COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN
APPROVED WILDLIFE TRADE OPERATION
I, Nathan Hanna, A/g Assistant Secretary, Wildlife Trade and Biosecurity, as Delegate of the Minister for the Environment under the Environment Protection and Biodiversity
Conservation Act 1999, am satisfied that an operation to harvest and export Australian native invertebrates by Jack and Sue Hasenpusch of the Australian Insect Farm, is a small-scale
operation as defined by regulation 9A.20 under subsection 303FN(10). I declare under
subsection 303FN(2) that the Australian Insect Farm is an Approved Wildlife Trade
Operation.
This declaration has effect subject to the following conditions applied under S303FT:
- The operation is undertaken in accordance with the proposal submitted by the
Australian Insect Farm and revised on 30 March 2015. - Only specimens from species that have been named and described in a scientific
publication can be exported. - Initially only specimens from the list of species approved under the wildlife trade
operation are eligible for export permit application. Additional species and families
may only be exported with the prior approval of the Department. - Accurate records must be maintained and kept up-to-date and include all information necessary for the reporting outlined in condition 5. If requested, records will be made available to the Department of the Environment.
- An annual report is to be provided to the Department of the Environment, as per
Section 8 of the proposal. - If requested by the Department of the Environment, the Australian Insect Farm will
provide reports at other times of the year on a timely basis. - This declaration is valid for 3 years from the date of gazettal.
Dated this .....6th........ day of ..........July................. 2015
............................ Nathan Hanna..........................................
Delegate of the Minister for the Environment
Administrative Appeals Tribunal (AAT), on payment of the relevant fee (currently $861 or reduced fee where applicable due to financial hardship) by the applicant, either within 28 days of receipt of the reasons for the
decision, or within 28 days of this declaration if reasons for the decision are not sought. Applications should be
made to the Deputy Registrar, AAT in your Capital City. Please visit the AAT’s website at
http://www.aat.gov.au/ for further information.
You may make an application under the Freedom of Information Act 1982 (Cth) to access documents relevant to
this decision. For further information, please visit http://www.environment.gov.au/foi/index.html.
Further enquiries should be directed to: Director of Wildlife Trade Assessments, Department of the
Environment, Telephone: (02) 6274 2880 Email: wta@environment.gov.au
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Parliament of Australia to address the need for a comprehensive and integrated approach to environmental protection and biodiversity conservation. This Act aims to safeguard Australia's unique biodiversity and natural heritage by providing a robust framework for the assessment and approval of activities that may impact the environment, including wildlife trade operations. The Act establishes a national system for the protection of the environment, heritage places, and wildlife, ensuring that developments are undertaken in a sustainable manner. The declaration of an Approved Wildlife Trade Operation under this Act signifies that the specified operation complies with the regulatory requirements and conditions, facilitating the sustainable and legal trade of native species. The policy objective is to balance economic activities with the preservation of Australia's ecological integrity and biodiversity.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to a broad spectrum of entities and individuals involved in activities that may impact Australia's biodiversity and environment. Specifically, the Act governs operations related to the trade of wildlife, including the export of native species, and it encompasses any person or entity, such as the Australian Insect Farm in this instance, that engages in such activities. The geographic reach of this legislation is national, as it is a Commonwealth Act, thereby extending its application across all states and territories of Australia. The declaration of an approved wildlife trade operation, as evidenced in the gazetted document, is subject to certain conditions which must be met to ensure compliance with environmental protection standards. Exclusions and exemptions from the Act's application are determined through specific regulations and the proposal submitted by the operation, with the flexibility to include additional species for export subject to prior departmental approval. The application of the Act is further extended or restricted through subordinate instruments, such as regulations and ministerial declarations, which provide detailed guidelines and conditions for specific operations.
Key Provisions
The key provisions of the declaration for the Australian Insect Farm's wildlife trade operation are outlined in sections 303FN and 303FT of the Environment Protection and Biodiversity Conservation Act 1999. Section 303FN(2) declares the farm as an Approved Wildlife Trade Operation, and section 303FT stipulates the conditions under which this declaration is valid. These conditions include adherence to the specific proposal submitted and revised on 30 March 2015, the requirement that only named and scientifically described species can be exported, and the necessity for accurate record-keeping. Additionally, an annual report must be submitted to the Department of the Environment as per the proposal, and the operation is subject to the declaration's validity for three years from the date of gazettal.
The obligations imposed on the Australian Insect Farm under this declaration are stringent and multifaceted. Primarily, the farm must ensure that all operations are conducted in strict accordance with the approved proposal. This includes the limitation of exportable species to those that have been scientifically named and published. The farm must also maintain accurate and up-to-date records, which must include all necessary information for reporting purposes. Any requests from the Department of the Environment for these records must be promptly fulfilled. Additionally, the farm is obligated to submit an annual report to the Department and provide ad-hoc reports as requested, ensuring transparency and compliance with the regulatory framework.
Failure to comply with the conditions set out in the declaration may result in severe consequences. While the specific offences, penalties, or civil/criminal consequences are not detailed within the text, breaches of environmental legislation such as the Environment Protection and Biodiversity Conservation Act 1999 can lead to penalties under various sections of the Act. Generally, these penalties can include fines and, in severe cases, criminal charges. For instance, unauthorized trade in protected species can attract significant financial penalties, and continued non-compliance may lead to legal action. It is essential for the Australian Insect Farm to adhere strictly to the conditions to avoid these potential repercussions.