Declaration of an Approved Wildlife Trade Operation - Australian Insect Farm

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the need for comprehensive environmental protection and biodiversity conservation measures in Australia. This Act, established by the Commonwealth Parliament, aims to safeguard the environment and manage biodiversity effectively. The Act provides a framework for the conservation and sustainable use of Australia’s biodiversity, ensuring that operations impacting the environment are properly regulated. This legislative instrument specifically focuses on declaring a wildlife trade operation as approved, subject to certain conditions to ensure compliance with environmental standards and reporting requirements. The declaration, issued by a delegate of the Minister, aims to facilitate small-scale operations while maintaining stringent controls to protect native species and their habitats.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to a wide range of entities, including individuals, corporations, and other legal persons, that are involved in activities that have, or potentially could have, a significant impact on matters of national environmental significance. This includes activities that involve the trade of native wildlife, such as the operation of wildlife farms like the Australian Insect Farm. The Act has a national reach, applying across the Commonwealth of Australia and is enforced by the Department of Sustainability, Environment, Water, Population and Communities. Certain exemptions and exclusions may apply based on the size and nature of the operation, such as small-scale operations defined under regulation 9A.20. The Act also allows for the extension or restriction of its application through subordinate instruments, which may include regulations and guidelines issued by the Department. In this particular case, the declaration of an Approved Wildlife Trade Operation for the Australian Insect Farm is subject to specific conditions, including adherence to the proposal submitted, accurate record-keeping, and the provision of annual and ad-hoc reports to the Department. This declaration is valid from 1 January 2013 to 31 December 2015 and is subject to review and appeal processes under the Administrative Appeals Tribunal Act 1975.

Key Provisions

The main provisions of this declaration (under section 303FN of the Environment Protection and Biodiversity Conservation Act 1999) identify the Australian Insect Farm, operated by Jack and Sue Hasenpusch, as an Approved Wildlife Trade Operation, effective from 1 January 2013 to 31 December 2015. This operation is recognised as a small-scale activity under regulation 9A.20 as per subsection 303FN(10). The operation must strictly adhere to the proposal submitted and revised on 11 September 2012. A crucial aspect of this declaration is that only specimens from species that have been named and described in a scientific publication can be exported. Additionally, the operation must maintain accurate and up-to-date records, which must include all necessary information for the reporting specified in condition 4 of the declaration. These records should be made available to the Department of Sustainability, Environment, Water, Population and Communities upon request. Furthermore, an annual report must be provided to the Department, in line with Section 8 of the proposal. The Australian Insect Farm is also required to provide additional reports at the Department's request, on a timely basis. The obligations imposed on the Australian Insect Farm by this declaration include adhering to the specific proposal submitted and revised on 11 September 2012. They must only export specimens from species that have been scientifically named and described. The farm must maintain and keep up-to-date accurate records, which must include all necessary information for the reporting specified in condition 4 of the declaration. These records must be made available to the Department of Sustainability, Environment, Water, Population and Communities upon request. Additionally, an annual report must be submitted to the Department, as per Section 8 of the proposal. The farm is also required to provide additional reports to the Department at the Department's request, on a timely basis. Failure to meet these obligations may result in the operation losing its Approved Wildlife Trade Operation status and facing potential legal consequences. Breach of the conditions outlined in the declaration can lead to various civil and criminal consequences. For instance, failure to adhere to the proposal, exporting specimens from species not scientifically named and described, or not maintaining accurate and up-to-date records can result in the operation losing its Approved Wildlife Trade Operation status. Additionally, failure to provide reports to the Department as required can lead to further legal actions. While the specific maximum penalties for breaches of the Act are not detailed in the declaration, they can include substantial fines and potential imprisonment for serious offences, as per the general provisions of the Environment Protection and Biodiversity Conservation Act 1999. It is essential for the Australian Insect Farm to comply with all conditions to avoid these severe consequences.