Declaration of an Approved Wildlife Trade Operation – Venom Supplies 2020-2023

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au F2020N00138 In force Notifiable Instrument

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COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999

 

DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION – Venom Supplies 2020-2023

 

I, Laura Timmins, Senior Director of the Wildlife Trade Office, as Delegate of the Minister for the Environment: 

(a)      having considered any comments that were given in response to an invitation under section 303FR(1) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (the EPBC Act); and

(b)      being satisfied as to the matters set out in section 303FN of the EPBC Act,

declare that the operation to commercially export snake venom, blood and body parts by Venom Supplies Pty Ltd of South Australia, is an approved small-scale wildlife trade operation for the purposes of section 303FN of the EPBC Act.

The operation is subject to the declaration in paragraph 1 only:

(a)      for a period of three years from the date of publication on the Federal Register of Legislation;

(b)      while the conditions specified in the Schedule to this Declaration are complied with.

 

 

 

 

Dated this 25th day of November 2020

 

……Laura Timmins……

Delegate of the Minister for the Environment

 

A person whose interests are affected by this declaration may, within 28 days, make an application in writing to the Department of Agriculture, Water and the Environment 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 inquiries should be directed to the Director, Wildlife Trade Assessments Section, Department of Agriculture, Water and the Environment, by email wta@awe.gov.au or telephone (02) 6274 1900 (option 2).

 


SCHEDULE

 

Declaration of Venom Supplies as an approved wildlife trade operation, November 2020

 

 

ADDITIONAL PROVISIONS (section 303FT)

Relating to the harvesting and export of snakes under this operation:

 

Condition 1

The operation is undertaken in accordance with the proposal submitted by Venom Supplies, 3 August 2020 and updated 27 August 2020 for the harvest of Australian native snakes (except those listed under the Environment Protection and Biodiversity Conservation Act 1999 as threatened (excluding the conservation dependent category).

 

Condition 2

The operation is required to comply with all relevant state or territory legislation, including the maintenance of any licenses required to undertake the operation.

 

Condition 3

Initially only the following specimens are eligible for export:

  • specimens derived from exotic snake species listed in the proposal
  • specimens derived from Australian native species listed in the proposal and harvested from South Australia under relevant state licence(s), and
  • specimens derived from first-generation captive-bred progeny of specimens harvest from South Australia and Queensland under relevant state licence(s),

 

Specimens from species harvested from other Australian states and territories may only be exported with the prior approval of the Department of Agriculture, Water and the Environment.

Applications for the inclusion of snakes harvest from additional Australian states and territories to the operation must include, but are not limited to:

  • supplier details
  • harvest location
  • intended harvest numbers (by species); and
  • copies of any required harvest permits issued by the jurisdiction of collection

 

Condition 4

All species identified on Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and all species listed as threatened under the EPBC Act are excluded from this operation.

 

Condition 5

Accurate up-to-date records must be maintained in accordance with the requirements of the state regulatory body in which the collection occurs and include all information necessary for the reporting outlined in Condition 6. If requested, these records will be made available to the Department in a timely manner.


 

Condition 6

An annual report must be provided to the Department of Agriculture, Water and the Environment 12 months to the day of the declaration’s registration on the Federal Register of Legislation. This report will cover the preceding 12 months. Annual reports must include, but are not limited to:

  • The number of specimens harvested (by species, harvest area and supplier) in the previous 12 months
  • The number of specimens exported (by species, harvest area and supplied) in the previous 12 months
  • Any changes to the management regime of the operation and relevant State or Territory regulation.

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance, and to facilitate ecologically sustainable development through the conservation and ecologically sustainable use of natural resources. The Act aims to protect and manage the environment and biodiversity, including wildlife, by establishing a framework for decision-making that considers environmental, social, and economic factors. The Act was introduced to address the growing concern over the impact of human activities on the environment and biodiversity, and to provide a comprehensive legal framework for the protection and management of the environment. The Act is administered by the Australian Government, and its policy objective is to ensure the protection of the environment and biodiversity while promoting sustainable development. Under the EPBC Act, the operation of Venom Supplies Pty Ltd to commercially export snake venom, blood, and body parts has been declared an approved small-scale wildlife trade operation for a period of three years, subject to specific conditions outlined in the Schedule to the declaration.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a Commonwealth Act that applies to the conservation and protection of Australia’s biodiversity and environment. The Act applies to various entities, including individuals, corporations, and government bodies, with a particular focus on their conduct and transactions that may impact Australia’s biodiversity and environment. The geographic reach of the Act is national, applying to the entire Commonwealth of Australia. The Act provides for the declaration of approved wildlife trade operations, such as the case of Venom Supplies Pty Ltd, which is approved to commercially export snake venom, blood, and body parts. This approval is subject to specific conditions outlined in the Schedule, and it is valid for three years from the date of publication on the Federal Register of Legislation, provided the conditions are met. The Act allows for the extension or restriction of application through subordinate instruments, such as the declaration of approved wildlife trade operations, which includes specific provisions and conditions for the operation. The exclusions under this declaration include specimens derived from exotic snake species, threatened species, and species listed on Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) declares that Venom Supplies Pty Ltd's operation to export snake venom, blood, and body parts is an approved small-scale wildlife trade operation (sections 303FN and 303FR). This operation is valid for three years from the date of publication, provided that the conditions specified in the Schedule are met. The primary conditions include adherence to the proposed harvest plan for Australian native snakes, compliance with state or territory legislation, and maintaining detailed records of the harvested and exported specimens (Schedule, Conditions 1-5). Additionally, species listed as threatened under the EPBC Act and those on Appendix I of CITES are excluded from this operation (Schedule, Condition 4). The Act imposes several obligations on Venom Supplies Pty Ltd, including the necessity to comply with the specific conditions outlined in the Schedule, such as adhering to the proposed harvest plan and maintaining accurate records of the harvested and exported specimens. The operation must also comply with all relevant state or territory legislation and maintain any necessary licenses. Furthermore, Venom Supplies must submit an annual report to the Department of Agriculture, Water and the Environment detailing the number of specimens harvested and exported, any changes to the management regime, and relevant state or territory regulations (Schedule, Condition 6). Failure to comply with the conditions set forth in the Schedule can result in various consequences. While the Act does not explicitly outline specific penalties for breaches, breaches of the EPBC Act can lead to civil or criminal penalties, depending on the severity and nature of the breach. Civil penalties can include fines of up to $75,600 for individuals and $378,000 for bodies corporate, as stipulated under section 516 of the Act. Additionally, criminal penalties may apply, including fines of up to $66,000 for individuals and $330,000 for bodies corporate, along with potential imprisonment terms as outlined in section 528 of the Act.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.