EXPLANATORY STATEMENT
Select Legislative Instrument 2009 No. 365
Issued by the Authority of the Minister for the Environment, Heritage and the Arts
Environment Protection and Biodiversity Conservation Act 1999
Environment Protection and Biodiversity Conservation Amendment Regulations 2009 (No. 4)
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) provides for the protection of the environment, especially those aspects of the environment that are matters of national environmental significance. Section 520 of the EPBC Act provides, in part, that the Governor-General may make regulations prescribing all matters required or permitted by the EPBC Act to be prescribed, or necessary or convenient to be prescribed for carrying or giving effect to the EPBC Act.
These Regulations amend the Environment Protection and Biodiversity Conservation Regulations 2000 (the Principal Regulations) to align the fees applicable to multiple use export permits for regulated native specimens of Macropus and Thylogale (kangaroo and wallaby) species with the fees applicable to multiple use export permits for all other regulated native specimens.
The multiple use export permit fee for all regulated native specimens is $75 for a six‑month period. For kangaroo and wallably specimens, the additional fee of $60 per export event has been removed.
The additional fee relating to kangaroo and wallaby exports dates from a time when the industry was dominated by a few operators making a small number of large shipments. Since then, the industry has significantly diversified in terms of operators and also the range of derived products. Products now extend from large exports of meat and hides, to small and frequent exports of lower value items including watchbands and keyrings. Consequently, the imposition of an additional fee of $60 per export event has become a significant impairment to the viability of a number businesses. Removal of the additional $60 fee will assist these businesses to continue operation.
Consultation on the Regulations was not specifically undertaken however the amendments were the result of concerns about the impacts of the additional fees for kangaroo and wallaby exports from Kangaroo industry representatives and individual business operators.
The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Regulations commenced on the day after they were registered on the Federal Register of Legislative Instruments.
Overview
The Environment Protection and Biodiversity Conservation Amendment Regulations 2009 (No. 4) were enacted to address a specific issue within the kangaroo and wallaby export industry under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). These regulations were introduced by the Minister for the Environment, Heritage and the Arts and were aimed at aligning the fees for multiple use export permits of regulated native specimens of Macropus and Thylogale species with those of other regulated native specimens. Previously, kangaroo and wallaby exports were subject to an additional fee of $60 per export event, which was seen as an impediment to the industry due to its diversification and the variety of export products, ranging from large shipments to small, frequent exports of lower-value items. The policy objective of these amendments was to remove the additional fee to support the viability and continued operation of businesses within this sector.
These regulations were made under section 520 of the EPBC Act, which allows the Governor-General to prescribe regulations necessary for the implementation of the Act. The amendments were not the result of specific consultation but arose from concerns expressed by kangaroo industry representatives and individual operators regarding the financial burden of the additional fees. The Environment Protection and Biodiversity Conservation Amendment Regulations 2009 (No. 4) came into effect the day after they were registered on the Federal Register of Legislative Instruments, serving as a legislative instrument under the Legislative Instruments Act 2003.
Scope and Application
The Environment Protection and Biodiversity Conservation Amendment Regulations 2009 (No. 4) pertains to entities involved in the export of regulated native specimens, specifically targeting businesses and individuals engaged in the export of Macropus and Thylogale species, commonly known as kangaroos and wallabies. This legislative instrument, issued under the authority of the Minister for the Environment, Heritage and the Arts, seeks to modify the fees associated with multiple use export permits for these species, aligning them with the fees applicable to other regulated native specimens. The overarching objective of these regulations is to address the economic impacts on the industry caused by an additional fee of $60 per export event, which has been deemed excessive and detrimental to the viability of many businesses involved in the export of these species. By removing this additional fee, the regulations aim to support the continued operation of these businesses within the framework of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Although the amendments were not the result of specific consultation, they were driven by feedback from industry representatives and individual operators who highlighted the financial strain imposed by the additional fees. The regulations apply nationally and are part of a broader suite of legislative measures designed to manage and protect biodiversity and environmental heritage in Australia.
Key Provisions
The key provisions of the Environment Protection and Biodiversity Conservation Amendment Regulations 2009 (No. 4) concern the fees applicable to multiple use export permits for regulated native specimens of kangaroos and wallabies (Macropus and Thylogale species). Section 520 of the EPBC Act (s. 520) empowers the Governor-General to make regulations that align the fees for these permits with those for other regulated native specimens. Specifically, the Regulations set the fee for multiple use export permits at $75 for a six-month period, and they remove the additional $60 fee per export event that was previously applicable to kangaroo and wallaby specimens.
These Regulations impose certain obligations on the parties involved, particularly on those involved in the export of regulated native specimens. They mandate that the fees for multiple use export permits for kangaroos and wallabies now align with those for other regulated native specimens, thereby removing the previous additional fee of $60 per export event. This change aims to alleviate the financial burden on businesses that have diversified and now export a range of products, from large shipments of meat and hides to smaller, more frequent shipments of items like watchbands and keyrings.
The Regulations do not explicitly detail offences, penalties, or consequences for non-compliance. However, breaches of the EPBC Act and its Regulations can lead to civil and criminal penalties. The EPBC Act itself provides for fines and imprisonment for violations. For example, under section 509 of the Act, a person can be fined up to $66,600 for an individual offence or $333,000 for a corporate offence, and imprisonment for up to two years for serious offences. The Act also allows for the imposition of administrative penalties, which can include fines of up to $22,200 for individuals and $111,000 for corporations, as well as the recovery of costs associated with enforcement actions.
In summary, the Regulations amend the fees for multiple use export permits of kangaroo and wallaby specimens to align with other native specimens, removing an additional fee that has become a significant financial burden on businesses. While the Regulations themselves do not outline specific penalties, non-compliance with the EPBC Act can result in significant fines and imprisonment.