Declaration of an Approved Wildlife Trade Operation - Lenah Game Meats

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted to address the need for a comprehensive framework to protect Australia’s environment and heritage, including wildlife, through the regulation of activities that may impact them. This Act was introduced by the Commonwealth Parliament with the policy objective of ensuring that Australia’s environmental heritage is protected and conserved for future generations while allowing for sustainable use. The legislation seeks to mitigate the adverse impacts of human activities on the environment by providing mechanisms for the assessment and approval of activities that may significantly affect the environment, including the trade of wildlife. This specific declaration by the Delegate of the Minister for the Environment, Paul Murphy, on 28 October 2015, approves the Lenah Game Meats management plan for the commercial harvest and export of Bennetts wallaby skins from Tasmania, subject to specific conditions and monitoring requirements.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) governs the management and protection of Australia's biodiversity, ecosystems, and cultural heritage. This Act applies to a wide range of entities and individuals involved in activities that may impact the environment, including industries such as mining, agriculture, and tourism. The declared wildlife trade operation specifically pertains to Lenah Game Meats and its commercial harvest and export of Bennetts wallaby skins from Tasmania, with the operation being approved under the Act for a limited duration until 30 October 2018. The operation is restricted to the processing of skins, fibres, and furs from Bennetts wallabies, and requires an annual report submission to the Wildlife Trade Assessments, Department of the Environment by 31 March each year. The operation must adhere to the guidelines outlined in the Management Plan for the Commercial Harvest and Export of Bennett's Wallaby Skins from Tasmania. The Act's jurisdictional reach is national, with the Commonwealth responsible for its enforcement. However, the Act also allows for state and territory legislation to complement and enforce its provisions. The Act may be extended or restricted through subordinate instruments, such as regulations or guidelines, which may provide further clarification or detail on the application of the Act in specific circumstances.

Key Provisions

The main operative sections of the declaration involve the approval of the Lenah Game Meats management plan for the commercial harvest and export of Bennetts wallaby skins from Tasmania, which is declared as an approved wildlife trade operation under section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act). This declaration is made by Paul Murphy, the Delegate of the Minister for the Environment, following consideration of any comments received in response to an invitation under section 303FR(1) of the EPBC Act, and after being satisfied with the matters outlined in section 303FN of the EPBC Act. The operation is valid until 30 October 2018, and it pertains solely to the processing of skins, fibres, and furs from Bennetts wallabies. Additionally, an annual report must be submitted to the Wildlife Trade Assessments, Department of the Environment by 31 March each year. The Act imposes several obligations on the parties involved in the approved wildlife trade operation. Firstly, the operation must adhere strictly to the guidelines and requirements outlined in the management plan titled 'Management Plan for the Commercial Harvest and Export of Bennett’s Wallaby Skins from Tasmania'. Secondly, the operation is required to submit an annual report by 31 March each year to the Wildlife Trade Assessments, Department of the Environment. This ensures that the Department can monitor compliance and assess the impact of the operation on the species and its habitat. Furthermore, any person whose interests are affected by this declaration has the right to make an application in writing to the Department of the Environment within 28 days for the reasons behind the decision. The legislation also outlines consequences for any breach of its provisions. While the specific offences, penalties, or civil/criminal consequences are not explicitly detailed in the provided text, it is clear that the operation is subject to regulatory oversight. The fact that an annual report must be submitted suggests that non-compliance could lead to penalties, which may include fines or the revocation of the approval. Additionally, the right to seek independent review of the decision by the Administrative Appeals Tribunal (AAT) implies that there are formal avenues for addressing grievances or challenges related to the operation. Applications to the AAT must be made within 28 days of receipt of the reasons for the decision or within 28 days of the declaration if reasons are not sought, and they involve the payment of a relevant fee, which is currently $861 or a reduced fee where applicable due to financial hardship.