Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment, particularly the conservation of biodiversity, and the ecologically sustainable use of natural resources. This legislation aims to address the problem of unsustainable wildlife trade by implementing a framework for the management of wildlife trade at the national level. The Act was introduced by the Parliament of Australia and is intended to ensure that wildlife trade is conducted in a manner that is ecologically sustainable and does not threaten the survival of species. In this context, the Minister for the Environment and Energy has declared the ‘New South Wales Commercial Kangaroo Harvest Management Plan 2017–2021’ as an Approved Wildlife Trade Management Plan. This declaration signifies that the Plan has been assessed and found to meet the requirements of the Act, thereby providing a legal framework for the commercial harvest of kangaroos in New South Wales over the specified period. The declaration also includes specific conditions for the implementation of the Plan, such as the submission of annual reports and quota reports to the Department of the Environment and Energy.

Scope and Application

The declaration issued under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) pertains to the approval of the 'New South Wales Commercial Kangaroo Harvest Management Plan 2017–2021' as an Approved Wildlife Trade Management Plan. This approval applies to the entities and individuals involved in the commercial harvesting of kangaroos in New South Wales during the specified period. The Act imposes obligations on these parties to adhere to the management plan, ensuring the sustainable harvest of kangaroos within the specified quota and regulatory framework. The declaration imposes conditions on the approved management plan, including the requirement to submit a quota report by 30 November each year and an annual report by 31 March each year, both to be submitted to the Department of the Environment and Energy. The approval is valid from 1 January 2017 to 31 December 2021, after which it will require renewal or amendment to continue to be effective. This legislative framework underscores the Commonwealth's role in overseeing and regulating wildlife trade to protect biodiversity and ensure environmental sustainability.

Key Provisions

The primary operative sections of the declaration require that the commercial kangaroo harvest in New South Wales be conducted in line with the 'New South Wales Commercial Kangaroo Harvest Management Plan 2017–2021'. This includes specific conditions such as the submission of a quota report to the Department of the Environment and Energy by 30 November each year (Section 1) and the submission of an annual report by 31 March each year, covering the previous calendar year (Section 3). These requirements are outlined in sections 303FR and 303FO of the Environment Protection and Biodiversity Conservation Act 1999. The approval for this plan is valid from 1 January 2017 until 31 December 2021, unless it is amended or revoked. The obligations imposed by this Act on the parties or entities it governs are quite specific. The most notable obligation is the adherence to the 'New South Wales Commercial Kangaroo Harvest Management Plan 2017–2021', ensuring that all commercial kangaroo harvesting activities comply with the stipulated guidelines and protocols. Additionally, the responsible parties must submit the required quota report by 30 November annually and an annual report by 31 March, each year. These reports must be submitted to the Department of the Environment and Energy and must cover the preceding calendar year. Failure to comply with these obligations could lead to legal repercussions as outlined in the Act. Breaches of the conditions set out in this declaration can result in various consequences, both civil and criminal. Under the Environment Protection and Biodiversity Conservation Act 1999, penalties for non-compliance can include fines and, in severe cases, imprisonment. The maximum penalties can vary depending on the specific breach and the severity of the non-compliance. For example, significant breaches could result in fines up to $1.1 million for corporations and up to $220,000 for individuals, as well as potential imprisonment terms. It is important for parties involved in the commercial kangaroo harvest to be fully aware of their obligations and to ensure strict adherence to the Plan to avoid these severe consequences.