Declaration of an Approved Wildlife Trade Operation [No. 3]

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Parliament of Australia to provide for the protection of the environment, particularly in relation to matters of national environmental significance, and the conservation of Australia's biodiversity. The Act addresses the problem of unregulated or poorly managed wildlife trade that could potentially lead to negative impacts on native species and ecosystems. The policy objective of the Act is to ensure that wildlife trade operations are conducted in a manner that protects the environment and biodiversity while also considering the needs of the community and industry. This notifiable instrument, F2019N00090, declares an approved wildlife trade operation for the harvest of Yacca Gum Xanthorrhoea semiplana ssp. tateana from private land on Kangaroo Island, South Australia, subject to specific conditions that aim to mitigate any potential environmental impacts.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to any activities that are likely to have a significant impact on matters of national environmental significance. The declaration of an approved wildlife trade operation under this Act applies specifically to the small-scale harvest of Yacca Gum Xanthorrhoea semiplana ssp. tateana from private land on Kangaroo Island, South Australia. This operation must be conducted in accordance with the conditions set out in the declaration, which includes limitations on the types of taxa that can be exported and the necessity for annual reporting to the Department of the Environment and Energy. The geographic reach of this Act is national, with the approval process and reporting requirements being administered by the Commonwealth. The declaration is subject to review and potential challenge by affected parties, including applications for independent review by the Administrative Appeals Tribunal, and access to documents may be sought under the Freedom of Information Act 1982. The Act allows for the extension and restriction of its application through subordinate instruments, ensuring its provisions can be adapted to specific circumstances and new developments in wildlife trade practices.

Key Provisions

Under the Environment Protection and Biodiversity Conservation Act 1999, the key operative sections in this declaration (sections 303FN and 303FT) recognise the approval of a small-scale wildlife trade operation involving the harvesting of Yacca Gum Xanthorrhoea semiplana ssp. tateana from private land on Kangaroo Island, South Australia. The declaration, issued by Nathan Sibley, acting on behalf of the Minister for the Environment, recognises the operation as an approved wildlife trade operation, subject to certain conditions. Specifically, the harvesting is restricted to dead stumps of Yacca Gums and can only proceed according to the submitted proposal dated 7 June 2019 (section 303FT(1)). The operation must adhere to the conditions set out in the declaration, and it is valid for three years from its registration date (section 303FT(3)). Additionally, the operation must maintain accurate and up-to-date records and submit an annual report detailing the weight of harvested and exported Yacca Gum stumps to the Department of the Environment and Energy by 30 June each year (section 303FT(4) and (5)). The Act imposes several obligations and requirements on the parties involved. Firstly, the operation must comply strictly with the conditions outlined in the declaration, particularly with respect to the harvesting of dead Yacca Gum stumps only. Any additional taxa must be exported only after an application and subsequent approval from the Department of Environment and Energy (section 303FT(2)). Furthermore, the operation is required to maintain detailed and current records of all activities and report annually to the Department of the Environment and Energy. These records must include all information necessary for the annual reporting requirement and be made available to the department upon request (section 303FT(4)). Failure to comply with these obligations could result in the operation being deemed non-compliant and subject to further scrutiny or sanctions. Any breach of the conditions set out in the declaration may result in significant consequences. Under the Environment Protection and Biodiversity Conservation Act 1999, unauthorised activities related to wildlife trade can lead to both civil and criminal penalties. For instance, conducting activities that contravene the conditions of the approved operation could result in fines and potential imprisonment. The exact penalties depend on the nature and severity of the breach but can be substantial under Australian law. Additionally, the operation may be subject to further regulatory action, including the revocation of the approval and cessation of the trade operation. These potential penalties serve as a deterrent to non-compliance and ensure that the operation adheres to the prescribed conditions to protect the interests of the environment and biodiversity.