Wildlife Protection (Regulation of Exports and Imports) Regulations (Amendment) 1996 No. 332
EXPLANATORY STATEMENT
STATUTORY RULES 1996 No. 332
Issued by the authority of the Minister for the Environment
Wildlife Protection (Regulation of Exports and Imports) Act 1982
Wildlife Protection (Regulation of Exports and Imports) Regulations (Amendment)
Section 81 of the Wildlife Protection (Regulation of Exports and Imports) Act 1982 (the Act) provides for the making of regulations by the Governor-General.
The purpose of these Regulations is to amend the Wildlife Protection (Regulation of Exports and Imports) Regulations which are in force under the Wildlife Protection (Regulation of Exports and Imports) Act 1982.
The amendments proposed will address changes to the provisions of the Act under recent amendments contained in the Wildlife Protection (Regulation of Exports and Imports) Amendment Act 1995. Regulations 5 and 16 are proposed to be amended and new Regulations 5A, 7A, 10A and 10B are proposed.
Regulations 5 and 5A provide for matters to be met before a management program or controlled specimens program is declared by the Minister under subsections 10 (2) and 10A (5), respectively, of the Act.
Regulation 7A is a proposed new Regulation which gives effect to a recent amendment to the Act relating to the conditions to be met prior to the granting of a permit for export of zoological live animals.
Regulation 10A is a proposed new Regulation which gives effect to a recent amendment to the Act relating to the. discretionary power of requiring the making of certain live specimens for the purposes of identification.
Regulation 10B is a proposed new Regulation which gives effect to a recent amendment to the Act relating to the specification of the kinds of possession of classified exotic birds under the registration of possession programme.
Regulation 16 sets out certain fees for granting of permits and authorities and for administrative processing of applications. Amendments proposed would provide an exemption of fees for applications under sections 9, 10 or 10A of the Act where the applicant is a governmental authority and would outline new fees in Schedule 3 reflecting provisions for new types of applications under sections 57D and 69D of the Act as recently amended.
Overview
The Wildlife Protection (Regulation of Exports and Imports) Regulations (Amendment) 1996 No. 332 were introduced to update and refine the existing regulatory framework established under the Wildlife Protection (Regulation of Exports and Imports) Act 1982. This Act was enacted to address the problem of unsustainable and illegal trade of wildlife, aiming to protect native species from over-exploitation and trafficking. These amendments were issued by the authority of the Minister for the Environment and respond to recent legislative changes introduced by the Wildlife Protection (Regulation of Exports and Imports) Amendment Act 1995. The overarching policy objective is to ensure that the regulations align with the updated statutory requirements, enhancing the enforcement and administration of wildlife protection laws to meet contemporary challenges. The proposed amendments focus on updating various regulatory provisions to reflect new conditions for management and control programs, permit requirements, and fee structures, ensuring they are consistent with the most recent legislative intent and administrative practices.
Scope and Application
The Wildlife Protection (Regulation of Exports and Imports) Regulations (Amendment) 1996 No. 332 apply to the management and control of the export and import of wildlife specimens as regulated under the Wildlife Protection (Regulation of Exports and Imports) Act 1982. This Act applies to individuals, entities, and industries involved in the export or import of wildlife and their specimens, including zoological live animals, exotic birds, and other classified specimens. The regulations extend to the entire Commonwealth of Australia and are designed to implement the provisions of the primary Act, which includes updates and refinements made by the Wildlife Protection (Regulation of Exports and Imports) Amendment Act 1995. These amendments include new regulations and modifications to existing ones, such as changes to the conditions for issuing export permits, the creation of management and controlled specimens programs, and the specification of fees for various permit applications, including exemptions for governmental authorities. The application of these regulations is further detailed and extended through subordinate instruments, which provide specific operational guidelines and administrative procedures.
Key Provisions
The Wildlife Protection (Regulation of Exports and Imports) Regulations (Amendment) 1996 No. 332 primarily aims to amend the existing regulations under the Wildlife Protection (Regulation of Exports and Imports) Act 1982. These amendments seek to incorporate changes introduced by the Wildlife Protection (Regulation of Exports and Imports) Amendment Act 1995. Specifically, Regulations 5 and 16 are to be amended, and new Regulations 5A, 7A, 10A, and 10B are proposed (Section 81 of the Act). Regulation 5A will address conditions for declaring a management program, while Regulation 7A will outline conditions for exporting zoological live animals. Regulation 10A will concern the discretionary power for requiring certain live specimens for identification purposes, and Regulation 10B will detail the kinds of possession of classified exotic birds under the registration of possession program. Lastly, Regulation 16 will update the fees associated with permit applications and administrative processing.
These regulations impose specific obligations on the parties involved, particularly those engaged in the export and import of wildlife and zoological specimens. For example, entities must ensure they meet the conditions specified in Regulations 5, 5A, and 7A before applying for a permit to export zoological live animals. Furthermore, they must comply with the requirements set out in Regulations 10A and 10B regarding the identification and possession of live specimens. Failure to adhere to these provisions can result in significant legal consequences. Additionally, entities must be aware of the fee structures outlined in Regulation 16, which include exemptions for governmental authorities and updated fees for certain types of applications.
Failure to comply with the provisions of these regulations can result in various legal consequences. The Act provides for both civil and criminal penalties for breaches. For instance, unauthorised export or import of wildlife can lead to fines and imprisonment. The maximum penalties vary depending on the severity of the offence. Under the Wildlife Protection (Regulation of Exports and Imports) Act 1982, individuals can face substantial fines and imprisonment for serious violations. For example, wilfully contravening the provisions of the Act can result in a fine of up to $220,000 for individuals and $1,100,000 for corporations, along with imprisonment for up to five years. These stringent penalties underscore the importance of adhering to the regulations to avoid severe repercussions.