COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION FOR THE HARVEST AND COMMERCIAL EXPORT OF WALLABY PRODUCTS
FROM TASMANIA
I, SUSSAN LEY, Minister for the Environment:
(a) having noted that no public comments were received in response to an invitation under section 303FR(1) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act); and
(b) being satisfied as to those matters set out in section 303FN of the EPBC Act,
declare that the Wildlife Trade Operation for the Harvest and Commercial Export of Wallaby Products from Tasmania (the operation) is an approved wildlife trade operation for the purposes of section 303FN of the EPBC Act.
Unless amended or revoked, this declaration has effect subject to the following conditions applied under section 303FT:
- The wildlife trade operation is valid for three years from its date of registration on the Federal Register of Legislation.
2. The wildlife trade operation relates to the processing of meat, skins and fur (fibre) only from Bennett's Wallaby (Macropus rufogriseus) and Tasmanian Pademelon (Thylogale billardierii).
3. An annual report must be submitted to Wildlife Trade Assessments, Department of Agriculture, Water and the Environment by 30 April each year. The annual report will cover the preceding calendar year.
4. The harvest referred to must be carried out in accordance with the Wildlife Trade Operation for the Harvest and Commercial Export of Wallaby Products from Tasmania.
Dated this …12th..…. day of ……May…….. 2020
………Sussan Ley……….
Minister for the Environment
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) was enacted to address the need for a comprehensive framework to protect and manage Australia's biodiversity and significant environmental assets. This legislation was introduced by the Commonwealth Parliament with the primary objective of conserving biodiversity, ecological processes, and heritage values, and providing a mechanism for the assessment and approval of activities that may impact the environment. In this context, the declaration of an approved wildlife trade operation for the harvest and commercial export of wallaby products from Tasmania is a specific application of the EPBC Act to ensure that such activities are conducted sustainably and in compliance with environmental standards. The declared operation, concerning the processing of meat, skins, and fur from Bennett's Wallaby and Tasmanian Pademelon, is subject to stringent conditions aimed at maintaining ecological balance while allowing for controlled commercial activities.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (Cth) applies to this declaration of an approved wildlife trade operation, which is specifically for the harvest and commercial export of wallaby products from Tasmania. This Act is a Commonwealth legislation that aims to protect and manage Australia's biodiversity and environment, and it applies to all persons, entities, and industries engaged in activities that may impact the environment or endangered species. The declared wildlife trade operation pertains to the processing of meat, skins, and fur from Bennett's Wallaby and Tasmanian Pademelon, and is valid for three years from its date of registration on the Federal Register of Legislation. An annual report must be submitted to the Department of Agriculture, Water and the Environment by 30 April each year. The Act's jurisdiction extends across the Commonwealth of Australia, and it is subject to any subordinate instruments or regulations that may be issued under the EPBC Act. There are no exclusions, exemptions, or thresholds mentioned in the declaration.
Key Provisions
The key operative sections of the declaration specify several crucial conditions that govern the approved wildlife trade operation for the harvest and commercial export of wallaby products from Tasmania. Firstly, Section 303FT establishes that the operation is valid for three years from its date of registration on the Federal Register of Legislation, as stated in section 2 of the declaration. This provides a clear timeframe for the operation's validity. Section 3 of the declaration details that the operation pertains solely to the processing of meat, skins, and fur (fibre) from Bennett's Wallaby and Tasmanian Pademelon. This limitation ensures the operation's scope is well-defined and focused on specific species.
The obligations imposed by this Act require entities involved in the wildlife trade operation to adhere to the outlined conditions. Primarily, an annual report must be submitted to Wildlife Trade Assessments, Department of Agriculture, Water and the Environment by 30 April each year, as specified in section 3. This report should cover activities from the preceding calendar year and ensures transparency and accountability in the operation's activities. Additionally, the harvest of wallabies must comply with the guidelines set forth in the Wildlife Trade Operation for the Harvest and Commercial Export of Wallaby Products from Tasmania, as stated in section 4. This mandates strict adherence to prescribed practices to ensure sustainable and ethical harvesting methods.
Breach of the conditions outlined in the declaration can lead to significant consequences. Although the specific offences and penalties are not detailed within the declaration itself, the overarching Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) provides a framework for enforcement. Under the EPBC Act, violations of wildlife trade regulations can result in both civil and criminal penalties. Civil penalties may include substantial fines, while criminal penalties could lead to imprisonment, depending on the severity of the breach. The exact penalties would be determined by the courts based on the specific nature and impact of the violation.