Overview

The F2017N00034 Notifiable Instrument, dated 21 April 2017 and enacted by Josh Frydenberg, the Minister for the Environment and Energy, concerns the declaration of an approved wildlife trade operation under the Environment Protection and Biodiversity Conservation Act 1999. The legislation addresses the problem of ensuring that the export of kangaroo skins derived from kangaroos processed during the extension of the Victorian Kangaroo Pet Food Trial complies with national environmental standards. The Minister's declaration is made after considering public comments and being satisfied with the conditions outlined in section 303FN of the EPBC Act. The policy objective is to facilitate the export of kangaroo skins in a manner that is environmentally sustainable and humane, subject to stringent conditions regarding the number of kangaroos harvested, the geographic restrictions of the harvest, and compliance with the National Code of Practice for the Humane Shooting of Kangaroos and Wallabies for Commercial Purposes.

Scope and Application

The Notifiable instrument F2017N00034, titled "Declaration of an Approved Wildlife Trade Operation," applies specifically to the export of kangaroo skins derived from kangaroos processed during the extension of the Victorian Kangaroo Pet Food Trial. This declaration by the Minister for the Environment and Energy, Josh Frydenberg, is made under the authority of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act). It identifies the operation as an approved existing stocks wildlife trade operation for the purpose of section 303FN of the EPBC Act, subject to several conditions. The operation applies to stock harvested between 1 April 2016 and 17 November 2016, specifically to the eastern grey kangaroo (Macropus giganteus) and the western grey kangaroo (Macropus fuliginosus), if harvested within the Pet Food Trial regions of Hume and Grampians in Victoria, and if the total harvest did not exceed 10,000 kangaroos. Additionally, the operation requires the submission of an annual report to the Director, Wildlife Trade Assessments Section, Department of the Environment and Energy, detailing the number of tags issued, the number and origin of skins processed and exported, and a declaration that all kangaroos have been taken in compliance with the National Code of Practice for the Humane Shooting of Kangaroos and Wallabies for Commercial Purposes.

Key Provisions

The main provisions of the F2017N00034 Notifiable Instrument are contained in the declaration made by Minister Josh Frydenberg. Section 1 declares the proposal for the export of kangaroo skins derived from the Victorian Kangaroo Pet Food Trial an approved existing stocks wildlife trade operation under section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This declaration applies specifically to kangaroo skins harvested between 1 April 2016 and 17 November 2016, and only to specimens from the eastern grey kangaroo and western grey kangaroo species. Moreover, the proposal is contingent upon the harvest being carried out in accordance with the specified proposal, limited to the designated Pet Food Trial regions in Victoria, and not exceeding a total of 10,000 kangaroos. Under the terms of this declaration, the proposal is governed by a set of stringent obligations and requirements. Primarily, the harvesting of kangaroos must adhere strictly to the conditions outlined in the proposal. This includes the geographic restriction to the specified Pet Food Trial regions and the species limitations to eastern and western grey kangaroos. Furthermore, the declaration mandates the annual submission of a comprehensive report to the Director, Wildlife Trade Assessments Section, Department of the Environment and Energy by 31 March each year. This report must detail the number of tags issued and returned under each Authority to Control Wildlife permit, the number and origin of skins processed and exported, and a declaration confirming that all kangaroos were taken in compliance with the National Code of Practice for the Humane Shooting of Kangaroos and Wallabies for Commercial Purposes. Breaches of the obligations and requirements set forth in this legislation can result in significant legal consequences. Although the specific offences and penalties are not detailed within the text of the instrument, violations of the EPBC Act generally can lead to both civil and criminal penalties. Under the EPBC Act, civil penalties for offences can include substantial fines, with the exact amount determined by the court based on the severity and nature of the breach. Additionally, criminal penalties can be imposed, which may include imprisonment depending on the circumstances of the offence. The precise maximum penalties for these breaches would be defined within the EPBC Act itself and could vary based on the specific provision contravened.