Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted to address the need for comprehensive environmental protection and biodiversity conservation in Australia. The Act provides a framework for the protection of the environment and biodiversity, including the regulation of wildlife trade. This specific gazette, issued on 24 March 2015 by Greg Hunt, the Minister for the Environment, declares the Management Plan for the Export of Kangaroo Skins Derived from those Kangaroos Processed during the two-year Trial as an approved wildlife trade operation under section 303FN of the EPBC Act. The declaration is made in response to public comments and ensures that the Plan complies with the necessary legislative requirements. This declaration aims to regulate the export of kangaroo skins derived from specified kangaroo species, ensuring that the trade is conducted humanely and sustainably. The declaration is subject to certain conditions, including the completion of the Victorian Pet Food Trial and adherence to the National Code for the Humane Shooting of Kangaroos and Wallabies for Commercial Purposes, among others.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to a broad range of activities, entities, and industries within Australia, with the primary goal of protecting and managing the nation's environment and biodiversity. Specifically, this Act empowers the Commonwealth Government to regulate wildlife trade operations, ensuring they adhere to sustainable and humane practices. The Act applies to entities involved in the commercial trade of wildlife, including the export of wildlife products such as kangaroo skins. The geographic reach of the Act is national, providing a unified framework for the protection of biodiversity across state and territory boundaries. The Act's application is further extended and refined through subordinate instruments, such as regulations and codes, which provide detailed operational guidelines and standards for approved wildlife trade operations. Notably, the Act includes provisions for exemptions and exclusions, ensuring that certain low-risk activities are not unduly burdened by regulatory requirements. The declaration of the approved wildlife trade operation for kangaroo skins, as exemplified by the Management Plan for the Export of Kangaroo Skins Derived from those Kangaroos Processed during the two-year Trial, demonstrates the Act's practical application in regulating specific industries while balancing economic and conservation interests.

Key Provisions

The key operative sections of this declaration under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) include sections 303FN and 303FR, which provide the criteria for approving wildlife trade operations and the process for public comment, respectively (sections 1 and 2). The Minister for the Environment, Greg Hunt, has declared that the Management Plan for the Export of Kangaroo Skins Derived from those Kangaroos Processed during the two-year Trial is an approved wildlife trade operation (section 1). This approval is subject to several conditions, including the duration of the operation, the species involved, compliance with the Plan, and restrictions on the use of skins acquired before the gazettal of the operation (section 2). Additionally, an annual report detailing the operation's activities must be submitted by 31 March each year (section 3). The obligations and requirements imposed by the Act on the parties involved include adhering to the approved Management Plan for the Export of Kangaroo Skins and ensuring that all kangaroos are harvested in compliance with the National Code for the Humane Shooting of Kangaroos and Wallabies for Commercial Purposes. The operation must also refrain from using kangaroo skins acquired before the gazettal of the operation for export under the Plan. Furthermore, an annual report must be submitted to Wildlife Trade Assessments, Department of the Environment by 31 March each year, detailing 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. Breaching the terms of the approved wildlife trade operation could result in various civil and criminal consequences. While specific offences and penalties are not detailed in the declaration, breaches of the EPBC Act can generally lead to fines, imprisonment, or both. The maximum penalties can vary significantly depending on the nature and severity of the breach. For instance, offences involving the unauthorised trade of wildlife or non-compliance with wildlife protection laws can result in substantial fines and imprisonment terms. Additionally, entities involved in the operation may face administrative penalties, revocation of permits, or other regulatory sanctions imposed by the relevant authorities.