Overview

The F2017N00063 Notifiable Instrument, enacted in 2017, represents a declaration under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) by the Minister for the Environment and Energy, Josh Frydenberg. This instrument addresses the need to regulate and approve specific small-scale wildlife trade operations, particularly the export of kangaroo skins derived from the expanded Victorian Kangaroo Petfood Trial for the years 2016 to 2018. The enactment is overseen by the Australian Parliament and aligns with the policy objective of ensuring that such wildlife trade operations are conducted in a manner that minimises environmental impact and adheres to humane standards as stipulated in the National Code of Practice for the Humane Shooting of Kangaroos and Wallabies for Commercial Purposes. The declaration specifies conditions under which the proposed operation is approved, including geographical restrictions, species limitations, and a cap on the number of kangaroos to be harvested.

Scope and Application

The F2017N00063 Notifiable Instrument pertains to the approval of a specific wildlife trade operation involving the export of kangaroo skins derived from a trial conducted in certain regions of Victoria. This declaration applies to the proposed operation for the export of skins from the eastern grey kangaroo and the western grey kangaroo, limited to the expanded Pet Food Trial regions of West Wimmera, Glenelg, Loddon, and Greater Bendigo shires. The operation is subject to the approval only during the duration of Phase II of the Victorian Pet Food Trial, which expires on 31 March 2018, and is contingent on the total harvest not exceeding 10,000 kangaroos. The operation must adhere to the National Code of Practice for the Humane Shooting of Kangaroos and Wallabies for Commercial Purposes. Furthermore, an annual report must be submitted to the Director, Wildlife Trade Assessments Section, detailing the number of kangaroos harvested and processed, the number of skins exported, and a declaration of compliance with the relevant code.

Key Provisions

The legislation, F2017N00063, declares an approved wildlife trade operation under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act). Specifically, Section 1 (1) confirms that the proposal for the export of kangaroo skins from the Victorian Petfood Trial in certain regions, specifically the West Wimmera, Glenelg, Loddon and Greater Bendigo shires, is approved as a small-scale wildlife trade operation (Section 303FN of the EPBC Act). This declaration is subject to several conditions outlined in Section 2, which includes the limitation to Phase II of the Victorian Pet Food Trial until 31 March 2018, and only applies to skins from the eastern grey kangaroo (Macropus giganteus) and western grey kangaroo (Macropus fuliginosus). Furthermore, the operation must adhere strictly to the terms of the proposal, the designated harvesting area, and the cap of 10,000 kangaroos for the Victorian Petfood Processors in the specified regions. The approved operation imposes specific obligations on the parties involved, including the requirement to carry out the harvest as per the outlined proposal. This entails ensuring that all operations are confined to the specified regions and that the total number of kangaroos harvested does not surpass the stipulated limit of 10,000. Additionally, the operation must comply with the National Code of Practice for the Humane Shooting of Kangaroos and Wallabies for Commercial Purposes. The necessity to submit an annual report to the Director of the Wildlife Trade Assessments Section, detailing the number of tags issued and returned, the number and origin of skins processed and exported, and a declaration of compliance with the aforementioned Code, is also a critical obligation. Breach of the conditions set forth in this legislation could result in various consequences. While the specific penalties are not detailed within the text, under the EPBC Act, violations generally lead to both civil and criminal penalties. Civil penalties can include substantial fines, while criminal penalties may encompass imprisonment, depending on the severity and nature of the breach. These consequences underscore the importance of strict compliance with the terms and conditions of the approved wildlife trade operation.