Declaration of an Approved Wildlife Trade Operation - Jardini Pty Ltd [2]

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Commonwealth Parliament to address the need for a coordinated national approach to the protection of the environment, particularly in relation to matters of national environmental significance. This legislation aims to safeguard Australia's biodiversity and heritage by providing a framework for the assessment and approval of activities that may impact the environment. The declaration of an approved wildlife trade operation, as exemplified in the notifiable instrument F2017N00015, serves to ensure that such operations comply with the stringent environmental standards set forth under the EPBC Act. The policy objective of this declaration is to facilitate the sustainable management of wildlife trade while protecting native species and their habitats.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to entities and individuals involved in wildlife trade operations within the Commonwealth of Australia, including Jardini Pty Ltd, which has been identified as an existing stocks wildlife trade operation for the harvest of Neoceratodus forsteri (Australian Lungfish) from Queensland waters. This Act, administered by the Minister for the Environment and Energy, has been used to declare Jardini Pty Ltd’s operations as approved, subject to specific conditions and timeframes, in this instance from October 2016 to November 2016. The declaration process involves public consultation and consideration of relevant factors, including those outlined in sections 303FN(3) and 303FN(4) of the Act. The Act extends its jurisdiction across the nation, ensuring that wildlife trade operations comply with federal environmental standards and conservation objectives. Additionally, the Act allows for certain exclusions, exemptions, or thresholds to be established through subordinate instruments, thereby providing flexibility in its application. Affected parties have the right to seek review of the decision by the Administrative Appeals Tribunal or to apply for access to related documents under the Freedom of Information Act 1982.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999, as evidenced in the notifiable instrument F2017N00015, outlines specific sections pertinent to the declaration of an approved wildlife trade operation. Section 303FR requires the consideration of public comments, while section 303FN(3) and (4) detail the matters the delegate must be satisfied with and take into account, respectively. The declaration (Regulation 9A.20(5)) identifies Jardini Pty Ltd as an existing stocks wildlife trade operation for the harvest of Neoceratodus forsteri (Australian Lungfish) from Queensland waters within a specified timeframe. The declaration is made by Paul Murphy, the Assistant Secretary of the Wildlife Trade and Biosecurity Branch, acting as the delegate of the Minister for the Environment and Energy. Under the Act, Jardini Pty Ltd, as an approved wildlife trade operation, must adhere to specific obligations and requirements. These include ensuring that the harvest of Australian Lungfish complies with all relevant regulations and permits. The operation must also maintain records and documentation of its activities and be subject to regular inspections and compliance checks by the Department of the Environment and Energy. Furthermore, Jardini Pty Ltd must engage in practices that do not negatively impact the conservation status of the species, adhering to the guidelines set forth in the Act. The Act imposes various consequences for breaches of its provisions. Any entity or individual found to be in violation of the declared requirements may face civil or criminal penalties. For example, under section 303GJ of the Act, an application for an independent review can be made to the Administrative Appeals Tribunal (AAT) if a party is aggrieved by the decision. The penalty for non-compliance can include fines and other sanctions as prescribed by the Act, with the maximum penalties varying depending on the severity and nature of the breach. Additionally, failure to comply with the wildlife trade operation regulations may result in the revocation of the approval, cessation of trade activities, and potential legal action by the Department of the Environment and Energy.