COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE MANAGEMENT PLAN – SOUTH AUSTRALIAN COMMERCIAL KANGAROO MANAGEMENT PLAN 2020–24
I, SUSSAN LEY, Minister for the Environment:
(a) having noted that one public comment was received in response to an invitation under section 303FR
(b) being satisfied as to those matters set out in section 303FO
declare that the South Australian Commercial Kangaroo Management Plan 2020–2024 (the Plan) is an approved wildlife trade management plan for the purposes of section 303FO of the Environment Protection and Biodiversity Conservation Act 1999.
Unless amended or revoked, this declaration has effect subject to the following conditions applied under section 303FT:
- Commercial harvesting of kangaroos in South Australia must be conducted in accordance with the South Australian Commercial Kangaroo Management Plan 2020–2024 (the Plan).
- This declaration is valid until 31 December 2024.
3. The annual quota report referred to in Action 15 of the Plan must be submitted to the Department of Agriculture, Water and the Environment by 30 November each year.
4. The annual report referred to in Action 28 of the Plan must be submitted to the Department of Agriculture, Water and the Environment by 31 March each year. The annual report will cover the preceding calendar year.
Dated this 5th day of March 2020
[Signed]
………………SUSSAN LEY……………….
Minister for the Environment
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the problem of biodiversity loss and the need for effective management of environmental impacts at a national level. The Act provides a framework for the protection of matters of national environmental significance, including wildlife and their habitats. The South Australian Commercial Kangaroo Management Plan 2020–2024 has been declared as an approved wildlife trade management plan under section 303FO of the EPBC Act by the Minister for the Environment, Sussan Ley, to ensure that commercial harvesting of kangaroos in South Australia adheres to sustainable practices. This declaration was made in response to public consultation and aims to maintain the ecological balance while allowing for regulated commercial activities. The declaration is effective until 31 December 2024, subject to the conditions outlined in the South Australian Commercial Kangaroo Management Plan.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the South Australian Commercial Kangaroo Management Plan 2020–2024 through the declaration of this Plan as an approved wildlife trade management plan. This application of the EPBC Act specifically pertains to the commercial harvesting of kangaroos in South Australia, ensuring that such activities comply with the guidelines and provisions outlined in the Plan. The declaration is made under the authority of the Minister for the Environment and is effective until 31 December 2024. Key obligations under this declaration include the submission of an annual quota report by 30 November each year and an annual report by 31 March each year, both directed to the Department of Agriculture, Water and the Environment. These reports are critical for monitoring and compliance with the Plan's actions and ensuring sustainable management of kangaroo populations in South Australia.
Key Provisions
The South Australian Commercial Kangaroo Management Plan 2020–2024, as declared under section 303FO of the Environment Protection and Biodiversity Conservation Act 1999, sets forth the framework for the commercial harvesting of kangaroos in South Australia. This declaration, made by the Minister for the Environment, ensures that the Plan is recognised as an approved wildlife trade management plan. The primary requirement of the Plan, as outlined in section 3 of the declaration, is that all commercial kangaroo harvesting activities must be conducted in strict adherence to the specified guidelines and conditions set out in the Plan. Additionally, the declaration stipulates specific reporting obligations for the Plan's implementation. For instance, section 3 mandates that an annual quota report, as detailed in Action 15 of the Plan, must be submitted to the Department of Agriculture, Water and the Environment by 30 November each year. Similarly, section 4 requires an annual report, as detailed in Action 28, to be submitted by 31 March each year, covering the preceding calendar year.
The obligations under this Act impose clear responsibilities on those involved in commercial kangaroo harvesting. The primary obligation is to ensure all activities comply with the stipulations of the South Australian Commercial Kangaroo Management Plan 2020–2024. This includes adhering to the specified quotas and following the detailed guidelines for the humane and sustainable management of kangaroo populations. Furthermore, the obligation to submit annual reports to the Department of Agriculture, Water and the Environment ensures transparency and accountability in the management and monitoring of commercial kangaroo harvesting activities. These reports are critical for assessing the impact of commercial harvesting on kangaroo populations and the environment, and for making any necessary adjustments to the Plan.
Breaches of the obligations or requirements under the Environment Protection and Biodiversity Conservation Act 1999 can result in significant consequences. While specific penalties are not detailed within the text of the declaration, violations of the Act generally attract civil and/or criminal penalties. These can include fines, imprisonment, or both, depending on the severity and nature of the breach. For example, individuals or entities found to be in non-compliance with the approved wildlife trade management plan could face substantial fines. Additionally, persistent or egregious breaches may result in criminal charges, leading to imprisonment. The exact penalties would be determined based on the specific circumstances of each case and in accordance with the broader provisions of the Act.