Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was enacted to address the need for a comprehensive framework to protect Australia’s biodiversity and environment, including the regulation of wildlife trade. This legislation was introduced by the Commonwealth Parliament to ensure that wildlife trade is managed in a way that is sustainable and does not threaten the survival of any species. The policy objective behind the Act is to conserve biodiversity and manage and protect the natural and cultural heritage of Australia, while also considering the economic, social, and cultural values of biodiversity. In 2013, Minister for Sustainability, Environment, Water, Populations and Communities, Tony Burke, declared the South Australian Kangaroo Management Plan 2013‒17 as an Approved Wildlife Trade Management Plan under section 303FO(2) of the Act, following the consideration of public comments and satisfaction with the requirements of sections 303FO(3) and 303FO(4). This declaration is subject to conditions that ensure the commercial harvest of specified kangaroo species is conducted in accordance with the Plan, with annual reporting requirements and a defined period of application from 1 January 2013 until 31 December 2017.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) serves as a key legislative framework in Australia for the protection and conservation of biodiversity, including the regulation of wildlife trade. The South Australian Kangaroo Management Plan 2013‒17 has been declared an Approved Wildlife Trade Management Plan under section 303FO(2) of the EPBC Act, subject to the conditions set out by the Minister. This declaration applies specifically to the commercial harvest of red kangaroos, western grey kangaroos, and euros within South Australia, and mandates that such activities must align with the provisions outlined in the approved Plan. The declaration is effective from 1 January 2013 until 31 December 2017, or until superseded by another approved plan. Additionally, the declaration requires an annual report on the commercial harvest activities to be submitted to the Department of Sustainability, Environment, Water, Population and Communities by 31 March each year. The geographic scope of this legislation is limited to South Australia, and it does not extend to other states or territories unless similarly declared under the EPBC Act.

Key Provisions

The main provisions of the declaration (sections 303FO(3), 303FO(4) and 303FT) involve the approval of the South Australian Kangaroo Management Plan 2013–17 as an Approved Wildlife Trade Management Plan under section 303FO(2) of the Environment Protection and Biodiversity Conservation Act 1999. This approval mandates that any commercial harvest of specified kangaroo species – red kangaroos (Macropus rufus), western grey kangaroos (Macropus fuliginosus), and euros (Macropus robustus) – must adhere strictly to the guidelines and practices outlined in the Plan. The declaration is subject to conditions, including the submission of an annual report by 31 March each year, covering the previous calendar year, and the obligation that the Plan's declaration remains in effect until 31 December 2017 or until superseded by another approved management plan. The obligations imposed by the declaration on the parties involved, primarily the Department of Sustainability, Environment, Water, Population and Communities, are to ensure compliance with the South Australian Kangaroo Management Plan 2013–17. This includes overseeing the commercial harvest activities of the specified kangaroo species and the preparation and submission of the annual report as per Action 27 of the Plan. The declaration also entails monitoring the implementation of the Plan to maintain its approved status and to ensure that all activities are conducted in line with the environmental and biodiversity protection objectives of the Act. In terms of potential breaches and consequences, the Environment Protection and Biodiversity Conservation Act 1999 does not explicitly detail offences, penalties, or civil/criminal consequences directly within the declaration text. However, non-compliance with the approved management plan or failure to submit the required annual report could lead to regulatory action under the broader provisions of the Act. These actions might include enforcement notices, fines, or other penalties as prescribed by the Act. The specific penalties for breaches would be determined in accordance with the general enforcement and compliance mechanisms provided by the Act.