Declaration of an Approved Wildlife Trade Management Plan - Queensland Crocodile Farming and Crocodile Egg Harvesting (2023-2028)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the protection of the environment and biodiversity, particularly through the regulation of activities that may significantly impact the environment. The Act provides a framework for the protection of wildlife, ecosystems, and cultural heritage, and it is enforced by the Commonwealth Government through the Department of Climate Change, Energy, the Environment and Water. This notifiable instrument is a declaration by the Minister for the Environment and Water, Tanya Plibersek, approving a Wildlife Trade Management Plan for Queensland crocodile farming and crocodile egg harvesting for the period 2023 to 2028. The policy objective of this declaration is to ensure that commercial crocodile farming and egg harvesting activities are conducted in a manner that is sustainable and does not adversely affect the conservation status of crocodile species. The declaration imposes specific conditions on the commercial activities, including sourcing requirements for eggs and live young, a cap on the number of wild eggs that can be harvested annually, and mandates annual reporting by the Queensland Department of Environment and Science to the Commonwealth department.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, as applied through the declaration of an approved Wildlife Trade Management Plan for Queensland Crocodile Farming and Crocodile Egg Harvesting (2023-2028), applies to entities and individuals involved in the commercial farming and harvesting of saltwater and freshwater crocodiles in Queensland, as well as the import and export of crocodile eggs and live young between Queensland and the Northern Territory. The Act regulates the activities to ensure compliance with specific conditions that include adhering to the approved management plan, sourcing crocodile eggs from approved commercial programs in the Northern Territory, and limiting the number of eggs harvested from the wild in Queensland to 5,000 per year for commercial export. The declaration is binding on all relevant parties for five years from its registration on the Federal Register of Legislation, and it mandates the Queensland Department of Environment and Science to submit an annual report detailing various aspects of crocodile farming and monitoring activities to the Department of Climate Change, Energy, the Environment and Water.

Key Provisions

The main provisions of this notifiable instrument (F2023N00632) under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) revolve around the approved Wildlife Trade Management Plan for Queensland Crocodile Farming and Crocodile Egg Harvesting for the period 2023-2028. This declaration, made by the Minister for the Environment and Water under section 303FO(2) of the EPBC Act, establishes that the Queensland Crocodile Farming and Crocodile Egg Harvesting plan is officially approved (section 1). It stipulates that commercial farming of saltwater and freshwater crocodiles must adhere to this plan (section 303FT(1)). Additionally, it mandates that eggs and live young of saltwater crocodiles obtained from the Northern Territory must come from a commercial source program approved under Part 13A of the EPBC Act (section 303FT(2)). Furthermore, a cap of 5,000 saltwater crocodile eggs per year is set for wild harvest in Queensland for commercial export purposes (section 303FT(3)). The Queensland Department of Environment and Science is required to submit an annual report to the Department of Climate Change, Energy, the Environment and Water by 30 June each year (section 303FT(4)), detailing various aspects of crocodile management. This legislation imposes several obligations on parties and entities involved in crocodile farming and egg harvesting. Firstly, commercial farming of saltwater and freshwater crocodiles must strictly follow the approved Wildlife Trade Management Plan (section 303FT(1)). Secondly, any eggs and live young of saltwater crocodiles sourced from the Northern Territory must originate from a program approved under Part 13A of the EPBC Act (section 303FT(2)). The annual cap of 5,000 saltwater crocodile eggs for wild harvest in Queensland is also a critical requirement (section 303FT(3)). The Queensland Department of Environment and Science must compile and submit an annual report to the relevant federal department by 30 June each year, detailing specific aspects of crocodile management, including the number of problem crocodiles removed, licences issued, and results of population monitoring and surveys (section 303FT(4)). Breaching the conditions set forth in this notifiable instrument can lead to various legal consequences. While the specific offences and penalties are not explicitly stated in this document, it is reasonable to infer that violations of the EPBC Act and its regulations could result in both civil and criminal penalties. Under the EPBC Act, penalties for offences can include substantial fines, with the maximum penalty varying depending on the specific offence. For instance, penalties for offences involving the unauthorised take of protected species can include fines of up to $222,000 for individuals and $1,110,000 for corporations, as well as potential imprisonment terms. Enforcement actions may also be taken against entities that fail to comply with the annual reporting requirements or other stipulated conditions.