View Single Post
Old 08-23-04, 04:04 PM   #27 (permalink)
Former member
hip's Avatar
Join Date: Apr-2002
Location: Left of center
Age: 49
Posts: 462
Here it is from the aussie gov web site a bit long but a good read and helps keep us informed

3.1 Under Section 92 of the Australian Constitution, trade in fauna within Australia cannot be prevented. However, the control of wildlife use, both commercially and non-commercially, can be regulated and power to do this is vested in both Federal and state legislatures. Each state and territory has legislation which controls the keeping and movement of wildlife, and regulations which govern regional and local conditions such as farm practice, cull quotas, and provision of products for the domestic market.

3.2 However, while most regulations concerning commercial use of wildlife lie within the ambit of state government control, the Federal government plays an important role in some areas (such as production processes, post-marketing and industry development) [1] and, critically, in the control of exports. [2] Thus regardless what each state government does, because exports are controlled by the Federal government and because the economic development of wildlife industries depends to a large extent on obtaining overseas markets, ultimate control primarily lies with the Federal government.

3.3 Control of actions relating to the environment in Australia and in particular actions relating to wildlife, occurs at the Federal level through a suite of over 30 pieces of legislation. The statute most relevant to this inquiry is the Wildlife Protection (Regulation of Exports and Imports) Act 1982 which controls the export of all wildlife and wildlife products from Australia and into Australia.

Federal Legislation
Wildlife Protection (Regulation of Exports and Imports) Act 1982
3.4 The Wildlife Protection (Regulation of Exports and Imports) Act 1982 is the legislative basis for Federal control over the export and import of wildlife and wildlife products. Controls under the Act apply to all relevant transactions by museums, zoos, scientific institutions, commercial organisations, tourists, migrants and the general public. 'Wildlife' is not defined in the Act but is usually interpreted in its broadest sense and refers to all animals and plants subject to regulations under the Act. The terms 'animal' and 'plant' are defined.

3.5 The two main objectives of the Act are: (1) to put into legislative framework Australia's obligations under the international Convention on Trade in Endangered Species of Wild Fauna and Flora (CITES) which was signed in Washington on 3 March 1973; and (2) to further the protection and conservation of the wild fauna and flora of Australia and of other countries through the regulation of export and import of plants (and plant parts) and animals (and animal parts).

3.6 The administration of the Act is primarily undertaken by the Wildlife Protection Section of Environment Australia. [3] The assessment of applications for approved management programs (section 10 of the Act) and controlled specimens (section 10A of the Act) is undertaken by the Wildlife Population Assessment Section of Environment Australia. Enforcement of the Act is undertaken primarily by the Australian Customs Service with whom the Wildlife Protection Section works in close cooperation. Enforcement is also assisted by the Australian Federal Police. Disputed decisions are subject to review by the Administrative Appeals Tribunal. The Act also provides for exemptions of certain specimens used by traditional inhabitants (Australian Aboriginal people, Torres Strait Islanders and Papua New Guineans).

3.7 The Act provides for permits or authorities to be issued for a variety of purposes and specifies the criteria which must be met before they can be granted. Any application to export a live specimen must be approved via a permit and the Act lists the conditions which must be satisfied before the Minister can issue a permit. Permits to export live native Australian animals may be granted only in four types of circumstances:

the commercial export of live invertebrates and freshwater fish which have been bred in captivity or taken under an approved management program;
the export of certain species of live native birds as household pets (listed in Schedule 7 of the Act), by persons that have met specific criteria;
transactions involving a scientific institution where the institution is primarily non-commercial, has demonstrated the capacity to undertake the proposed research, makes the results of such research publicly available; and
transfers between publicly owned Australian and overseas zoos is permitted provided the zoos can demonstrate they have a high standard of management, animal husbandry and accommodation and have the facilities and expertise to properly care for the animals being sought.
3.8 Because these conditions do not include any provision for a private individual or company to export live specimens for commercial purposes, this activity is by default prohibited.

3.9 Section 10 of the Act regulates wild harvested specimens (that is, products obtained from native wildlife). [4] Specimens may be harvested under a Management Program or as a Controlled Specimen. A Management Program or Controlled Specimen Program may not be declared unless legislation relating to the protection, conservation or management of the animals or plants is in force in the state or territory [5] and, in the opinion of the Minister, the legislation is effective. This requirement can, in special circumstances, be waived for Controlled Specimens.

3.10 The major difference between the two arrangements are that in Management Programs the Minister must be `satisfied' about a number of criteria in making a decision, while under Controlled Specimens similar criteria must be `taken into account' when making a decision. Management Programs are generally required for larger, more established harvesting proposals, while Controlled Specimen declarations are used for smaller, start up operations where there is often less information on the biology and ecology of the species in question. The Act provides for Management Programs to be declared where there is sufficient information available on the biology of the species proposed for harvesting to ensure that it will not be to the irreversible detriment of the species or its habitat. Management Programs are usually administered by state government agencies and reflect state-wide management for the particular species concerned. The criteria for a Management Program are listed in Appendix IV of this report. The Act provides an opportunity for public consultation on proposed Management Programs and Controlled Specimens and concerned persons are invited, by annual public notice, to register their interest in receiving copies of proposals for comment before the programs are approved and declared.

3.11 The Controlled Specimens provision allows for commercial harvesting and trade, under strict conditions, where it would be inappropriate to insist on a Management Program and where it is consistent with the object of the Act not to declare an Approved Management Program. Such circumstances might include short-term salvage harvesting, small scale harvesting of common species, the developmental stages of Management Programs and the importation of CITES listed species from overseas. All harvesting proposals are currently assessed in accordance with the principles of ecological sustainability and conservation of biological diversity. The criteria for a Controlled Specimen are also listed in Appendix IV of this report.

3.12 Since coming into effect in May 1984, there have been three major amendments to the Wildlife Protection (Regulation of Exports and Imports) Act 1982. [6] In addition, about every two years, Schedules 1 and 2 are amended to reflect changes to Appendices I and II of CITES.
here is the link to the page

“You know its funny I was thinking about what you said. The preeminent truth of our age is that you can not fight the system. But if as you say the truth is fluid that the truth is subjective then maybe you can fight the system. As long as just one person refuses to be broken refuses to bow down” “But can you win?” “Every time I say NO”
hip is offline