Environment Protection and Biodiversity Conservation Amendment (Wildlife Protection) Act 2001
Div 5Concepts relating to permit criteria
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Subdivision A—Non‑commercial purpose exports and imports
303FA Eligible non‑commercial purpose exports
For the purposes of this Part, the export of a specimen is an eligible non‑commercial purpose export if, and only if:
(a) the export of the specimen would be an export for the purposes of research in accordance with section 303FC; or
(b) the export of the specimen would be an export for the purposes of education in accordance with section 303FD; or
(c) the export of the specimen would be an export for the purposes of exhibition in accordance with section 303FE; or
(d) the export of the specimen would be an export for the purposes of conservation breeding or propagation in accordance with section 303FF; or
(e) the export of the specimen would be an export of a household pet in accordance with section 303FG; or
(f) the export of the specimen would be an export of a personal item in accordance with section 303FH; or
(g) the export of a specimen would be an export for the purposes of a travelling exhibition in accordance with section 303FI.
303FB Eligible non‑commercial purpose imports
For the purposes of this Part, the import of a specimen is an eligible non‑commercial purpose import if, and only if:
(a) the import of the specimen would be an import for the purposes of research in accordance with section 303FC; or
(b) the import of the specimen would be an import for the purposes of education in accordance with section 303FD; or
(c) the import of the specimen would be an import for the purposes of exhibition in accordance with section 303FE; or
(d) the import of the specimen would be an import for the purposes of conservation breeding or propagation in accordance with section 303FF; or
(e) the import of the specimen would be an import of a household pet in accordance with section 303FG; or
(f) the import of the specimen would be an import of a personal item in accordance with section 303FH; or
(g) the import of a specimen would be an import for the purposes of a travelling exhibition in accordance with section 303FI.
303FC Export or import for the purposes of research
(1) The export of a specimen is an export for the purposes of research in accordance with this section if:
(a) the specimen will be used for the purpose of scientific research; and
(b) the objects of the research are covered by any or all of the following subparagraphs:
(i) the acquisition of a better understanding, and/or increased knowledge, of a taxon to which the specimen belongs;
Division Div 5 - Environment Protection and Biodiversity Conservation Amendment (Wildlife Protection) Act 2001 - Concepts relating to permit criteria | Zoe
(ii) the conservation of biodiversity;
(iii) the maintenance and/or improvement of human health; and
(c) the export is not primarily for commercial purposes; and
(2) The import of a specimen is an import for the purposes of research in accordance with this section if:
(a) the specimen will be used for the purpose of scientific research; and
(b) the objects of the research are covered by any or all of the following subparagraphs:
(i) the acquisition of a better understanding, and/or increased knowledge, of a taxon to which the specimen belongs;
(ii) the conservation of biodiversity;
(iii) the maintenance and/or improvement of human health; and
(c) the import is not primarily for commercial purposes; and
303FD Export or import for the purposes of education
(1) The export of a specimen is an export for the purposes of education in accordance with this section if:
(a) the specimen will be used for the purpose of education or training; and
(2) The import of a specimen is an import for the purposes of education in accordance with this section if:
(a) the specimen will be used for the purpose of education or training; and
303FE Export or import for the purposes of exhibition
(1) The export of a specimen is an export for the purposes of exhibition in accordance with this section if:
(a) the specimen will be used for the purpose of an exhibition; and
(2) The import of a specimen is an import for the purposes of exhibition in accordance with this section if:
(a) the specimen will be used for the purpose of an exhibition; and
exhibition includes a zoo or menagerie.
303FF Export or import for conservation breeding or propagation
(1) The export of a specimen is an export for the purposes of conservation breeding or propagation in accordance with this section if:
(a) the specimen is a live animal or a live plant; and
(b) the specimen is for use in a program the object of which is the establishment and/or maintenance of a breeding population; and
(c) the program is a program that, under the regulations, is taken to be an approved co‑operative conservation program; and
(d) the export is not primarily for commercial purposes; and
(e) such other conditions (if any) as are specified in the regulations have been, or are likely to be, satisfied.
(2) The import of a specimen is an import for the purposes of conservation breeding or propagation in accordance with this section if:
(a) the specimen is a live animal or a live plant; and
(b) the specimen is for use in a program the object of which is the establishment and/or maintenance of a breeding population; and
(c) the program is a program that, under the regulations, is taken to be an approved co‑operative conservation program; and
(d) the import is not primarily for commercial purposes; and
(e) such other conditions (if any) as are specified in the regulations have been, or are likely to be, satisfied.
303FG Export or import of household pets
Export of live native animals
(1) The export of a live native animal (other than a CITES specimen) is an export of a household pet in accordance with this section if:
(a) the animal is included in the list referred to in subsection (4); and
(c) such other conditions as are specified in the regulations have been, or are likely to be, satisfied.
Export of live CITES specimens
(2) The export of a CITES specimen is an export of a household pet in accordance with this section if:
(a) the specimen is a live animal; and
(b) if the animal is a native animal—the animal is included in the list referred to in subsection (4); and
(c) the export is not primarily for commercial purposes; and
(d) such other conditions as are specified in the regulations have been, or are likely to be, satisfied.
Import of live animals
(3) The import of a live animal is an import of a household pet in accordance with this section if:
(a) the conditions specified in the regulations have been, or are likely to be, satisfied; and
(c) the animal is included in Part 2 of the list referred to in section 303EB.
Listing of native household pet animals
(4) The Minister must, by instrument published in the Gazette, establish a list of native household pet animals.
(5) The list, as first established, must contain the animals referred to in Schedule 7 to the Wildlife Protection (Regulation of Exports and Imports) Act 1982, as in force immediately before the commencement of this section.
(6) The Minister may, by instrument in the Gazette, amend the list referred to in subsection (4) by:
(a) including items in the list; or
(b) deleting items from the list; or
(c) correcting an inaccuracy or updating the name of a species.
(7) An instrument under subsection (6) (other than an instrument mentioned in paragraph (6)(c)) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
303FH Export or import of personal items
(1) The export of a specimen is an export of a personal item in accordance with this section if:
(a) the specimen is not a live specimen; and
(c) the conditions specified in the regulations have been, or are likely to be, satisfied.
(2) The import of a specimen is an import of a personal item in accordance with this section if:
(a) the specimen is not a live specimen; and
(c) the conditions specified in the regulations have been, or are likely to be, satisfied.
303FI Export or import for the purposes of a travelling exhibition
(1) The export of a specimen is an export for the purposes of a travelling exhibition in accordance with this section if:
(a) the export is not primarily for commercial purposes; and
(b) the conditions specified in the regulations have been, or are likely to be, satisfied.
(2) The import of a specimen is an import for the purposes of a travelling exhibition in accordance with this section if:
(a) the import is not primarily for commercial purposes; and
(b) the conditions specified in the regulations have been, or are likely to be, satisfied.
Subdivision B—Commercial purpose exports and imports
303FJ Eligible commercial purpose exports
For the purposes of this Part, the export of a specimen is an eligible commercial purpose export if, and only if:
(a) the export of the specimen would be an export from an approved captive breeding program in accordance with section 303FK; or
(b) the export of the specimen would be an export from an approved artificial propagation program in accordance with section 303FL; or
(c) the export of the specimen would be an export from an approved aquaculture program in accordance with section 303FM; or
(d) the export of the specimen would be an export in accordance with an approved wildlife trade operation (section 303FN); or
(e) the export of the specimen would be an export in accordance with an approved wildlife trade management plan (section 303FO).
Note: See also subsection 303DD(3), which deals with accredited wildlife trade management plans.
303FK Export or import from an approved captive breeding program
(1) The export of a specimen is an export from an approved captive breeding program in accordance with this section if the specimen was sourced from a program that, under the regulations, is taken to be an approved captive breeding program.
(2) The export of a specimen is an export from an approved CITES‑registered captive breeding program in accordance with this section if the specimen was sourced from a program that, under the regulations, is taken to be an approved CITES‑registered captive breeding program.
(3) The import of a specimen is an import from an approved CITES‑registered captive breeding program in accordance with this section if the specimen was sourced from a program that, under the regulations, is taken to be an approved CITES‑registered captive breeding program.
303FL Export from an approved artificial propagation program
The export of a specimen is an export from an approved artificial propagation program in accordance with this section if the specimen was sourced from a program that, under the regulations, is taken to be an approved artificial propagation program.
303FM Export from an approved aquaculture program
The export of a specimen is an export from an approved aquaculture program in accordance with this section if the specimen was sourced from a program that, under the regulations, is taken to be an approved aquaculture program.
303FN Approved wildlife trade operation
(1) The export of a specimen is an export in accordance with an approved wildlife trade operation if the specimen is, or is derived from, a specimen that was taken in accordance with a wildlife trade operation declared by a declaration in force under subsection (2) to be an approved wildlife trade operation.
(2) The Minister may, by instrument published in the Gazette, declare that a specified wildlife trade operation is an approved wildlife trade operation for the purposes of this section.
(3) The Minister must not declare an operation under subsection (2) unless the Minister is satisfied that:
(a) the operation is consistent with the objects of this Part; and
(b) the operation will not be detrimental to:
(i) the survival of a taxon to which the operation relates; or
(ii) the conservation status of a taxon to which the operation relates; and
(ba) the operation will not be likely to threaten any relevant ecosystem including (but not limited to) any habitat or biodiversity; and
(c) if the operation relates to the taking of live specimens that belong to a taxon specified in the regulations—the conditions that, under the regulations, are applicable to the welfare of the specimens are likely to be complied with; and
(4) In deciding whether to declare an operation under subsection (2), the Minister must have regard to:
(a) the significance of the impact of the operation on an ecosystem (for example, an impact on habitat or biodiversity); and
(b) the effectiveness of the management arrangements for the operation (including monitoring procedures).
(5) In deciding whether to declare an operation under subsection (2), the Minister must have regard to:
(a) whether legislation relating to the protection, conservation or management of the specimens to which the operation relates is in force in the State or Territory concerned; and
(b) whether the legislation applies throughout the State or Territory concerned; and
(c) whether, in the opinion of the Minister, the legislation is effective.
(6) A declaration under subsection (2) ceases to be in force at the beginning of the third anniversary of the day on which the declaration took effect. However, this rule does not apply if a period of less than 3 years is specified in the declaration in accordance with subsection 303FT(4).
(7) If a declaration ceases to be in force, this Act does not prevent the Minister from making a fresh declaration under subsection (2).
(8) A fresh declaration may be made during the 90‑day period before the time when the current declaration ceases to be in force.
(9) A fresh declaration that is made during that 90‑day period takes effect immediately after the end of that period.
(10) For the purposes of this section, an operation is a wildlife trade operation if, and only if, the operation is an operation for the taking of specimens and:
(a) the operation is an operation that, under the regulations, is taken to be a market‑testing operation; or
(b) the operation is an operation that, under the regulations, is taken to be a small‑scale operation; or
(c) the operation is an operation that, under the regulations, is taken to be a developmental operation; or
(d) the operation is a commercial fishery; or
(e) the operation is an operation that, under the regulations, is taken to be a provisional operation; or
(f) the operation is an operation of a kind specified in the regulations.
(10A) In deciding whether to declare that a commercial fishery is an approved wildlife trade operation for the purposes of this section, the Minister must rely primarily on the outcomes of any assessment in relation to the fishery carried out for the purposes of Division 1 or 2 of Part 10.
(10B) Subsection (10A) does not limit the matters that may be taken into account in deciding whether to declare that a fishery is an approved wildlife trade operation for the purposes of this section.
(11) In this section:
fish includes all species of bony fish, sharks, rays, crustaceans, molluscs and other marine organisms, but does not include marine mammals or marine reptiles.
fishery means a class of activities by way of fishing, including activities identified by reference to all or any of the following:
(a) a species or type of fish;
(b) a description of fish by reference to sex or any other characteristic;
(c) an area of waters or of seabed;
(d) a method of fishing;
(e) a class of vessels;
(f) a class of persons;
(g) a purpose of activities.
303FO Approved wildlife trade management plan
(1) The export of a specimen is an export in accordance with an approved wildlife trade management plan if the specimen is, or is derived from, a specimen that was taken in accordance with a plan declared by a declaration in force under subsection (2) to be an approved wildlife trade management plan.
(2) The Minister may, by instrument published in the Gazette, declare that a specified plan is an approved wildlife trade management plan for the purposes of this section.
(3) The Minister must not declare a plan under subsection (2) unless the Minister is satisfied that:
(a) the plan is consistent with the objects of this Part; and
(b) there has been an assessment of the environmental impact of the activities covered by the plan, including (but not limited to) an assessment of:
(i) the status of the species to which the plan relates in the wild; and
(ii) the extent of the habitat of the species to which the plan relates; and
(iii) the threats to the species to which the plan relates; and
(iv) the impacts of the activities covered by the plan on the habitat or relevant ecosystems; and
(c) the plan includes management controls directed towards ensuring that the impacts of the activities covered by the plan on:
(i) a taxon to which the plan relates; and
(ii) any taxa that may be affected by activities covered by the plan; and
(iii) any relevant ecosystem (for example, impacts on habitat or biodiversity);
are ecologically sustainable; and
(d) the activities covered by the plan will not be detrimental to:
(i) the survival of a taxon to which the plan relates; or
(ii) the conservation status of a taxon to which the plan relates; or
(iii) any relevant ecosystem (for example, detriment to habitat or biodiversity); and
(e) the plan includes measures:
(i) to mitigate and/or minimise the environmental impact of the activities covered by the plan; and
(ii) to monitor the environmental impact of the activities covered by the plan; and
(iii) to respond to changes in the environmental impact of the activities covered by the plan; and
(f) if the plan relates to the taking of live specimens that belong to a taxon specified in the regulations—the conditions that, under the regulations, are applicable to the welfare of the specimens are likely to be complied with; and
(g) such other conditions (if any) as are specified in the regulations have been, or are likely to be, satisfied.
(4) In deciding whether to declare a plan under subsection (2), the Minister must have regard to:
(a) whether legislation relating to the protection, conservation or management of the specimens to which the plan relates is in force in the State or Territory concerned; and
(b) whether the legislation applies throughout the State or Territory concerned; and
(c) whether, in the opinion of the Minister, the legislation is effective.
(5) A declaration under subsection (2) ceases to be in force at the beginning of the fifth anniversary of the day on which the declaration took effect. However, this rule does not apply if a period of less than 5 years is specified in the declaration in accordance with subsection 303FT(4).
(6) If a declaration ceases to be in force, this Act does not prevent the Minister from making a fresh declaration under subsection (2).
(7) A fresh declaration may be made during the 90‑day period before the time when the current declaration ceases to be in force.
(8) A fresh declaration that is made during that 90‑day period takes effect immediately after the end of that period.
303FP Accredited wildlife trade management plan
(1) The export of a specimen is an export in accordance with an accredited wildlife trade management plan if the specimen is, or is derived from, a specimen that was taken in accordance with a plan declared by a declaration in force under subsection (2) to be an accredited wildlife trade management plan.
(2) The Minister may, by instrument published in the Gazette, declare that a specified plan is an accredited wildlife trade management plan for the purposes of this section.
(3) The Minister must not declare a plan under subsection (2) unless the Minister is satisfied that:
(a) the plan is in force under a law of the Commonwealth or of a State or Territory; and
(b) the conditions set out in subsection 303FO(3) have been met in relation to the plan; and
(c) the plan imposes limits in relation to the taking of specimens; and
(d) the compliance and enforcement measures relating to the plan are likely to be effective in preventing specimens taken in breach of the plan from being traded or exported; and
(e) the plan provides for the monitoring of:
(i) the taking of specimens under the plan; and
(ii) the export of specimens taken under the plan; and
(iii) the status of the species to which the plan relates in the wild; and
(iv) the impacts of the activities under the plan on the habitat of the species to which the plan relates; and
(f) the plan provides for statistical reports about specimens taken under the plan to be given to the Minister on a regular basis; and
(g) such other conditions (if any) as are specified in the regulations have been, or are likely to be, satisfied.
(4) A declaration under subsection (2) ceases to be in force at the beginning of the fifth anniversary of the day on which the declaration took effect. However, this rule does not apply if a period of less than 5 years is specified in the declaration in accordance with subsection 303FT(4).
(5) If a declaration ceases to be in force, this Act does not prevent the Minister from making a fresh declaration under subsection (2).
(6) A fresh declaration may be made during the 90‑day period before the time when the current declaration ceases to be in force.
(7) A fresh declaration that is made during that 90‑day period takes effect immediately after the end of that period.
(8) The Minister must publish on the Internet copies of reports given as mentioned in paragraph (3)(f).
(9) The Minister is not required to comply with subsection (8) to the extent to which compliance could reasonably be expected to:
(a) prejudice substantially the commercial interests of a person; or
(b) be detrimental to:
(i) the survival of a taxon to which the plan relates; or
(ii) the conservation status of a taxon to which the plan relates.
303FQ Consultation with State and Territory agencies
Before making a declaration under section 303FO or 303FP, the Minister must consult a relevant agency of each State and self‑governing Territory affected by the declaration.
303FR Public consultation
(1) Before making a declaration under section 303FN, 303FO or 303FP, the Minister must cause to be published on the Internet a notice:
(a) setting out the proposal to make the declaration; and
(b) setting out sufficient information to enable persons and organisations to consider adequately the merits of the proposal; and
(c) inviting persons and organisations to give the Minister, within the period specified in the notice, written comments about the proposal.
(2) A period specified in a notice under subsection (1) must not be shorter than 20 business days after the date on which the notice was published on the Internet.
(3) In making a decision about whether to make a declaration under section 303FN, 303FO or 303FP, the Minister must consider any comments about the proposal to make the declaration that were given in response to an invitation under subsection (1).
303FRA Assessments
(1) The regulations may prescribe an assessment process that is to be used for the purposes of sections 303FN, 303FO and 303FP to assess the potential impacts on the environment of:
(a) a wildlife trade operation; or
(b) the activities covered by a plan;
where the operation is, or the activities are, likely to have a significant impact on the environment.
(2) If regulations made for the purposes of subsection (1) apply to a wildlife trade operation or to a plan, the Minister must not declare:
(a) the operation under subsection 303FN(2); or
(b) the plan under subsection 303FO(2) or 303FP(2);
unless the assessment process prescribed by those regulations has been followed in relation to the assessment of the operation or plan, as the case may be.
(3) Without limiting subsection (1), regulations made for the purposes of that subsection may make provision for:
(a) the application of Part 8 (except sections 82, 83 and 84) and the other provisions of this Act (so far as they relate to that Part) in relation to the assessment process, subject to such modifications as are specified in the regulations; and
(b) exemptions from the assessment process.
(4) In this section:
modifications includes additions, omissions and substitutions.
wildlife trade operation has the same meaning as in subsection 303FN(10), but does not include an operation mentioned in paragraph 303FN(10)(d).
303FS Register of declarations
(1) The Minister must cause to be maintained a register that sets out declarations made under section 303FN, 303FO or 303FP.
303FT Additional provisions relating to declarations
(1) This section applies to a declaration under section 303FN, 303FO or 303FP.
(2) A declaration may be made:
(a) on the Minister’s own initiative; or
(b) on written application being made to the Minister.
(3) The Minister may make a declaration about a plan or operation even though he or she considers that the plan or operation should be the subject of the declaration only to the extent that the plan or operation relates to a particular class of specimens. In such a case:
(a) the instrument of declaration is to specify that class of specimens; and
(b) the plan or operation is covered by the declaration only to the extent that the plan or operation relates to that class of specimens.
(4) The Minister may make a declaration about a plan or operation even though he or she considers that the plan or operation should be the subject of the declaration only:
(a) during a particular period; or
(b) while certain circumstances exist; or
(c) while a certain condition is complied with.
In such a case, the instrument of declaration is to specify the period, circumstances or condition.
(5) If a declaration specifies a particular period as mentioned in subsection (4), the declaration ceases to be in force at the end of that period.
(6) If a declaration specifies circumstances as mentioned in subsection (4), the Minister must, by instrument published in the Gazette, revoke the declaration if he or she is satisfied that those circumstances have ceased to exist.
(7) The Minister may, by instrument published in the Gazette, vary a declaration by:
(a) specifying one or more conditions (or further conditions) to which the declaration is subject; or
(b) revoking or varying a condition:
(i) specified in the instrument of declaration; or
(ii) specified under paragraph (a).
(8) A condition may relate to reporting or monitoring.
(9) The Minister must, by instrument published in the Gazette, revoke a declaration if he or she is satisfied that a condition of the declaration has been contravened.
(10) The Minister may, by instrument published in the Gazette, revoke a declaration at any time.
(11) A copy of an instrument under section 303FN, 303FO or 303FP or this section is to be made available for inspection on the Internet.
303FU Approved commercial import program
The import of a specimen is an import from an approved commercial import program in accordance with this section if the specimen is sourced from a program that, under the regulations, is taken to be an approved commercial import program.