COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
Declaration of an Approved Wildlife Trade Operation-MDS Australia–2019
I, John Gibbs, Assistant Secretary, Wildlife Trade, as Delegate of the Minister for the Environment under the Environment Protection and Biodiversity Conservation Act 1999, am satisfied that an operation conducted by Molecular Diagnostic Services Australia Pty Ltd (MDS Australia) to harvest and export avian blood samples for specialised sexing and diagnostic purposes, is a small-scale operation, as defined by regulation 9A.20(2) under subsection 303FN(10) (b). I declare under subsection 303FN (2) that MDS Australia is an approved wildlife trade operation.
This declaration has effect subject to the following conditions applied under S303FT:
- The approved wildlife trade operation must be undertaken in accordance with the application submitted to the Department of Environment and Energy by Molecular Diagnostic Services Australia Pty Ltd on 29 June 2019.
- The export of specimens from the approved wildlife trade operation is limited to blood samples and excludes specimens from any species listed as threatened under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) or included on Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
- Molecular Diagnostic Services Australia Pty Ltd must abide by the procedure for exporting biological samples as detailed in the–Policy for the Transfer of Biological Specimens to Overseas Laboratories for Infectious and Parasitic Disease Testing available at: http://www.agriculture.gov.au/.
- Specimens eligible for export permit application must be from the list of species approved under the wildlife trade operation, and included in the application submitted to the Department on
29 June 2019. Additional species may only be exported with the prior approval of the Department of the Environment and Energy. - Molecular Diagnostic Services Australia Pty Ltd must maintain accurate and up-to-date records. If requested, records must be provided to the Department of the Environment and Energy.
- An annual report must be submitted to the Wildlife Trade Assessments Section, Department of the Environment and Energy by 30 June each year and detail:
a) the number of blood samples from each species collected in the previous 12 months; and
b) the number of blood samples from each species exported in the previous 12 months.
This declaration is valid for three years from the date of registration on the Federal Register of Legislation.
Dated this 30th day of September 2019
John Gibbs
………….…….……………………….........
Delegate of the Minister for the Environment
A person whose interests are affected by this declaration may, within 28 days, make an application in writing to the Department of the Environment and Energy for the reasons for the decision.
An application for independent review of the decision (under section 303GJ(1) of the Environment Protection and Biodiversity Conservation Act 1999) may be made to the Administrative Appeals Tribunal (AAT), on payment of the relevant fee (currently $884 or reduced fee where applicable due to financial hardship) by the applicant, either within 28 days of receipt of the reasons for the decision, or within 28 days of this declaration if reasons for the decision are not sought. Applications should be made to the Deputy Registrar, AAT in your Capital City. Please visit the AAT’s website at http://www.aat.gov.au/ for further information
You may make an application under the Freedom of Information Act 1982 (Cth) to access documents relevant to this decision. For further information, please visit http://www.environmnet.gov.au/foi/index.html.
Further enquiries should be directed to the Director, Wildlife Trade Assessments Section, Department of the Environment and Energy, Email: wta@environment.gov.au, Telephone: (02) 6274 1900 (option 2).
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance, and to facilitate ecologically sustainable development through improved integration of environment protection and biodiversity conservation with economic and social considerations. The Act was introduced to address the need for a comprehensive framework that protects the environment and biodiversity while allowing for sustainable development. Enacted by the Parliament of Australia, the EPBC Act aims to protect and manage Australia's biodiversity and environment, including threatened species and ecological communities, and to ensure that development does not have unacceptable impacts on the environment. This declaration by the Delegate of the Minister for the Environment recognises Molecular Diagnostic Services Australia Pty Ltd as an approved wildlife trade operation, subject to specific conditions designed to ensure compliance with the EPBC Act and to protect the environment.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999, under which this declaration operates, applies to entities and individuals involved in wildlife trade operations, specifically focusing on the operation of Molecular Diagnostic Services Australia Pty Ltd (MDS Australia). This operation involves the harvesting and export of avian blood samples for specialised sexing and diagnostic purposes. The declaration recognises MDS Australia as an approved wildlife trade operation, subject to specific conditions and limitations. The declaration is applicable across the Commonwealth of Australia, adhering to the provisions set out in the Act. It is important to note that this declaration excludes specimens from any species listed as threatened under the Environment Protection and Biodiversity Conservation Act 1999 or included on Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). This legislation extends its application through subordinate instruments, which detail procedures for exporting biological samples and maintaining records.
Key Provisions
The declaration under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (section 303FN) designates Molecular Diagnostic Services Australia Pty Ltd (MDS Australia) as an approved wildlife trade operation, effective for a period of three years. This approval is conditional on the operation adhering strictly to the terms outlined in the application submitted to the Department of Environment and Energy on 29 June 2019. Section 303FT stipulates that the operation must focus solely on the harvesting and exporting of avian blood samples for specialised sexing and diagnostic purposes, excluding any samples from threatened species or those listed in Appendix I of CITES. Additionally, the operation must follow the established procedures for the export of biological samples as detailed in the Policy for the Transfer of Biological Specimens to Overseas Laboratories for Infectious and Parasitic Disease Testing, available on the Department of Agriculture’s website.
Under section 303FT, MDS Australia is obligated to maintain precise and current records of all activities and transactions related to the wildlife trade operation. These records must be made available to the Department of Environment and Energy upon request. Furthermore, an annual report detailing the number of blood samples collected and exported for each species must be submitted by 30 June each year. The operation must also ensure that any additional species not initially listed in the approved application are subject to prior approval from the Department of the Environment and Energy before being exported.
Any breach of the conditions specified in the declaration may result in serious consequences under the EPBC Act. The Act provides for both civil and criminal penalties for non-compliance, which can include fines and imprisonment. The exact penalties depend on the severity of the breach, but can potentially include fines of up to $300,000 for a corporation and imprisonment for up to five years for an individual. The Act also allows for the cancellation of the approved wildlife trade operation if it is found that the operation is not being conducted in accordance with the conditions outlined in the declaration. This legal framework ensures that all parties involved in wildlife trade operations adhere to the necessary environmental and biodiversity conservation standards.