Overview

The F2016N00029 (Notifiable instrument) is a declaration made by Josh Frydenberg, Minister for the Environment and Energy, under section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (Cth). This Act, enacted in 1999 by the Australian Parliament, aims to protect and manage Australia's biodiversity and natural heritage. The notifiable instrument addresses the specific issue of the export of kangaroo skins derived from kangaroos processed during the extension of the Victorian Kangaroo Pet Food Trial, ensuring that such trade is conducted in a sustainable and humane manner. The declaration outlines conditions for the approval of the wildlife trade operation, including geographical and numerical restrictions, and mandates an annual report detailing the activities under the approved operation. The policy objective is to balance economic interests with the conservation and humane treatment of wildlife.

Scope and Application

The Notifiable Instrument F2016N00029, which pertains to the declaration of an approved wildlife trade operation, applies specifically to the export of kangaroo skins derived from kangaroos processed during the extension of the Victorian Kangaroo Pet Food Trial. This legislation is governed by section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) and applies to the species Eastern Grey Kangaroo and Western Grey Kangaroo within the specified harvesting areas of Hume and Grampians under the extended trial period. The approval is contingent upon the total harvest not exceeding 30,000 kangaroos and excludes the use of kangaroo skins acquired prior to the gazettal of the Wildlife Trade Operation for export. The geographic reach of this legislation is Commonwealth, as it falls under the purview of the federal EPBC Act. The Act requires an annual report to be submitted to the Director, Wildlife Trade Assessments Section, detailing compliance with the National Code of Practice for the Humane Shooting of Kangaroos and Wallabies for Commercial Purposes. This report must be submitted by 31 March each year and include information on the number of tags issued and returned, the number and origin of skins processed and exported, and a declaration of compliance with the relevant national code.

Key Provisions

The main operative sections of this legislation (F2016N00029) declare that the proposal for the export of kangaroo skins derived from kangaroos processed during the extension of the Victorian Kangaroo Pet Food Trial is approved as a wildlife trade operation under section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (1). This approval is subject to certain conditions, including the restriction that the proposal only applies until 12 months after the Victorian Pet Food Trial expires (i.e. until 31 March 2019) (2(a)), and that it relates specifically to specimens from the Eastern Grey Kangaroo and the Western Grey Kangaroo (2(b)(i) and (ii)). Additionally, the proposal must comply with several stipulations: the harvest must be carried out according to the proposal (2(c)), the harvesting area must be limited to the Pet Food Trial regions of Hume and Grampians (2(d)), the total harvest must not exceed 30,000 kangaroos (2(e)), and kangaroo skins acquired before the gazettal of the Wildlife Trade Operation must not be used for export under the proposal (2(f)). The Act imposes several obligations and requirements on the parties involved. Firstly, it mandates the submission of an annual report by 31 March to the Director, Wildlife Trade Assessments Section, Department of the Environment and Energy. This report must detail the number of tags issued and returned under each Authority to Control Wildlife permit, the number and origin of skins processed and exported, and include a declaration that all kangaroos have been taken in compliance with the National Code of Practice for the Humane Shooting of Kangaroos and Wallabies for Commercial Purposes (3). These reporting obligations ensure transparency and adherence to the prescribed conditions of the wildlife trade operation. Breaching the provisions of this legislation can result in civil and criminal consequences. While the specific penalties are not detailed within the text of this notifiable instrument, breaches of the EPBC Act generally can attract significant penalties. For example, individuals and corporations found guilty of contravening the Act could face substantial fines and, in more severe cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any relevant case law or statutory provisions that apply. The overarching intent is to enforce compliance with environmental protection and biodiversity conservation measures, thereby safeguarding the welfare of the species involved and maintaining ecological balance.