Declaration of an Approved Wildlife Trade Operation - Marks Products and Services Pty Ltd (16/03/2017)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the problem of biodiversity loss and environmental degradation, providing a framework for the protection of the environment, particularly endangered species and ecosystems. This Act was introduced by the Parliament of Australia with a policy objective to conserve and sustainably manage Australia's biodiversity and environment. The Act aims to provide for the preparation of national and regional plans to prevent the extinction of native species and ecological communities, and to protect and manage the environment. This legislation includes provisions for the regulation of wildlife trade to ensure that it does not threaten the survival of species in the wild. The declaration of an Approved Wildlife Trade Operation under this Act facilitates the export of naturally moulted feathers from Australian native birds and birds listed on Appendix II of CITES, subject to strict conditions and oversight by the Department of the Environment and Energy.

Scope and Application

The declaration issued under the Environment Protection and Biodiversity Conservation Act 1999 designates Marks Products and Services Pty Ltd as an Approved Wildlife Trade Operation for the export of naturally moulted feathers from Australian native birds and birds listed on Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). This approval applies to the specific operation as outlined in the proposal submitted by Marks Products and Services Pty Ltd on 4 December 2016 and is subject to several conditions. These conditions include strict adherence to the approved list of specimens and suppliers, maintaining accurate records, and submitting an annual report detailing the number of feathers collected and exported. Any deviation from the approved plan, such as the inclusion of additional species or suppliers, requires prior approval from the Department of the Environment and Energy. This declaration, effective for three years from the date of gazettal, underscores the importance of regulated trade practices to ensure compliance with environmental protection and biodiversity conservation objectives.

Key Provisions

The declaration under section 303FN(2) of the Environment Protection and Biodiversity Conservation Act 1999 recognises Marks Products and Services Pty Ltd as an Approved Wildlife Trade Operation for the export of naturally moulted feathers from Australian native birds and birds listed on Appendix II of CITES. This recognition is contingent upon the operation being conducted as a small-scale operation, defined under regulation 9A.20 (subsection 303FN(10)). The operation must adhere strictly to the proposal submitted by Marks Products and Services Pty Ltd on 4 December 2016, which includes specific guidelines for the export of these feathers. The declaration stipulates that initially, only feathers from the list of specimens and suppliers approved in the proposal are eligible for export permits. Any expansion to include additional species or feathers from other suppliers must receive prior approval from the Department of the Environment and Energy. Marks Products and Services Pty Ltd is obligated to ensure that the collection of bird feathers is performed in strict accordance with the operational plan. This includes maintaining accurate and up-to-date records that document all necessary information for the reporting requirements outlined in the declaration. These records must be made available to the Department of the Environment and Energy upon request. Additionally, the company is required to submit an annual report by 30 June each year, detailing the number of feathers from each species collected and exported from each supplier over the preceding 12 months. This transparency is essential for regulatory oversight and compliance. Failure to comply with the conditions outlined in the declaration may result in legal consequences. While the specific offences and penalties for breach are not detailed within the text of this declaration, under the broader framework of the Environment Protection and Biodiversity Conservation Act 1999, breaches of wildlife trade regulations can result in both civil and criminal penalties. Civil penalties can include substantial fines, and in severe cases, criminal penalties may include imprisonment. The exact penalties depend on the nature and severity of the breach, as well as other relevant provisions of the Act. This underscores the importance for Marks Products and Services Pty Ltd to strictly adhere to the conditions of their approval to avoid potential legal ramifications.