Declaration of an Approved Wildlife Trade Operation (Existing Stocks) for South Pacific Taxidermy Pty Ltd (2023-2026)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is the primary legislation enacted to protect and manage Australia’s environment, including its biodiversity and natural heritage. This Act was introduced to address the need for a comprehensive legal framework that facilitates the protection of environmental values and the sustainable use of natural resources. The Act is administered by the Commonwealth Parliament and its policy objectives include the conservation of Australia's biodiversity, the protection of threatened species and ecological communities, and the management of activities that impact the environment. The legislation aims to ensure that environmental considerations are integrated into decision-making processes at both the federal and state levels.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to the wildlife trade operations of South Pacific Taxidermy Pty Ltd, specifically its export of taxidermy specimens of Australian native wildlife and non-native exotic species. This declaration is applicable to an existing stocks operation, defined by regulation 9A.20(4) and (5) under subsection 303FN(10)(f) of the Act, and is valid for three years from the date of publication on the Federal Register of Legislation. The operation is subject to certain conditions, including the requirement for Mr Gary Pegg to maintain a current Commercial Wildlife (Wildlife Taxidermist) Licence in accordance with the Wildlife Act 1975 (Victoria) and Wildlife Regulations 2013 (Victoria). Additionally, an annual report must be submitted to the Department of Climate Change, Energy, the Environment and Water by 30 May each year detailing the exported specimens, their source, and export destinations. The declaration only covers specimens acquired and recorded by South Pacific Taxidermy Pty Ltd prior to the first gazettal of the small-scale wildlife trade operation on 29 June 2011. The declaration is subject to review by the Administrative Appeals Tribunal and can be challenged under the Freedom of Information Act 1982 (Cth).

Key Provisions

The primary operative sections of this notifiable instrument, as per the Environment Protection and Biodiversity Conservation Act 1999, declare that South Pacific Taxidermy Pty Ltd is approved as an existing stocks wildlife trade operation (subsection 303FN(2)). This approval is limited to the export of taxidermy specimens of Australian native wildlife and non-native exotic species. The operation is subject to the specific conditions outlined in the declaration, which include adherence to the Wildlife Trade Operation plan submitted by the company on 4 April 2023. Furthermore, Mr Gary Pegg, who appears to be a key individual in this operation, is required to maintain a current Commercial Wildlife (Wildlife Taxidermist) Licence under the Wildlife Act 1975 (Victoria) and Wildlife Regulations 2013 (Victoria) (section 303FT). The declaration is valid for three years from the day after its publication, and it covers only those specimens acquired and recorded by South Pacific Taxidermy Pty Ltd prior to the first gazettal of the small-scale wildlife trade operation on 29 June 2011. The obligations and requirements imposed by this Act on South Pacific Taxidermy Pty Ltd and Mr Gary Pegg include strict adherence to the specified conditions of the operation. These conditions mandate that the operation must comply with the Wildlife Trade Operation plan submitted to the Department of Climate Change, Energy, the Environment and Water. Additionally, Mr Gary Pegg must ensure he holds a current Commercial Wildlife (Wildlife Taxidermist) Licence as required by the Wildlife Act 1975 (Victoria) and Wildlife Regulations 2013 (Victoria). An annual report detailing the exported specimens, their sources, and export destinations must be submitted to the Department by 30 May each year. These reports are essential for maintaining transparency and regulatory compliance concerning the wildlife trade operation. In the event of non-compliance with the provisions of this declaration or the underlying Act, various civil and criminal consequences may apply. While the specific penalties are not detailed in the text provided, under the Environment Protection and Biodiversity Conservation Act 1999, breaches of the Act can result in substantial fines and, in severe cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, but they can include financial penalties that are significant enough to act as a deterrent against non-compliance. Further, any failure to submit the required annual reports or to maintain the necessary licences could lead to the revocation of the approval granted by this declaration, effectively halting the wildlife trade operation. Additionally, any party adversely affected by this declaration has the right to seek a review of the decision through the Administrative Appeals Tribunal (AAT), subject to the relevant fees and timelines.