Declaration of an Approved Wildlife Trade Operation (Small-Scale) for the Harvest and Commercial Export of Wallaby (Macropus Rufogrieus and Thylogale Billardierii) From Tasmania, 2026-2029

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment, particularly the conservation of biodiversity, and to manage and regulate activities that may impact the environment, including wildlife trade operations. This legislation aims to address the problem of unregulated and potentially unsustainable wildlife trade, ensuring that such activities are carried out in a manner that minimises environmental harm. The Act is administered by the Commonwealth Parliament and seeks to balance conservation objectives with sustainable use. In the context of the declaration for the approved wildlife trade operation for the harvest and commercial export of wallabies from Tasmania, the policy objective is to ensure that the trade is conducted in a manner that complies with both Commonwealth and Tasmanian laws, while maintaining sustainable harvest levels and reporting requirements.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs wildlife trade operations in Australia, and under this Act, the declaration of an approved wildlife trade operation for the harvest and commercial export of wallabies from Tasmania applies to Lenah Game Meats Pty Ltd for the period 2026-2029. The declaration, made by Sam Hush as the delegate of the Minister for the Environment and Water, confirms Lenah Game Meats as an approved small-scale wildlife trade operation for the specified period, subject to conditions outlined in the document. These conditions include adherence to the submitted operation plan, compliance with necessary permits and approvals under Tasmanian and Commonwealth laws, a cap on the annual harvest quota of 200,000 wallabies, and the submission of an annual report detailing the number of each species processed, skins exported, and meat exported. The declaration's jurisdictional reach is national, applying to the Commonwealth and Tasmania, with its validity extending up to three years from its publication on the Federal Register of Legislation. The Act allows for review rights under the Administrative Review Tribunal Act 2024, with provisions for applicants to seek reasons for the decision and apply for merits review if dissatisfied, in addition to the possibility of accessing related documents under the Freedom of Information Act 1982.

Key Provisions

The key provisions of this notifiable instrument (F2026N00270) involve the declaration of Lenah Game Meats Pty Ltd as an approved small-scale wildlife trade operation for the harvest and commercial export of two species of wallaby from Tasmania over the period of 2026-2029 (section 303FN(2)). This declaration (section 303FT) is subject to several conditions. Firstly, the operation must adhere to the specific terms and conditions outlined in the submitted wildlife trade operation plan (section 303FT(1)). Secondly, the operation is limited to the processing of meat, skin, and fur derived only from Macropus rufogriseus (Bennett’s wallaby) and Thylogale billardierii (Rufous-Bellied Pademelon or Tasmanian Pademelon) (section 303FT(2)). Thirdly, all commercial harvest activities must comply with necessary permits and approvals under both Tasmanian and Commonwealth laws (section 303FT(3)). Fourthly, the annual harvest quota for export must not exceed 200,000 wallabies (section 303FT(4)). Finally, Lenah Game Meats Pty Ltd must submit an annual report by 31 March each year, detailing the number of each species of wallaby processed, the number of skins exported, and the mass of wallaby meat exported (section 303FT(5)). This declaration is effective for a maximum of three years from the date of its publication on the Federal Register of Legislation. Under this instrument, Lenah Game Meats Pty Ltd must adhere to several obligations and requirements. They must ensure that all harvest and export activities comply with the approved wildlife trade operation plan, including the specified annual harvest quota of 200,000 wallabies (section 303FT(4)). They must also ensure that all activities are conducted in accordance with the necessary permits and approvals under both Tasmanian and Commonwealth laws (section 303FT(3)). Additionally, Lenah Game Meats Pty Ltd is required to submit an annual report by 31 March each year, providing detailed information on the number of each species of wallaby processed, the number of skins exported, and the mass of wallaby meat exported (section 303FT(5)). These requirements are designed to ensure that the operation is conducted in a manner that is consistent with the objectives of the Environment Protection and Biodiversity Conservation Act 1999. Failure to comply with the conditions and requirements outlined in this instrument may result in civil or criminal consequences. Under the Environment Protection and Biodiversity Conservation Act 1999, breaches of the Act or regulations may be subject to penalties, including fines of up to $1.1 million for individuals and $5.5 million for corporations, as well as imprisonment for up to five years (section 505). Additionally, under the Administrative Review Tribunal Act 2024, any person whose interests are affected by this decision may apply for independent merits review of the decision (section 303GJ(1)). The Administrative Review Tribunal may order the decision to be set aside, quashed, or varied, or may remit the matter to the decision-maker for reconsideration (section 43 of the Administrative Appeals Tribunal Act 1975). It is important for Lenah Game Meats Pty Ltd to ensure that they comply with all applicable laws and regulations to avoid any potential penalties or consequences.