Wildlife trade and the law
More about wildlife trade and the law
National environment law
Environment Protection and Biodiversity Conservation Act 1999
In Australia, the export and import of wildlife and wildlife products is regulated under the nation's key environment legislation—the Environment Protection and Biodiversity Conservation Act 1999.
This legislation aims to:
- ensure that Australia complies with its obligations under CITES (the Convention on International Trade in Endangered Species of Wild Fauna and Flora) and the Convention on Biodiversity
- protect wildlife that may be adversely affected by trade
- promote the conservation of biodiversity in Australia and other countries
- ensure that any commercial use of Australian native wildlife for the purposes of export is managed in an ecologically sustainable way
- promote the humane treatment of wildlife
- ensure ethical conduct during any research associated with the use of wildlife
- ensure that the precautionary principle is taken into account in making decisions relating to the use of wildlife.
The legislation covers three main aspects of wildlife trade:
- imports and exports of internationally endangered species (CITES)
- exports of native species
- imports of live plants and animals
Imports and exports of endangered plants and animals (CITES)
For the imports and exports of endangered plants and animals (CITES species) the legislation:
- establishes a list of CITES species, with import and export conditions or restrictions
- allows for stricter domestic measures when needed
- establishes a permit system to allow imports and exports of CITES specimens
- allows for imports and exports of CITES specimens for non–commercial purposes, including for personal and household effects
Exports of Australian native plants and animals
For the export of Australian native plants and animals the legislation provides:
- the list of exempt native specimens (LENS) that contains export conditions or restrictions (all other specimens are regulated)
- a permit system to allow export of Australian native specimens
- export permits for commercial purposes if the specimens are from approved sources such as:
Export permits cannot be issued for commercial purposes if the specimens are a live Australian native mammal, bird, reptile or amphibian. Specimens can be exported for several non–commercial purposes such as
- research and scientific exchange
- education
- exhibitions
- travelling exhibitions
- conservation breeding or propagation
- household pets
Imports of live plants and animals
For the imports of live plants and animals the legislation:
- establishes a list of specimens suitable for live import
- provides a process by which a person may apply to have new species added to the live import list
Seizures
Specimens that have been illegally obtained or imported can be seized. For more information see:
Regulations
If you would like more information, the relevant regulations are the Environment Protection and Biodiversity Conservation Regulations 2000 .
Complying with permit conditions
Under national environment law, permit holders must meet the conditions stated on their permit. These conditions aim to protect the environment by ensuring that international wildlife trade is not detrimental to the survival of species in the wild.
The department seeks to work cooperatively with permit holders to achieve compliance outcomes. As part of its compliance approach, the department conducts permit reviews.
Other wildlife trade legislation
As well as national environment law—the Environment Protection and Biodiversity Conservation Act 1999, other legislation applies to the import and export of wildlife products, including legislation administered by the:
- Australian Customs and Border Protection Service
- Australian Quarantine and Inspection Service
- Therapeutic Goods Administration
- For more information contact:
The Director
Wildlife Trade Regulation Section
Department of Sustainability, Environment, Water, Population and Communities
GPO Box 787
Canberra ACT 2601
Telephone: (02) 6274 1900
Facsimile: (02) 6274 1921
Email: wildlifetrade@environment.gov.au