Declaration of an Approved Wildlife Trade Operation – Australian Insect Farm – Invertebrates, 2021

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive environmental protection and biodiversity conservation in Australia. This legislation provides a framework for the protection of the environment, particularly by regulating activities that may have a significant impact on the environment, including the trade of wildlife. The Act aims to conserve Australia's biodiversity and its associated values, ecosystems, and heritage, as well as to protect and enhance Australia's environment. The Commonwealth Parliament enacted this Act to provide a unified and coordinated approach to environmental protection and biodiversity conservation, ensuring that activities potentially affecting the environment are assessed and managed appropriately. The policy objective of the EPBC Act is to promote the sustainable use of natural resources and to prevent environmental degradation while supporting economic and social development.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) governs the approval of wildlife trade operations, including the export of Australian native insects, with specific provisions that apply to operations such as that of the Australian Insect Farm. This legislation applies to entities engaged in the commercial export of invertebrates and mandates compliance with specific conditions to mitigate potential environmental impacts. The declaration of an approved small-scale wildlife trade operation, as evidenced by the example of the Australian Insect Farm, is valid for three years from the date of registration on the Federal Register of Legislation, provided the conditions outlined in the schedule of the declaration are adhered to. These conditions include strict adherence to the proposed harvest methods, restriction of exports to taxa specified in the proposal, and the requirement for accurate record-keeping and annual reporting to the Department of Agriculture, Water and the Environment. The scope of the Act extends nationally, and any person whose interests are affected by the declaration has the right to seek reasons for the decision and apply for an independent review by the Administrative Appeals Tribunal. The Act also provides mechanisms for access to relevant documents under the Freedom of Information Act 1982 (Cth).

Key Provisions

The legislation, declared under section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), pertains to the approval of a small-scale wildlife trade operation for the commercial export of Australian native insects by the Australian Insect Farm. This declaration (sections 1 and 2) is effective for three years from its registration on the Federal Register of Legislation, provided that the specified conditions in the attached Schedule are adhered to. The operation is approved based on the proposal submitted by Ms Sue Hasenpusch on behalf of the Australian Insect Farm. The obligations imposed by this legislation are detailed within the Schedule, which sets forth specific conditions for the operation. Condition 1 mandates that the operation must align with the proposal submitted by Ms Hasenpusch. Condition 2 restricts the harvest to taxa specified in the schedule provided by the Australian Insect Farm, with additional taxa exportable only upon application and subsequent approval by the Department of Agriculture, Water and the Environment. Condition 3 further stipulates that only specimens from taxa that have been named and described in scientific publications can be exported. Accurate record-keeping is mandated by Condition 4, requiring the maintenance of up-to-date records that include all necessary information for reporting, as outlined in Condition 5. Condition 5 requires the Australian Insect Farm to submit an annual report by 31 May each year, detailing harvest information by species and month for each property, along with any additional reports on specific taxa as requested by the Department. The Act does not explicitly outline offences, penalties, or consequences for breach within the text provided. However, breaches of the conditions set forth in the Schedule could potentially lead to revocation of the approval, legal action, or other regulatory measures under the EPBC Act or other relevant legislation. The declaration provides avenues for review and appeal, allowing those whose interests are affected by the decision to apply for reasons for the decision from the Department of Agriculture, Water and the Environment, and to seek an independent review from the Administrative Appeals Tribunal within 28 days of receiving the reasons for the decision or the declaration itself.