Declaration of an Approved Wildlife Trade Operation – Management Plan for the Commercial Harvest and Export of Wallaby from Tasmania (2023-2026)

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au F2023N00092 Not in force Notifiable Instrument

Legislation content

COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999

 

DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – MANAGEMENT PLAN FOR THE COMMERCIAL HARVEST AND EXPORT OF WALLABY FROM TASMANIA (2023-2026)

 

 

I, TANYA PLIBERSEK, Minister for the Environment and Water:

(a) having noted that two 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 Management Plan for the commercial harvest and export of wallaby from Tasmania
(2023-2026) is an approved wildlife trade operation (small-scale) 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:

 

  1. The operation must be carried out in accordance with the wildlife trade operation (small-scale), Management Plan for the commercial harvest and export of wallaby from Tasmania (2023-2026).

 

2.      The small-scale wildlife trade operation relates to the processing of meat, skin and fur (fibre) derived only from Macropus rufogriseus (Bennett’s wallaby) and Thylogale billardierii (known as Rufous-Bellied Pademelon, Tasmanian Pademelon and rufus wallaby).

 

3.      The annual harvest quota for the purposes of export by Lenah Game Meats must not exceed 200,000 wallabies. Additional taxa can be exported only after approval from the Department of Climate Change, Energy, the Environment and Water.

 

4.      The declaration is valid for three years from the day after its publication on the Federal Register of Legislation.

 

5.      An annual report must be submitted to the Department of Climate Change, Energy, the Environment and Water by 31 March each year. The annual report will cover the preceding calendar year and should include as a minimum:

  •    population density estimates for each species;
  •    quotas calculated as a proportion of population density estimates for each species; and
  •    the number of wallabies harvested for each species.

 

Dated this …23rd… day of …April… 2023

 

 

…………Tanya Plibersek…………….
 

Minister for the Environment and Water

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the Australian environment, particularly its biodiversity, by preventing significant impacts from proposed activities. This Act aims to address the problem of unsustainable wildlife trade and the potential ecological impacts of such activities. The declaration made by Tanya Plibersek, the Minister for the Environment and Water, under section 303FN of the EPBC Act, approves the Management Plan for the commercial harvest and export of wallabies from Tasmania for the period 2023 to 2026. This approval follows the consideration of public comments and the satisfaction of conditions specified in the Act. The approved operation pertains to the small-scale processing of meat, skin, and fur derived from Bennett’s wallabies and Rufous-Bellied Pademelons, with strict annual quotas and reporting requirements to ensure sustainable practices and minimise environmental harm. This declaration is a measure to balance economic activities with environmental conservation, ensuring that wildlife trade does not detrimentally affect native species populations.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, as applied in this declaration, governs wildlife trade operations that may have a significant impact on protected matters, including endangered species and their habitats. This particular declaration pertains to a small-scale wildlife trade operation concerning the commercial harvest and export of wallaby from Tasmania, specifically involving the species Macropus rufogriseus (Bennett’s wallaby) and Thylogale billardierii (Tasmanian Pademelon). The operation is approved under the Act and is managed according to a specified Management Plan for the years 2023 to 2026. The operation is overseen by Lenah Game Meats, which is limited to an annual harvest quota of 200,000 wallabies, with any additional taxa requiring prior approval from the Department of Climate Change, Energy, the Environment and Water. This declaration applies nationally and is valid for three years from its publication, requiring annual reporting to the relevant department by 31 March each year, detailing population estimates, calculated quotas, and the number of wallabies harvested.

Key Provisions

The primary sections of the declaration pertain to the approval of a wildlife trade operation management plan for the commercial harvest and export of wallabies from Tasmania, specifically focusing on the species Macropus rufogriseus (Bennett’s wallaby) and Thylogale billardierii (Rufous-Bellied Pademelon). Under section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act), the Minister for the Environment and Water has declared this operation as approved (small-scale) and has set forth specific conditions that must be adhered to. The operation is governed by the Management Plan for the commercial harvest and export of wallaby from Tasmania (2023-2026), which must be strictly followed as stipulated in section 303FT of the EPBC Act. The operation is limited to the processing of meat, skin, and fur derived from these two wallaby species, and an annual export quota for Lenah Game Meats is set at a maximum of 200,000 wallabies, as detailed in section 3 of the declaration. This declaration imposes several obligations on the parties involved. Firstly, the operation must strictly adhere to the guidelines outlined in the approved Management Plan, ensuring that all activities related to the commercial harvest and export of wallabies are conducted in a manner that complies with the set conditions. This includes ensuring that only the specified species are harvested and processed for export, and that any additional taxa exported require prior approval from the Department of Climate Change, Energy, the Environment and Water. Furthermore, the declaration mandates that an annual report be submitted by 31 March each year, detailing population density estimates, calculated quotas, and the number of wallabies harvested for each species, as required by section 5 of the declaration. The declaration also outlines consequences for non-compliance. While the specific penalties are not detailed in the declaration, breaches of the EPBC Act can result in both civil and criminal penalties. Civil penalties for violations of the Act can include substantial fines, while criminal offences may lead to imprisonment. The exact penalties depend on the severity and nature of the breach, with potential maximum penalties varying based on the specific provision of the Act that is contravened. It is crucial for the involved parties to comply with all conditions and requirements to avoid any legal repercussions.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.