Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted to provide for the protection of the environment, particularly the biodiversity and heritage values, by controlling actions that have, had, or are likely to have a significant impact on the environment. This Act aims to fill the gap in comprehensive environmental protection by integrating biodiversity conservation and sustainable use into decision-making processes. The policy objective of the Act is to ensure that activities which may impact the environment are assessed and managed appropriately to avoid, mitigate, or offset any significant adverse effects. The declaration of an approved wildlife trade operation, such as the Countrywide Pet Foods Wildlife Trade Operation for the export of kangaroo skins derived under the Victorian Pet Food Trial, exemplifies the Act's role in regulating and monitoring wildlife trade to ensure compliance with national standards and international obligations. This declaration, made by the Minister for the Environment, Greg Hunt, outlines specific conditions and reporting requirements to ensure the operation is conducted sustainably and humanely.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) is a comprehensive piece of legislation that governs the protection of the environment and biodiversity in Australia. In this context, the Act facilitates the declaration of approved wildlife trade operations, ensuring that they comply with stringent environmental and ethical standards. The declaration in question pertains to the Countrywide Pet Foods Wildlife Trade Operation, which is authorised to export kangaroo skins derived from the Victorian Pet Food Trial. This operation is specifically limited to the processing and export of skins from Eastern and Western Grey Kangaroos, taken under the trial, and must adhere to the terms set out in the declaration. The operation is subject to several conditions, including the requirement to submit an annual report detailing the number of tags issued and returned, the number of skins processed and exported, and a declaration that all kangaroos were taken in accordance with the National Code for the Humane Shooting of Kangaroos and Wallabies for Commercial Purposes. Importantly, the operation is valid only until 31 March 2017, and any kangaroo skins acquired prior to the gazettal of the operation cannot be used for export under this declaration. This legislation ensures that wildlife trade operations are conducted in a manner that protects Australia's biodiversity and adheres to humane and ethical standards.

Key Provisions

The main sections of the declaration include the validation of the Countrywide Pet Foods Wildlife Trade Operation (s. 1(a)) and the conditions under which it is approved (s. 1(b)). The operation is declared to be an approved wildlife trade operation, valid until 31 March 2017, and it applies only to the processing of skins from Eastern and Western Grey Kangaroos derived from the Victorian Pet Food Trial (s. 1(b)(a)-(b)). Furthermore, the declaration specifies that an annual report must be submitted to the Department of the Environment by 31 March each year, detailing the number of kangaroo skins processed and exported, the number of tags issued and returned, and confirming compliance with the National Code for the Humane Shooting of Kangaroos and Wallabies for Commercial Purposes (s. 1(b)(c)). The operation must adhere to the prescribed guidelines, and kangaroo skins acquired before the operation's gazettal cannot be used for export under this operation (s. 1(b)(d)-(e)). The obligations imposed by the Act on the parties involved are primarily centered on compliance with the specified conditions of the approved wildlife trade operation. The operation must ensure that all kangaroos are taken in accordance with the National Code for the Humane Shooting of Kangaroos and Wallabies for Commercial Purposes (s. 1(b)(c)). Additionally, an annual report detailing the number of kangaroo skins processed, exported, and the number of tags issued and returned must be submitted to the Department of the Environment by 31 March each year (s. 1(b)(c)). The operation is also required to refrain from using kangaroo skins acquired before the operation's gazettal for export purposes (s. 1(b)(e)). Failure to comply with the conditions of the approved wildlife trade operation may result in various consequences as outlined in the EPBC Act. While the specific penalties for breach are not detailed in this declaration, breaches of the Act can lead to both civil and criminal penalties. Civil penalties may include fines, and in more severe cases, criminal penalties such as imprisonment may be imposed. The exact penalties depend on the nature and severity of the breach, as well as any relevant provisions within the broader framework of the EPBC Act.