Declaration of an Approved Wildlife Trade Management Plan – Queensland Commercially Harvested Macropods 2023-27

Overview

The Environment Protection and Biodiversity Conservation Act 1999, enacted by the Parliament of Australia, is a crucial piece of legislation aimed at protecting and managing the nation's biodiversity and environment. In 2022, the Minister for the Environment and Water, Tanya Plibersek, issued a declaration approving the Queensland Wildlife Trade Management Plan for Export – Commercially Harvested Macropods 2023-2027. This plan addresses the need for sustainable and regulated commercial harvesting of macropods in Queensland, ensuring that such activities do not adversely affect native wildlife populations or their habitats. The declaration is valid for five years from 1 January 2023 until 31 December 2027, with specific conditions including the annual submission of a quota report and an annual report to the Department of Climate Change, Energy, the Environment and Water. The policy objective is to maintain ecological balance while allowing for the sustainable commercial use of macropods in Queensland.

Scope and Application

The declaration issued under section 303FO of the Environment Protection and Biodiversity Conservation Act 1999 pertains to the approval of the Queensland Wildlife Trade Management Plan for Export – Commercially Harvested Macropods 2023-2027. This Act applies specifically to entities and individuals involved in the commercial harvesting of macropods, which include kangaroos, wallabies, and similar species in Queensland. The legislation establishes a regulatory framework ensuring that the commercial harvesting activities adhere to the outlined management plan, thereby impacting industries involved in wildlife trade and the broader biodiversity conservation efforts within the specified geographic area of Queensland. The declaration, which is effective from 1 January 2023 until 31 December 2027, includes conditions such as mandatory reporting requirements for quota and annual reports, which must be submitted to the Department of Climate Change, Energy, the Environment and Water. This Act's jurisdictional reach is confined to Commonwealth law, with specific applicability to Queensland, and it does not extend to other states or territories unless explicitly stated in subordinate instruments.

Key Provisions

The main operative sections of this legislation (sections 1 to 4) declare and set the conditions for the approval of the Queensland Wildlife Trade Management Plan for Export – Commercially Harvested Macropods 2023-2027. Under section 1, the Minister for the Environment and Water, Tanya Plibersek, declares this plan as approved. Section 2 establishes the validity period of this declaration, which is for five years from 1 January 2023 until 31 December 2027. Section 3 mandates that the quota report, as specified in Action 1.2 of the Plan, must be submitted to the Department of Climate Change, Energy, the Environment and Water by 30 November each year. Section 4 stipulates that the annual report, referenced in Action 6.1 of the Plan, must be submitted to the same department by 31 March each year. The obligations imposed by this legislation are primarily directed towards entities involved in the commercial harvesting of kangaroos in Queensland. These entities must adhere to the guidelines and requirements outlined in the approved wildlife trade management plan. Specifically, they must conduct their operations in accordance with the Plan, ensuring that they meet all the stipulated conditions and actions. Additionally, these entities are required to submit the quota report annually by 30 November and the annual report by 31 March, as specified in sections 3 and 4 of the declaration. Failure to comply with these reporting obligations could result in non-compliance with the Act. The legislation does not explicitly state any offences, penalties, or consequences for breach within the provided text. However, breaches of the Environment Protection and Biodiversity Conservation Act 1999 (the parent Act) generally can lead to significant civil and criminal penalties. For instance, under the parent Act, individuals and corporations can face substantial fines for breaches. The maximum penalties for contravening the Act can vary depending on the nature and severity of the offence, but they can include significant financial penalties for corporations and imprisonment for individuals. It is advisable for parties governed by this legislation to ensure strict compliance to avoid any potential penalties or legal consequences.