia's biodiversity and environmental heritage. This Act was introduced by the Commonwealth Parliament and aims to provide for the protection of the environment, particularly through the regulation of activities that may have significant impacts on matters of national environmental significance. The legislation seeks to integrate environmental considerations into decision-making processes and to ensure that the conservation of biodiversity and ecological integrity are prioritised. In this context, the declaration of an approved wildlife trade management plan under the Act aims to provide a structured and regulated approach to the trade of specific wildlife species, ensuring that such activities do not adversely impact the conservation status of the species involved. The declaration by the Minister for the Environment, Greg Hunt, recognises the importance of balancing commercial interests with conservation needs, particularly for species such as the saltwater crocodile, by establishing clear guidelines and conditions for the sustainable management and trade of these species within specified timeframes.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the approved wildlife trade management plan for the saltwater crocodile (Crocodylus porosus) in the Northern Territory of Australia for the period 2016-2020. This declaration is made by the Minister for the Environment, Greg Hunt, and is limited to the specified timeframe and species. The plan is subject to compliance with certain conditions outlined in the Schedule to the Instrument, such as the submission of an annual report to the Department of the Environment by 31 October each year, which must include details of population monitoring, harvest data, farm production, and compliance activities. The Act extends its reach to entities and persons involved in the commercial harvest of saltwater crocodiles, ensuring that such activities adhere to the stipulated management plan and conditions. The Act's jurisdiction is primarily within the Commonwealth, overseeing the trade and conservation of specified wildlife species across state and territory boundaries.

Key Provisions

The main operative sections of the legislation concern the declaration of an approved wildlife trade management plan. Specifically, Section 1 details the declaration by Greg Hunt, the Minister for the Environment, that the Wildlife Trade Management Program for the Saltwater Crocodile (Crocodylus porosus) in the Northern Territory of Australia, 2016-2020 is an approved wildlife trade management plan. This declaration is made under Section 303FO of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) and is subject to the conditions specified in the Schedule to this Instrument. Section 2 further delineates the scope and limitations of the declaration, specifying the period (from 1 January 2016 until 31 December 2020) and the species to which the plan applies (the saltwater crocodile). Additionally, it mandates that the commercial harvest of the species must comply with the Plan. The obligations imposed by this legislation primarily revolve around compliance with the approved wildlife trade management plan. The most significant requirement is the submission of an annual report to the Department of the Environment by 31 October each year. This report, as outlined in Condition 1 of the Schedule, must cover the previous financial year from 1 July to 30 June and must contain detailed information regarding the results of annual population monitoring, annual harvest data for eggs and hatchlings, non-hatchling take, farm production, and permitting and compliance activities. This ensures that the trade and management of the saltwater crocodile are monitored and regulated effectively. There are no explicit offences, penalties, or civil/criminal consequences mentioned in the text provided for breaches of the approved wildlife trade management plan. However, the requirement to submit an annual report and the conditions outlined in the Schedule suggest that non-compliance could lead to regulatory actions. These might include enforcement actions by the Department of the Environment, such as fines, sanctions, or other measures to ensure adherence to the conditions of the approved plan. The specific penalties for non-compliance are not stated in the provided text but would typically be detailed in the broader provisions of the EPBC Act.