COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN
APPROVED WILDLIFE TRADE OPERATION
I, Paul Murphy, Assistant Secretary, Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment under the Environment Protection and Biodiversity Conservation Act 1999 (the Act), am satisfied that an operation involving the wild harvest, keeping and breeding of snakes by Venom Supplies of South Australia, is a small-scale operation as defined by Regulation 9A.20 (2) under Section 303FN (10)(b) of the Act. I declare under subsection 303FN(2) that Venom Supplies’ operation is an Approved Wildlife Trade Operation.
Unless amended or revoked, this declaration has effect subject to the following conditions applied under S303FT:
- The operation is undertaken in accordance with the proposal submitted by Venom Supplies on 6 August 2014;
- Collection of animals for the wild must be done in accordance with a state/territory permit/licence to take animals from the wild that prescribes the species and number of each species to be collected;
- Initially only specimens derived from snakes included in the list of species recorded in Appendix 1 of the proposal can be exported. Additional species can be exported only after written approval by the Department of the Environment;
- Export is excluded for specimens derived from species that are included on the list of threatened species (excluding conservation dependant category) established under section 178 of the Act;
- Copies of state collection permits are supplied to Wildlife Trade Assessments section within 30 days of their renewal;
- This declaration is valid for a period of three years from the date of gazettal of this declaration.
Dated this 22 day of December 2014
Signed by Paul Murphy
Delegate of the Minister for the Environment
Subject to the Administrative Appeals Tribunal Act 1975, a person or persons whose interests are affected by this declaration may, within 28 days, make an application in writing to the Department of the Environment for the reasons for the decision. An application for independent review of the decision may be made to the Administrative Appeals Tribunal, on payment of the relevant fee, by or on behalf of the person or persons whose interests are affected, 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. Further information may be obtained from:
Director, Wildlife Trade Assessments
Department of the Environment
GPO Box 787
CANBERRA ACT 2601
Telephone: (02) 6274 2880 Facsimile: (02) 6274 1921
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. It was introduced to address the gap in comprehensive protection of Australia's biodiversity and environmental values against the impacts of development and other activities. The Act was enacted by the Parliament of Australia and its policy objective is to foster ecologically sustainable development through the protection of the environment. This particular declaration, issued by the Assistant Secretary of the Wildlife Trade and Biosecurity Branch under the authority of the Minister for the Environment, recognises Venom Supplies of South Australia's operation as an Approved Wildlife Trade Operation, subject to certain conditions designed to ensure compliance with state permits, regulate the collection and export of snake specimens, and prohibit the export of threatened species. The declaration is effective for a period of three years and may be subject to review under the Administrative Appeals Tribunal Act 1975.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to various entities and operations that may impact on matters of national environmental significance, including wildlife trade operations. In this specific instance, the Act applies to Venom Supplies of South Australia, a small-scale operation involved in the wild harvest, keeping, and breeding of snakes. The declaration made under the EPBC Act by the Assistant Secretary, Wildlife Trade and Biosecurity Branch, designates Venom Supplies' operation as an Approved Wildlife Trade Operation. This designation is contingent upon compliance with certain conditions, such as adherence to the proposal submitted on 6 August 2014, obtaining state/territory permits for the collection of animals from the wild, and ensuring that export activities strictly follow the stipulations outlined in the declaration. Additionally, the operation is subject to the jurisdictional reach of the Commonwealth of Australia and is governed by the EPBC Act, with specific exclusions and restrictions on the export of specimens derived from threatened species and the necessity of supplying copies of state collection permits to the Wildlife Trade Assessments section within a stipulated timeframe.
Key Provisions
The declaration issued by Paul Murphy, the Assistant Secretary, under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), establishes that Venom Supplies of South Australia’s operation involving the wild harvest, keeping, and breeding of snakes qualifies as an Approved Wildlife Trade Operation. This is based on the determination that the operation is a small-scale one as defined in Regulation 9A.20 (2) under Section 303FN (10)(b) of the EPBC Act. This declaration, effective for three years from the date of gazettal, is subject to the conditions specified in Section 303FT.
Venom Supplies is required to operate in accordance with the proposal submitted on 6 August 2014, and must collect animals from the wild in compliance with state or territory permits or licenses that specify the species and number of each species to be collected. Initially, only specimens derived from the snakes listed in Appendix 1 of the proposal can be exported, with any additional species requiring written approval from the Department of the Environment. Furthermore, export is prohibited for specimens derived from species listed as threatened, excluding those in the conservation dependent category under Section 178 of the Act. To maintain transparency and compliance, Venom Supplies must supply copies of state collection permits to the Wildlife Trade Assessments section within 30 days of their renewal.
The declaration outlines several obligations for Venom Supplies. They must ensure their operation adheres strictly to the terms of the proposal submitted on 6 August 2014. This includes securing the necessary state or territory permits or licenses for the collection of animals from the wild, specifying the species and number of each species permitted. They are also mandated to keep records and supply copies of these permits to the Department of the Environment within 30 days of renewal. Additionally, Venom Supplies is restricted to exporting only those snake species listed in Appendix 1 of their proposal unless further species are approved in writing by the Department. The export of specimens derived from threatened species is strictly prohibited.
Failure to comply with the conditions of the declaration may result in civil or criminal consequences. Although the specific penalties are not detailed in the text, breaches of the EPBC Act can lead to significant fines and potential criminal charges. The seriousness of the penalties often depends on the nature and extent of the breach. Additionally, the declaration allows for an application for reasons for the decision to be made by those whose interests are affected within 28 days of the declaration, and an independent review can be sought from the Administrative Appeals Tribunal. These provisions ensure that Venom Supplies’ operations remain compliant with environmental protection and biodiversity conservation objectives.