Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted to address the need for a comprehensive framework to protect and conserve Australia's environment, particularly focusing on matters of national environmental significance. The Act provides mechanisms to assess and manage the impacts of activities, including the trade of wildlife, on the environment. In this context, the Act was introduced to fill the gap by ensuring that wildlife trade operations are conducted in a manner that does not adversely impact the environment or biodiversity. The declaration made under the Act by the Delegate of the Minister for the Environment and Energy, Paul Murphy, aims to ensure that the operation of South Pacific Taxidermy Pty Ltd complies with the provisions of the Act and relevant wildlife trade regulations. This declaration, which is subject to specific conditions, aims to regulate the commercial export of preserved taxidermy specimens of native and non-native species while ensuring adherence to environmental protection standards.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) is a Commonwealth Act that applies to various entities, including individuals, businesses, and government bodies, involved in activities that may impact matters of national environmental significance. This includes the commercial export of preserved taxidermy specimens of native Australian wildlife and non-native exotic species. Specifically, this Act applies to South Pacific Taxidermy Pty Ltd, a business located in Melbourne, Victoria, that engages in the commercial export of such specimens. The geographic reach of the Act is national, applying throughout the Commonwealth of Australia. The declared approval of the wildlife trade operation by South Pacific Taxidermy is contingent on compliance with specific conditions outlined in the Schedule, such as maintaining accurate records and adhering to licensing requirements under the Victorian Wildlife Act 1975. Notably, the approval excludes species listed on Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and those listed as threatened under the EPBC Act. The operation is subject to the declaration for a period of three years from the date of publication, and any extensions or restrictions to this application are to be determined through subordinate instruments as necessary.

Key Provisions

The main operative sections of the declaration (section 1) specify that South Pacific Taxidermy Pty Ltd's operation to export preserved taxidermy specimens of native Australian wildlife and non-native exotic species is approved under section 303FT of the EPBC Act. This approval is contingent on the conditions outlined in the Schedule being met and is valid for a period of three years from the date of publication. The operation must align with the proposal submitted by Mr Gary Pegg of South Pacific Taxidermy on 8 May 2017. Additionally, the operation must adhere to the conditions that Mr Gary Pegg must maintain a current Commercial Wildlife (Wildlife Taxidermist) Licence issued by the Victorian Department of Environment and Primary Industries, as per the Victorian Wildlife Act 1975 and Section 52 of the Victorian Wildlife Regulations 2002. Accurate records must be maintained and updated in accordance with the requirements of the Victorian Department of Environment, Land, Water and Planning, and these records must be provided to the Department of the Environment and Energy when requested. The approval only covers native specimens acquired and recorded prior to 29 June 2011, and excludes species listed on Appendix I of CITES and those listed as threatened under the EPBC Act. The Act imposes several obligations on the parties involved. South Pacific Taxidermy Pty Ltd must ensure that their operation strictly follows the proposal submitted on 8 May 2017. Mr Gary Pegg, as the operator, must maintain a current Commercial Wildlife (Wildlife Taxidermist) Licence issued by the Victorian Department of Environment and Primary Industries, in line with the Victorian Wildlife Act 1975 and Section 52 of the Victorian Wildlife Regulations 2002. Additionally, the company is required to maintain accurate and up-to-date records, complying with the Victorian Department of Environment, Land, Water and Planning's requirements. These records must be made available to the Department of the Environment and Energy if requested. The operation is also restricted to native specimens acquired and recorded before 29 June 2011, and it must exclude species listed on Appendix I of CITES and those listed as threatened under the EPBC Act. The Act outlines specific consequences for breach of its provisions. Although the Act does not explicitly state penalties for non-compliance, breaches of wildlife trade regulations under the EPBC Act can result in substantial fines and potential imprisonment. Under section 474 of the EPBC Act, individuals can face fines of up to $222,200 or imprisonment for up to five years, or both. Corporations can incur fines of up to $1,111,000 for similar breaches. These penalties underscore the importance of strict compliance with the conditions set forth in the declaration to avoid severe legal repercussions.