Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a comprehensive framework to protect Australia's environment, particularly endangered species, ecosystems, and heritage places of national and international significance. The Act is designed to provide a coordinated national approach to environmental protection and biodiversity conservation, ensuring that significant impacts of actions are properly assessed and managed. The Commonwealth Parliament enacted this legislation to fill the gap in environmental protection mechanisms and to provide a unified legislative structure for the conservation of biodiversity and the mitigation of environmental harm. In the declaration, Tony Burke, the Minister for Sustainability, Environment, Water, Population and Communities, confirms the approval of the Queensland Wildlife Trade Management Plan for Export, Commercially Harvested Macropods 2013–17, following the consideration of public comments as required by the EPBC Act. The approval is subject to specific conditions, including adherence to the management plan, submission of an annual report to the relevant department, and the plan's validity from 1 January 2013 until 31 December 2017. This declaration underscores the policy objective of the EPBC Act to ensure that wildlife trade is managed in a manner that conserves biodiversity and mitigates any adverse environmental impacts.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) applies to the management of wildlife trade, particularly the export of commercially harvested macropods, within the Commonwealth of Australia. This declaration pertains to the Queensland Wildlife Trade Management Plan for Export, Commercially Harvested Macropods 2013–17, which has been approved as an effective framework for managing such trade. The Act applies to entities involved in the harvest and export of macropods, ensuring that these activities are conducted in accordance with the specified plan. The jurisdictional reach of this legislation is national, as it operates under the auspices of the Commonwealth to protect and manage biodiversity across Australia. The declaration outlines specific conditions to be met, such as adherence to the management plan and the submission of annual reports to the Department of Sustainability, Environment, Water, Population and Communities. The approval for this management plan is valid from 1 January 2013 to 31 December 2017, ensuring a defined period of compliance and oversight.

Key Provisions

The primary sections of the Environment Protection and Biodiversity Conservation Act 1999 as referenced in this declaration pertain to the approval of wildlife trade management plans. Specifically, section 303FO(2) provides the authority for the Minister to declare a wildlife trade management plan as approved, while subsection 9A.05(4) of the Environment Protection and Biodiversity Conservation Regulations 2000 outlines the criteria that must be met for such approval. Section 303FR mandates the consideration of public comments prior to approval, and section 303FT allows for the imposition of conditions on the approval, as detailed in this declaration. Under this declaration, the Queensland Wildlife Trade Management Plan for Export, Commercially Harvested Macropods 2013–17 is recognised as an approved plan, subject to certain conditions. The obligations imposed by this Act on the parties involved primarily revolve around adherence to the approved Queensland Wildlife Trade Management Plan for Export, Commercially Harvested Macropods 2013–17. The harvest of commercially harvested macropods must be conducted strictly in line with the Plan, ensuring that all activities are environmentally sustainable and comply with regulatory standards. Additionally, there is a requirement for the submission of an annual report to the Department of Sustainability, Environment, Water, Population and Communities by 31 March each year. This annual report must cover the preceding calendar year, providing a detailed account of the activities undertaken, the outcomes achieved, and any other relevant information as specified in Action 5.1 of the Plan. This reporting obligation ensures transparency and accountability in the management and trade of commercially harvested macropods. The Act also delineates consequences for non-compliance with the conditions set out in the declaration. Breaches of the terms and conditions specified in the declaration, such as failure to adhere to the approved plan or omission of the required annual report, could result in serious ramifications. While the specific penalties are not detailed in the declaration itself, the Environment Protection and Biodiversity Conservation Act 1999 generally provides for both civil and criminal penalties for breaches of its provisions. Civil penalties can include fines, while criminal penalties can include imprisonment, reflecting the seriousness with which the Act regards non-compliance with environmental and biodiversity conservation regulations. The precise penalties would be determined in the context of the broader legislative framework and any applicable regulations or guidelines.