Science and Research
John Voumard, Inquiry Chair
© Commonwealth of Australia, 2000
ISBN 0642547157
Advice on Australian wildlife trade controls under the Wildlife Protection (Regulation of Exports and Imports) Act 1982
Information Sheet No 5
Revised January 2000
The Wildlife Protection (Regulation of Exports and Imports) Act 1982 (the Act) is the legislative basis for conservation-orientated controls on the export and import of wildlife and wildlife products. Controls under this Act apply to transactions undertaken by museums, zoos, scientific organisations, commercial organisations, tourists, migrants and the general public.
The Act controls the export of most Australian native animals and plants and fulfils Australia's legislative requirements as a signatory to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
The Act regulates the importation of most live animals and plants. These controls are in addition to those exercised under the Quarantine Act 1908.
The import or export of specimens for scientific purposes may be approved if:
The Facilitated Scientific Exchange System (FSES) enables the non-commercial loan, donation or exchange of herbarium specimens, other preserved, dried or embedded museum specimens, and live plant material between organisations where both parties have been entered by Environment Australia on the 'register of scientific organisations' as defined by Regulation 10 of the Act (see page 4 for copy of Regulation 10). Live animals cannot be exchanged under the FSES.
Australian organisations, such as museums or herbaria, wishing to participate in this system must apply for registration with Environment Australia (form R4). The organisation will also need to apply for an authority to export or import wildlife specimens.
Overseas organisations wishing to receive preserved specimens and/or live plants of Australian native species not listed on Schedules 1, 2 or 3 of the Wildlife Protection Act must also register with Environment Australia (form R4). If they wish to receive or send preserved specimens or live plants listed on Schedule 1, 2 or 3 of the Wildlife Protection Act they will also need to be registered with the CITES Management authority in their own country.
Environment Australia will supply the holder of an authority with labels which are held by a nominated officer in the organisation. These labels are in effect a permit and must be attached to each package containing the specimens. There are two types of labels issued for facilitated exchange:
A record of all labels used must be kept by the organisation and be made available for review by Environment Australia when requested.
An authority issued by Environment Australia is required by the Australian organisation importing CITES specimens from an overseas organisation registered with the CITES Management authority in their own country. In these cases, the overseas organisation is responsible for supplying the details of the specimens on their own certificates/labels. As for exports, details of such imports must also be recorded by the Australian organisation and made available for review by Environment Australia.
Please note: Overseas registered scientific organisations which have been included in the Environment Australia Register and whose code number end in 'A' are not permitted under the Act to be involved in exchange of specimens listed on the Schedules 1, 2 or 3 of the Act. Schedule 3 lists all cetaceans. Schedules 1 and 2 comprised the following categories:
| Schedule 1: |
Appendix 1 to CITES - except cetaceans;
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| Schedule 2: |
Appendix II to CITES - except cetaceans and elephants. |
The Wildlife Protection Act provides for permits to be issued for the import or export of specimens for the purpose of specific scientific research by an organisation which is defined in the Act as a 'prescribed scientific organisation'. The criteria for defining a 'prescribed scientific organisation' are specified in Regulation 3 of the Wildlife Protection Act (see page 5 for copy of Regulation 3).
Organisations must apply to become prescribed scientific organisations using form R3. The head of the organisation should endorse the form and proposed research (a précis of the proposed research should be attached).
Once an organisation has been approved for the specific research, the organisation is eligible to apply for permits to export or import specimens. Where the same organisation wishes to carry out different research for protected wildlife, it will need to be approved for that particular research. For example, although an organisation has been previously approved to carry out research on Australian mammals, the same organisation will need to be approved to undertake research on Australian birds.
In addition to satisfying the requirements of Regulation 3, the recipient of live vertebrate species must be able to show that the facilities and personnel in the organisation can care for, and confine the species. Photographs and plans of the facilities which are intended to hold the animals should be provided, together with details of their care. Organisations wishing to hold live vertebrates, CITES-listed invertebrates or non-native invertebrates in Australia, need to apply to become approved institutions (form R1).
In the cases of the export of native specimens, an export permit cannot be issued until it has been established that the specimens were obtained legally and that the relevant Australian State and Territory laws have been complied with before the export is approved. Therefore, it may be easier if an Australian organisation applies for the permit on behalf of the overseas organisation.
An Australian permit must be issued prior to the consignment of the specimens. Application forms are available from Environment Australia.
Please note: failure to obtain an Australian permit prior to consignment of the specimens may result in confiscation. Severe penalties exist for persons or companies breaching the Environment Australia Act.
Fees can be paid by credit card, cheque or money order and should be made payable to the 'Collector of Public Monies'. Please note: overseas organisations must pay in Australian dollars.
The import and export of wildlife and wildlife products may also be subject to controls administered under the Quarantine Act 1908. Information about quarantine matters may be obtained by contacting the Australian Quarantine and Inspection Service (AQIS), GPO Box 858, Canberra ACT 2601, phone 02 6272 3933 or visit their web site at:www.aqis.gov.au.
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The information above is subject to change in order to reflect changes to the Wildlife Protection (Regulation of Exports and Imports) Act 1982 and to meet Australia's commitment to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). |
The following examples have been selected to highlight some of the cases in which the Facilitated Scientific Exchange System (FSES) or the prescribed scientific research can be used. Where there is any doubt about the controls under the Wildlife Protection Act, the organisation should contact Environment Australia before the proposed export or import takes place.
Comments: This transaction could take place under the Facilitated Scientific Exchange System, provided the Australian organisation is registered with Environment Australia and the overseas organisation is registered with its CITES Management Authority. As parrots are listed under CITES, the package will need to have the Wildlife Protection Act MC Labels attached. On return of the skins from overseas, the package will need to have that country's CITES labels attached.
Comments: As this import involved live animals, it cannot take place under the Facilitated Scientific Exchange System. Before an import permit can be issued, the place where the animals will be held will need to be gazetted as an approved organisation to hold and care for that species. The organisation will be also need to be approved as a prescribed scientific organisation for the research. An import permit must also be obtained for each consignment.
Comments: This export can only occur as prescribed scientific research. The receiving (overseas) organisation needs to apply, using the R3 form, to become approved as a prescribed scientific organisation for that particular research. An export permit must also be obtained for each consignment of blood.
Comments: This export can occur as prescribed scientific research, as the definition of prescribed scientific research includes public education programs. The receiving (overseas) organisation needs to apply, using the R3 form, to become approved as a prescribed scientific organisation for that particular education program. A State or Territory collection permit will also need to be obtained. An export permit must be obtained for each consignment.
The Director
Wildlife Protection
Environment Australia
GPO BOX 787
CANBERRA ACT 2601
Telephone: 02 6274 2291 Facsimile 02 6274 1921
email: wps@ea.gov.au
