Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted to address issues related to the protection of the environment and biodiversity in Australia. This Act provides a framework for the conservation and sustainable use of Australia's biodiversity, including its native wildlife. The Act was introduced to fill a gap in comprehensive environmental protection legislation, aiming to ensure that biodiversity is managed in a manner that is both ecologically sustainable and economically viable. The policy objective of the Act is to safeguard Australia's unique natural heritage for future generations while balancing the needs of industry and development. The declaration of an approved wildlife trade operation, such as the Yarra Valley Stock Remover's Wildlife Trade Operation to export kangaroo skins derived from kangaroos processed during the Victorian Pet Food Trial, is an example of how the Act is implemented to regulate and oversee specific activities that may impact biodiversity, ensuring they are conducted in compliance with national standards and regulations.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to various entities involved in wildlife trade operations within Australia. Specifically, this declaration pertains to the Yarra Valley Stock Remover’s operation to export kangaroo skins derived from kangaroos processed during the two-year Victorian Pet Food Trial. The operation is approved under section 303FN of the EPBC Act, subject to certain conditions. It is valid until 31 March 2017, encompassing only the processing of skins from Eastern (Macropus giganteus) and Western (M. fuliginosus) Grey Kangaroos taken under the Victorian Pet Food Trial. The operation is also subject to the requirement of submitting an annual report by 31 March each year, detailing the number of tags issued, skins processed and exported, and ensuring compliance with the National Code for the Humane Shooting of Kangaroos and Wallabies for Commercial Purposes. Additionally, kangaroo skins acquired before the gazettal of this operation cannot be used for export under this wildlife trade operation. The Act extends its application through subordinate instruments, which may further specify details or conditions related to wildlife trade operations.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) provides the legal framework for the protection of Australia's biodiversity. Section 303FN of the EPBC Act allows for the declaration of approved wildlife trade operations, and in this instance, Section 1 of the legislation declares the Yarra Valley Stock Remover's Wildlife Trade Operation to export kangaroo skins derived from kangaroos processed during the two-year Victorian Pet Food Trial as an approved wildlife trade operation (Section 1(a)). This operation is subject to several specific conditions, as outlined in Section 2. Under the declared operation, the export of kangaroo skins is valid until 31 March 2017, which is 12 months after the conclusion of the Victorian Pet Food Trial (Section 2(a)). The operation pertains solely to the processing of skins from Eastern (Macropus giganteus) and Western (M. fuliginosus) Grey Kangaroos obtained during the Victorian Pet Food Trial (Section 2(b)). Additionally, the operation requires an annual report to be submitted to Wildlife Trade Assessments, Department of the Environment by 31 March each year. This report must include details such as the number of tags issued and returned under each Authority to Control Wildlife permit, the number of skins processed and exported, and a declaration that all kangaroos have been taken in compliance with the National Code for the Humane Shooting of Kangaroos and Wallabies for Commercial Purposes (Section 2(c)). The operation must also ensure that the harvest is carried out in accordance with the specified wildlife trade operation (Section 2(d)), and that any kangaroo skins acquired before the gazettal of the operation are not used for export under this operation (Section 2(e)). The parties involved in the approved wildlife trade operation are subject to several obligations and requirements. Firstly, they must adhere to the specific conditions outlined in the declaration, such as the duration of the operation, the types of kangaroos involved, and the submission of annual reports. These reports must provide detailed information regarding the operation, ensuring transparency and compliance with relevant regulations. Furthermore, the operation must be conducted in accordance with the National Code for the Humane Shooting of Kangaroos and Wallabies for Commercial Purposes, ensuring that all activities are carried out ethically and humanely. Failure to comply with the conditions and requirements of the approved wildlife trade operation can lead to civil or criminal consequences. Under the EPBC Act, offences related to wildlife trade can result in significant penalties. For example, unauthorised activities related to the trade of protected wildlife can lead to fines of up to $222,200 for individuals and $1,111,000 for corporations, as well as potential imprisonment terms. The exact penalties depend on the nature and severity of the breach, but the legislation clearly outlines the serious consequences of non-compliance.