DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION
1. I, Josh Frydenberg, Minister for the Environment and Energy:
(a) having considered the comments that were given in response to an invitation under section 303FR(1) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act); and
(b) being satisfied as to the matters set out in section 303FN of the EPBC Act,
declare that the Proposed wildlife trade operation for the export of kangaroo skins derived from the expanded Victorian Kangaroo Petfood Trial 2016–18 (West Wimmera, Glenelg, Loddon and Greater Bendigo shires) (the proposal), is an approved existing stocks wildlife trade operation for the purposes of section 303FN of the EPBC Act.
2. The proposal is subject to the declaration in paragraph 1 only:
(a) for stocks harvested between commencement of Phase II of the Victorian Pet Food Trial (i.e. from 18 September 2016) and this declaration taking effect;
(b) to the extent that the proposal relates to specimens from the following species:
(i) eastern grey kangaroo (Macropus giganteus)
(ii) western grey kangaroo (Macropus fuliginosus);
(c) if the harvest referred to in the proposal was carried out in accordance with the proposal;
(d) if the harvesting area was restricted to the expanded Pet Food Trial regions of West Wimmera, Glenelg, Loddon and Greater Bendigo shires; and
(e) if the total harvest for Victorian Petfood Processors in the above regions does not exceed 10,000 kangaroos, including skins harvested under the small-scale wildlife trade operation that takes effect from the date of this declaration.
3. A report must be submitted to the Director, Wildlife Trade Assessments Section, Department of the Environment and Energy by 31 March annually, detailing the number of tags issued and returned under each Authority to Control Wildlife permit, the number and origin of skins processed and exported, and provide a declaration that all kangaroos have been taken in compliance with the National Code of Practice for the Humane Shooting of Kangaroos and Wallabies for Commercial Purposes.
Dated this 4thday of August 2017
Josh Frydenberg
Overview
The F2017N00064 Notifiable Instrument, enacted in 2017, is a declaration made by the Minister for the Environment and Energy, Josh Frydenberg, under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act). This legislation addresses the need to regulate and approve wildlife trade operations in a manner consistent with Australia's environmental protection laws. The policy objective is to ensure that the export of kangaroo skins derived from the expanded Victorian Kangaroo Petfood Trial 2016–18 adheres to strict guidelines, particularly concerning humane harvesting practices and sustainable population management. The declaration specifically approves the proposed wildlife trade operation for the export of kangaroo skins from the identified trial regions, contingent upon compliance with detailed conditions including geographical limitations, species-specific criteria, and an annual reporting requirement to verify adherence to the National Code of Practice for the Humane Shooting of Kangaroos and Wallabies for Commercial Purposes.
Scope and Application
This legislation pertains to the approval of a specific wildlife trade operation involving the export of kangaroo skins derived from the expanded Victorian Kangaroo Petfood Trial in designated regions. The operation is confined to the harvest of skins from two specified kangaroo species: the eastern grey kangaroo (Macropus giganteus) and the western grey kangaroo (Macropus fuliginosus). This approval is valid only for stocks harvested from the start of Phase II of the Victorian Pet Food Trial on 18 September 2016, up until the date of this declaration, and is contingent upon the harvest being conducted in accordance with the proposed method. Furthermore, the operation must be restricted to the West Wimmera, Glenelg, Loddon, and Greater Bendigo shires, and the total harvest for Victorian Petfood Processors in these regions must not exceed 10,000 kangaroos. The Act mandates an annual report submission detailing the number of tags issued and returned, the number and origin of skins processed and exported, and a declaration that all kangaroos have been harvested in compliance with the National Code of Practice for the Humane Shooting of Kangaroos and Wallabies for Commercial Purposes.
Key Provisions
The key provisions of the notifiable instrument revolve around the approval of a specific wildlife trade operation concerning the export of kangaroo skins. Section 1 of the instrument declares the proposed wildlife trade operation as an approved existing stocks wildlife trade operation, subject to certain conditions and limitations. Specifically, the operation pertains to the export of kangaroo skins derived from the expanded Victorian Kangaroo Petfood Trial 2016-18, focusing on the regions of West Wimmera, Glenelg, Loddon, and Greater Bendigo shires. The approval is conditional upon the stocks being harvested from the commencement of Phase II of the trial, dated 18 September 2016, and the total harvest not exceeding 10,000 kangaroos for the specified regions.
The obligations imposed by the Act include strict adherence to the conditions set forth in the declaration. The operation must pertain only to the eastern grey kangaroo (Macropus giganteus) and the western grey kangaroo (Macropus fuliginosus). Additionally, the harvesting must comply with the proposal and be restricted to the designated trial areas. The parties involved must also ensure that the harvest is conducted in accordance with the National Code of Practice for the Humane Shooting of Kangaroos and Wallabies for Commercial Purposes.
Failure to comply with the terms and conditions outlined in the Act could result in significant consequences. While the notifiable instrument does not explicitly detail the penalties for breach, under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), violations could potentially lead to fines and other enforcement actions. The EPBC Act allows for substantial penalties, including fines up to the greater of $525,000 or three times the benefit obtained from the breach, and in the case of corporations, up to $2.1 million or ten times the benefit obtained. Additionally, individuals involved in the operation may face imprisonment terms as specified under the relevant sections of the Act.