Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was enacted to address the need for comprehensive management of wildlife trade, particularly focusing on the conservation of endangered species and ecosystems. The Act was introduced by the Commonwealth Parliament with a policy objective to protect Australia's biodiversity by regulating activities that could potentially harm the environment. In this context, the Act provides a framework for the approval of wildlife trade management plans, ensuring that commercial activities involving wildlife are conducted sustainably and responsibly. The declaration of an approved wildlife trade management plan, such as the Wildlife Trade Management Plan – Queensland Crocodile Farming 1 November 2018–31 October 2023, under section 303FO of the Act, is intended to facilitate the commercial farming of specified species while adhering to stringent conditions that safeguard against overexploitation and ensure compliance with conservation standards.

Scope and Application

The declaration issued under the Environment Protection and Biodiversity Conservation Act 1999, concerning the Wildlife Trade Management Plan – Queensland Crocodile Farming, applies to the commercial farming of saltwater crocodiles within the specified geographic and jurisdictional reach of the Commonwealth of Australia. This legislation ensures that all commercial farming activities adhere to the approved management plan, which sets out strict conditions and requirements that must be met to maintain the sustainability of the species and its habitat. The Plan applies to any person or entity involved in the commercial farming of saltwater crocodiles in Queensland and the Northern Territory, ensuring that they comply with the outlined quotas and sourcing requirements. Notably, the declaration mandates that eggs and young obtained from the Northern Territory must come from approved sources, and those ranched in Queensland must adhere to specified sources and quotas. Furthermore, the annual reporting requirement ensures ongoing compliance and monitoring by the Department of the Environment and Energy. This Act’s provisions extend to the entire period from 1 November 2018 until 31 October 2023, unless the declaration is amended or revoked earlier.

Key Provisions

The primary operative sections of the declared Wildlife Trade Management Plan (Plan) for Queensland Crocodile Farming are outlined in the declaration by Melissa Price, the Minister for the Environment (section 303FO). This declaration approves the Plan as an approved wildlife trade management plan for the specified period, 1 November 2018 to 31 October 2023, and imposes several conditions to ensure the sustainable and legal operation of crocodile farming. The key conditions include adherence to the Plan itself, sourcing requirements for eggs and young crocodiles, compliance with annual quotas for ranched eggs, and the submission of annual reports to the Department of the Environment and Energy by 30 June each year (section 303FT). The obligations and requirements imposed by the Act on the parties involved are comprehensive and specific. Commercial farming activities must strictly follow the guidelines and protocols set out in the approved Plan. This includes detailed procedures for the sourcing of crocodile eggs and young, ensuring that those obtained from the Northern Territory are from sources approved under the Environment Protection and Biodiversity Conservation Act 1999, and that eggs ranched in Queensland are sourced from specified sources outlined in the Plan (section 303FT). Additionally, the Plan mandates strict annual quotas for the number of Saltwater Crocodile eggs that can be ranched in Queensland, and requires the submission of an annual report detailing the previous year's activities to the Department of the Environment and Energy by 30 June each year. Failure to comply with the conditions and requirements set out in the approved Plan can lead to serious consequences. The Act stipulates that breaches of its provisions can result in both civil and criminal penalties. The specific offences, penalties, and consequences for non-compliance are detailed within the Environment Protection and Biodiversity Conservation Act 1999. The Act empowers the enforcement agencies to take action against those found in breach, which may include fines, imprisonment, or both, depending on the severity and nature of the offence. The exact maximum penalties are outlined within the broader legislative framework of the Act, ensuring that there are significant deterrents against non-compliance.