Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the need for a coordinated approach to the protection of the environment, particularly in relation to matters of national environmental significance. The Act provides a framework for the protection of wildlife and biodiversity, including the regulation of wildlife trade. This legislation was introduced by the Parliament of Australia to ensure that the commercial exploitation of wildlife is managed in a way that does not threaten species or ecosystems. The policy objective of the Act is to maintain and enhance Australia's biodiversity and protect its unique flora and fauna, while also considering the economic and social impacts of conservation measures. On 5 July 2013, Alex Rankin, as the Delegate of the Minister for Environment, Heritage and Water, declared the Management Plan for the Commercial Harvest of Kangaroos in Western Australia 2013–2014 as an Approved Wildlife Trade Management Plan under section 303FO(2) of the Act. This declaration recognises the Plan as compliant with the requirements of the Act, subject to certain conditions designed to ensure sustainable and responsible management of the commercial harvest of western grey kangaroos and red kangaroos. The declaration is effective from 1 January 2013 until 31 March 2014, or until the Plan is replaced, whichever is earlier.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to various persons, entities, and industries involved in activities that may impact on matters of national environmental significance, including wildlife trade. This particular declaration focuses on the approved wildlife trade management plan for the commercial harvest of kangaroos in Western Australia, specifically targeting the western grey kangaroo and red kangaroo. The geographic reach of this Act is national, with the Commonwealth government having overarching jurisdiction, while the management plan itself pertains to activities within the state of Western Australia. The declaration imposes conditions on the commercial harvest of specified kangaroo species, requiring adherence to the stipulated Plan, annual reporting to the Department of Environment, Heritage and Water, and review of trigger points by the Western Australian Department of Environment and Conservation. The declaration is effective from 1 January 2013 until 31 March 2014, or until superseded by another approved plan. Any affected party may seek reasons for the decision or apply for an independent review under the Administrative Appeals Tribunal Act 1975.

Key Provisions

The main operative sections of this declaration establish the approved status of the Management Plan for the Commercial Harvest of Kangaroos in Western Australia 2013–2014 (section 303FO(2)) and set forth specific conditions governing its implementation (section 303FT). Under section 303FO(3) and 303FO(4), the declaration confirms that the public comments have been considered and that the requirements of the Act have been satisfied. The declaration applies to the commercial harvest of western grey kangaroos (Macropus fuliginosus) and red kangaroos (Macropus rufus), and it stipulates that these species must be harvested according to the terms of the Plan. Additionally, section 303FR(3) requires the submission of an annual report to the Department of Environment, Heritage and Water by 31 March each year. The declaration also mandates that the Western Australian Department of Environment and Conservation review and establish agreed population thresholds for reducing and ceasing the harvest, with these thresholds to be incorporated into the 2014 quotas. The obligations imposed by this Act on the relevant parties are multifaceted. The commercial harvesters must ensure that their activities comply with the approved Management Plan. This involves adhering to specific guidelines, quotas, and any additional requirements outlined in the Plan. Furthermore, the Western Australian Department of Environment and Conservation is required to undertake a review of trigger points to establish population thresholds and to ensure these are integrated into the 2014 quotas. Annual reporting is another critical obligation, where harvesters must submit comprehensive reports to the Department of Environment, Heritage and Water by 31 March each year, covering the preceding calendar year. Should there be a breach of any conditions set out in this declaration, various offences and penalties may apply. While the specific penalties are not detailed in the text, breaches of the Environment Protection and Biodiversity Conservation Act 1999 can lead to both civil and criminal consequences. Civil penalties may include fines, while criminal penalties could potentially include imprisonment, depending on the severity and nature of the breach. The exact penalties are determined by the relevant sections of the Act and the discretion of the court. Additionally, failure to comply with the annual reporting requirements can also result in enforcement actions, including potential fines or other sanctions.