COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION
(SMALL-SCALE) FOR SOUTH PACIFIC TAXIDERMY PTY LTD (2023-2026)
I, Belinda Jago, Branch Head, Oceans and Wildlife Branch, as Delegate of the Minister for the Environment and Water under the Environment Protection and Biodiversity Conservation Act 1999, am satisfied that the operation conducted by South Pacific Taxidermy Pty Ltd to export taxidermy specimens of Australian native wildlife and non-native exotic species, is a small-scale operation, as defined by regulation 9A.20(2) under subsection 303FN(10)(b).
I declare under subsection 303FN(2) that South Pacific Taxidermy Pty Ltd is an approved
small-scale wildlife trade operation.
This declaration has effect subject to the following conditions applied under S303FT:
- The operation is undertaken in accordance with the Wildlife Trade Operation (small-scale and existing stocks) for South Pacific Taxidermy Pty Ltd to export taxidermy specimens of Australian native wildlife and non-native exotic species (2023-2026) submitted by South Pacific Taxidermy Pty Ltd on 4 April 2023.
- Mr Gary Pegg is required to maintain a current Commercial Wildlife (Wildlife Taxidermist) Licence in accordance with the Wildlife Act 1975 (Victoria) and Wildlife Regulations 2013 (Victoria).
- This declaration is valid for three years from the day after its publication on the Federal Register of Legislation.
- An annual report detailing the specimens that have been exported, the source of the specimens and the export destination must be provided to the Department of Climate Change, Energy, the Environment and Water by 30 May each year.
Dated this 22 day of June 2023
Belinda Jago
Delegate of the Minister for the Environment and Water
A person whose interests are affected by this declaration may, within 28 days, make an application in writing to the Department of Climate Change, Energy, the Environment and Water 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.environment.gov.au/foi/index.html.
Further enquiries should be directed to the Director, Wildlife Trade Assessments Section Department of Climate Change, Energy, the Environment and Water; Email: wta@dcceew.gov.au, Telephone: (02) 6274 1900 (option 2).
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was enacted to provide for the protection of the environment, particularly matters of national environmental significance, and the conservation of biodiversity. The Act was introduced to address the need for comprehensive environmental protection and management frameworks, ensuring that biodiversity and ecosystems are conserved and managed sustainably. This legislation was enacted by the Parliament of Australia with the overarching policy objective of protecting the environment and promoting the sustainable use of natural resources. The Act enables the regulation of activities that may impact the environment, including wildlife trade, by providing mechanisms for the assessment and approval of operations that involve the trade of wildlife. This legislative framework is essential for maintaining ecological balance and ensuring that wildlife trade is conducted in a manner that is consistent with environmental protection objectives.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to entities involved in activities that may impact on matters of national environmental significance, with this specific declaration focusing on the operation of South Pacific Taxidermy Pty Ltd. This small-scale wildlife trade operation is approved to export taxidermy specimens of Australian native wildlife and non-native exotic species over a three-year period from 2023 to 2026. The operation is subject to conditions including the maintenance of a current Commercial Wildlife (Wildlife Taxidermist) Licence by Mr Gary Pegg, as stipulated by the Wildlife Act 1975 and Wildlife Regulations 2013 of Victoria. Annual reporting requirements mandate the submission of detailed reports to the Department of Climate Change, Energy, the Environment and Water by 30 May each year, outlining the exported specimens, their sources, and their destinations. The declaration is applicable across the Commonwealth of Australia and is subject to review by the Administrative Appeals Tribunal and potential access under the Freedom of Information Act 1982.
Key Provisions
The main operative sections of this notifiable instrument, as referenced in the Environment Protection and Biodiversity Conservation Act 1999, declare South Pacific Taxidermy Pty Ltd as an approved small-scale wildlife trade operation for the export of taxidermy specimens of Australian native wildlife and non-native exotic species for the period 2023-2026. The declaration, made under section 303FN(2), is valid for three years from its publication on the Federal Register of Legislation. It is conditional upon the operation being carried out in accordance with the Wildlife Trade Operation for South Pacific Taxidermy Pty Ltd, submitted on 4 April 2023, and requires Mr Gary Pegg to maintain a current Commercial Wildlife (Wildlife Taxidermist) Licence in line with the Wildlife Act 1975 and Wildlife Regulations 2013 of Victoria. Additionally, South Pacific Taxidermy Pty Ltd must submit an annual report by 30 May each year detailing the exported specimens, their source, and export destination to the Department of Climate Change, Energy, the Environment and Water.
The Act imposes specific obligations and requirements on South Pacific Taxidermy Pty Ltd and Mr Gary Pegg. Firstly, the operation must adhere strictly to the terms outlined in the Wildlife Trade Operation for South Pacific Taxidermy Pty Ltd, ensuring compliance with all stipulated conditions. Secondly, Mr Gary Pegg must maintain a current Commercial Wildlife (Wildlife Taxidermist) Licence as per the Wildlife Act 1975 and Wildlife Regulations 2013 of Victoria. This requirement ensures that all taxidermy activities are performed by qualified personnel. Lastly, South Pacific Taxidermy Pty Ltd is mandated to submit an annual report to the Department of Climate Change, Energy, the Environment and Water by 30 May each year. This report must provide detailed information about the exported specimens, their sources, and destinations, thereby maintaining transparency and accountability in the wildlife trade operation.
In the event of a breach of the conditions outlined in this declaration, there are several potential consequences. The Act does not explicitly state the maximum penalties for breaches; however, under the Environment Protection and Biodiversity Conservation Act 1999, breaches can lead to both civil and criminal penalties. Civil penalties can include fines, while criminal penalties can result in imprisonment, reflecting the seriousness of non-compliance with environmental protection laws. Furthermore, affected parties have the right to request the reasons for the decision from the Department of Climate Change, Energy, the Environment and Water within 28 days. They can also apply for an independent review by the Administrative Appeals Tribunal within the same timeframe. Additionally, individuals can make an application under the Freedom of Information Act 1982 to access relevant documents pertaining to this decision.