New south wales
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2. LEGISLATIVE FRAMEWORK2.1. CommonwealthThe relevant provisions under the EPBC Act came into force on 11 January 2002, following the incorporation of the former Wildlife Protection (Regulation of Exports and Imports) Act 1982. The EPBC Act provides legislative provisions requiring the development and approval of wildlife trade management plans in order for permits to be issued for the commercial export of wildlife products. The EPBC Act states that the Commonwealth minister responsible for the environment may approve a wildlife trade management plan for a maximum of five years. The EPBC Act specifies that such approval must only be given if the Minister is satisfied that:
In deciding whether to declare a plan, the Minister must also have regard to whether:
Finally, in resolving whether to declare a plan, the Minister must also be satisfied that if an animal is killed, it is done in a way that is generally accepted to minimise pain and suffering. Animal welfare standards for the commercial harvesting of kangaroos are detailed in the National Code of Practice for the Humane Shooting of Kangaroos and Wallabies for Commercial Purposes (www.environment.gov.au/biodiversity/trade-use/wild-harvest/kangaroo/practice.html). All kangaroos must be taken in accordance with this Code or any subsequent relevant nationally-endorsed codes that replace that document. 2.2. New South WalesAll kangaroo species and subspecies are ‘protected fauna’ in NSW under the NPW Act. However, the NPW Act and the Regulation make provision for the licensing of a range of activities relating to the commercial harvesting of kangaroos in NSW. Kangaroos can only be taken in accordance with this management plan under a licence issued by OEH. Moreover, under this management plan the commercial harvesting of kangaroos in NSW is presently restricted to the commercial Kangaroo Management Zones illustrated in Figure 1. However, within the life of this plan new commercial kangaroo harvesting zones may be opened, on the basis of population surveys, in areas of NSW where commercial harvesting of kangaroos is not currently occurring. The licensing process as it relates to kangaroo harvesting is summarised in Figure 2 and described in more detail below. The licensing process commences with a landholder applying for an occupier's licence and nominating a licensed harvester to undertake the shooting. Both a harvester’s licence and an occupier’s licence are required for the commercial harvest of kangaroos. Other activities associated with the commercial use of kangaroos require licences specific to those activities (such as fauna dealer’s and skin dealer’s licences).
Landholder nominates licensed harvester to shoot commercially
Occupier’s LicenceIssued under section 121 of the National Parks and Wildlife Act 1974 As it relates to commercial kangaroo harvesting, an occupier's licence entitles the holder to:
The licence states which species, and how many of that species may be taken under the authority of the licence. All kangaroos must be taken in accordance with the National Code of Practice for the Humane Shooting of Kangaroos and Wallabies for Commercial Purposes. Pouch young and young at foot that are euthanized in accordance with this Code of Practice are not included in the total authorised to be taken. For commercial kangaroo harvesting, an occupier's licence is subject to a condition requiring tags to be affixed or attached to the carcase of all kangaroos taken under the authority of the licence. The licence must not be issued unless the licensee has been supplied by OEH with sufficient tags to enable the licensee to comply with the relevant condition. For further details on the issue of tags refer to section below. Before approving an application for an occupier's licence, an authorised OEH officer will consider relevant information, including confirming that:
Occupier's licences are subject to conditions that include, but are not limited to:
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