Wildlife Protection (Regulation of Exports and Imports) Regulations (Amendment)

Overview

The Wildlife Protection (Regulation of Exports and Imports) Regulations (Amendment) 1993 No. 226, issued under the authority of the Minister for the Environment, Sport and Territories, amends the existing Wildlife Protection (Regulation of Exports and Imports) Regulations, which were established under the Wildlife Protection (Regulation of Exports and Imports) Act 1982. This legislative amendment was introduced to address the issue of outdated fee structures that had not been updated since the Act's commencement in May 1984. The 1991/92 review by the Attorney-General's Department highlighted the need for the fee structure to align with current Commonwealth cost recovery practices, ensuring that fees more accurately reflect the costs associated with administering the Act. Consequently, the amended regulations propose adjustments to the fee schedule, including some significant increases, the introduction of fees for previously free services, and in some cases, reductions in fees. These changes are intended as an interim measure, pending further amendments to the underlying Act.

Scope and Application

The Wildlife Protection (Regulation of Exports and Imports) Regulations (Amendment) 1993 No. 226 apply to the administration and enforcement of the Wildlife Protection (Regulation of Exports and Imports) Act 1982 across Australia. These regulations pertain to entities and individuals involved in the export and import of wildlife, including commercial operators, private individuals, and organisations. The amendments primarily affect those seeking permits, authorities, and related services under the Act. The regulations establish new fees for permits, authorities, and applications, which are designed to more accurately reflect the costs associated with administering the Act. This includes introducing fees for applications to become an approved institution or to have a zoological organisation declared as approved, which were previously free of charge. The amendments are a response to the need for cost recovery in line with current Commonwealth practices, though they are considered an interim measure pending further amendments to the Act itself. The fees are set to provide a basis for a subsequent review of the fee structure when the Act is revised. The scope of the regulations is national, applying to all states and territories within Australia.

Key Provisions

The Wildlife Protection (Regulation of Exports and Imports) Regulations (Amendment) 1993 No. 226 propose amendments to the existing regulations under the Wildlife Protection (Regulation of Exports and Imports) Act 1982. Specifically, Regulation 16 and Schedule 3 of the existing regulations, which prescribe fees for permits and authorities, will be amended to more accurately reflect the costs associated with administering the Act. This includes the introduction of fees for applications made under sections 11(3) and 12(3) of the Act (subsections). The new fees are intended to align with current Commonwealth practices of cost recovery, although some allowances have been made for community service obligations. These amendments impose specific obligations on entities and individuals who apply for permits, authorities, or who wish to become approved institutions or zoological organisations under the Act. For example, applicants for permits or authorities will now need to pay a fee as prescribed in the amended regulations. Similarly, organisations seeking to become approved institutions or zoological organisations will be required to pay a $150 application fee. These obligations are designed to ensure that the costs of administering the regulatory framework are adequately covered, and that the resources required to enforce the Act are adequately funded. Failure to comply with the obligations imposed by these regulations may result in civil or criminal consequences, depending on the nature and severity of the breach. For instance, unauthorised export or import of wildlife could lead to criminal charges under the Act, with penalties including fines and imprisonment. The exact penalties for breaches of the amended regulations would be determined by the specific provisions of the Act and the nature of the breach. However, the introduction of fees for applications and permits serves as a deterrent against non-compliance, as those who do not pay the required fees may be unable to proceed with their applications or activities.