Declaration of an Approved Wildlife Trade Operation (Existing Stocks) for Elasmo-Morph, March 2026

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Parliament of Australia to provide for the protection of the environment, particularly by regulating activities that may have a significant impact on matters of national environmental significance. The Act was introduced to address the need for a comprehensive framework to manage and protect Australia’s biodiversity, endangered species, and other environmental assets of national importance. This legislation aims to ensure that development and other activities are carried out in a manner that is sustainable and does not harm the environment. Under the EPBC Act, the Minister for the Environment and Water has the authority to declare wildlife trade operations, ensuring they comply with national and international standards for the conservation and sustainable use of wildlife. This declaration mechanism is designed to protect endangered species and maintain the ecological balance while allowing for the legitimate trade of wildlife.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) provides a framework for the protection of the environment, including biodiversity and heritage, and the regulation of wildlife trade. The declaration regarding the approval of an existing stocks wildlife trade operation for Elasmo-Morph pertains to the export of preserved, articulated, and restored taxidermy specimens of sharks, rays, and other fishes. This approval applies specifically to Mr. Simone De Marchi's operation, which must comply with the conditions outlined in the declaration. The operation is limited to specimens lawfully taken in and native to Australia, and it excludes certain species, including those listed under sections 178, 209, and 248 of the EPBC Act, those listed on CITES Appendix I, recreationally taken specimens, and those obtained from shark bather protection programs. The operation is subject to maintaining relevant state, territory, and commonwealth permits and requires an annual report on exported specimens to be submitted by 31 August each year. The approval is valid until 17 March 2031, unless amended or revoked. This declaration extends to the Commonwealth jurisdiction, and affected parties have the right to seek reasons for the decision or apply for an independent review within specified timeframes.

Key Provisions

The primary sections of this declaration under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) are sections 303FN and 303FT. Section 303FN(2) allows for the declaration of an approved wildlife trade operation for existing stocks, which in this case pertains to the export of preserved, articulated and restored taxidermy specimens of sharks, rays, and other fishes. Section 303FT sets out the conditions that must be met for this approval. This includes adherence to the application submitted by Mr. Simone De Marchi, maintaining all necessary state, territory, and federal approvals or permits, and ensuring that the specimens are lawfully taken and native to Australia, among other requirements. The obligations imposed on Elasmo-Morph by this declaration are comprehensive. They must comply with the specific conditions outlined in the declaration, such as adhering to the approved application and maintaining all relevant permits and approvals. Furthermore, the operation must ensure that the exported specimens fall within the specified categories, which include only those species for which a positive non-detriment finding is in place and exclude certain types of specimens as detailed in the declaration. Elasmo-Morph is also required to submit an annual report to the Department of Climate Change, Energy, the Environment and Water detailing the exported specimens and their sources. In terms of consequences for non-compliance, breaches of the conditions set forth in this declaration could lead to various penalties. While specific penalties are not detailed in the declaration, the EPBC Act provides for both civil and criminal penalties for violations. Civil penalties can include substantial fines, with the exact amount depending on the nature and severity of the breach. Criminal penalties may apply for more serious violations, potentially resulting in imprisonment. Additionally, the Minister may revoke the approval of the wildlife trade operation if it is found that the operation is not being conducted in accordance with the conditions of the approval. For those whose interests are affected by this declaration, there are avenues for review and appeal. Under section 303GJ(1) of the EPBC Act, an application for an independent review of the decision can be made to the Administrative Review Tribunal (ART) within 28 days of receiving the reasons for the decision or within 28 days of the date of the declaration if reasons for the decision are not sought. The application fee for this review is currently $1,148, though a reduced fee may be applicable due to financial hardship. Furthermore, affected parties can make an application under the Freedom of Information Act 1982 (Cth) to access documents related to the decision.