PROVISION FOR CONSIDERATION OF ECONOMIC WELFARE AND WELL BEING

Taking into Account Economic Issues

There are a number of legislative provisions that require the taking into account economic welfare matters in the Fisheries Act 1995. For instance the Joint Authority of the Commonwealth-State Management of Fisheries (albeit a marine water mechanism) has amongst its various functions the obligation of achieving the optimum utilisation and equitable distribution of the living resources of Victorian waters.⁰ Fisheries management plans must, amongst other things, identify economic values and factors.¹

A number of provisions of the Flora and Fauna Guarantee Act 1988 also include such provisions. The Flora and Fauna Guarantee Strategy must be achieved with minimum adverse affect on the social and economic rights of landholders.² Economic matters must also be considered in drawing up an action statement for each new species added to the list of threatened taxa.³ In making or amending management plans for such flora and fauna the `Director-General' (now Secretary) must consider economic matters.⁴

Two of the matters required to be considered in granting permits to landholders and managers of areas of `critical habitat' are social and economic issues.⁵

One of the objects of the Conservation, Forests and Lands Act 1987 (Vic) is to make a productive, educational and recreational use of the State's flora and fauna in an economically efficient way.⁶

Ability to Trade

The relevant legislation offers the opportunity to undertake trade in a wide array of biota. Of the 17 classes of wildlife licence, 16 permit the trading of animals (but only of those species included on a schedule to the Wildlife Act 1995). All fishery access licences permit trading, with few restrictions on the species permitted to be taken or sold under inland fishery access licences and aquaculture licences. All `protected' flora can be traded under licence or without licence if propagated from legal stock, with no restrictions on unprotected flora.

Royalties

In virtually all instances of biota taken from the wild, there are no requirements for the payment of royalty - in effect a payment to the community.⁷

Small royalties must be paid by those licensed to take wildlife from the wild (that is holders of commercial wildlife (controller) licences and commercial wildlife (producer) licences) in relation to certain native wildlife.⁸

No royalty payments are required for the taking of fish, nor of native plants. Nor are royalties payable for the use of biota - rather licence fees are required to be paid.

All licence fees are paid into consolidated revenue, although revenue from recreational fishing licence fees is allocated for fishery management.

Private Versus Commercial

The term `private', as compared with `commercial', when used in relation to wildlife licences, is confusing. Holders of any type of private wildlife licence can in fact buy and sell wildlife - there is a definite commercial element to their licence.

It seems that under a `private' wildlife licence the holder can do many of the same things that one can do under a `commercial' wildlife licence. The are only a few differences between a private and commercial licence (apart from the higher licence fees of the latter), including:

bbbbbbbb) the holder of a `private' licence (some classes) cannot operate from a shop or business premises;

cccccccc) private licence holders cannot keep more than 10 emus (whereas there is no limit on the relevant commercial wildlife licence holder);

dddddddd) private wildlife licence holders can not sell wildlife that has not been in their possession for at least six months; and

eeeeeeee) all commercial licence holders must display signs in the prescribed manner.⁹

Such differences as do occur does not mean that a private wildlife licence holder cannot operate on a commercial basis (neither licence has any limit on the numbers of wildlife, other than emus, that may be kept or traded).

The distinction is also made between private (recreational) and commercial licences in the Fisheries Act 1998, but under this statute only the holder of a commercial licence is allowed to trade biota.

No difference is made with respect to permits for the use of `protected' flora.

Welfare of Persons Employed in a Utilisation Industry

The Fisheries Act 1995 has as one of its objectives the promotion of the welfare of persons engaged in commercial fishing. ¹⁰

Wildlife Which Represent an Unacceptable Risk to Human Safety

There are a number of provisions that specifically allow for exceptions to protective requirements where meeting these would risk human safety. Examples include:

ffffffff) the holder of a Commercial Wildlife (Wildlife Controller) Licence can take or destroy venomous snakes which are presenting an unacceptable risk to human safety;¹¹

gggggggg) the holder of a Commercial Wildlife (Wildlife Displayer) Licence must display various wildlife, including venomous snakes, in such a way as to minimise the risk of injury to humans;¹²

hhhhhhhh) persons engaged in licensed commercial fishing are immune from prosecution if the killing, taking, injuring or interfering with whales was necessary to prevent risk to human health;¹³ and

iiiiiiii) under the section 28A(1) of the Wildlife Act 1975 the Secretary may give written authorisation to hunt, take or destroy wildlife if he or she is satisfied that the authorisation is necessary to ensure the health and safety of persons.

Control of Fauna

The holder of a commercial wildlife (wildlife controller) licence can take or destroy taxa as listed in Schedule 6 of the Wildlife Regulations 1992 and other taxa specified in the licence.¹⁴ There are many conditions attached to the licence, for example holders can only use equipment specified in the licence and sell only to authorised persons or organisations.¹⁵ There are two Types of this licence, the main difference between them being that the Type 2 licence authorises the holder to take and destroy venomous snakes¹⁶ and the Type 1 licence requires the holder to mark Sulphur Crested Cockatoos, Galahs and Long Billed Corellas.¹⁷

Population management of `super-abundant' species has been attempted by non-lethal methods (such as sterilisation) as well as by cull.¹⁸ Where these methods prove inadequate a license to cull or capture may be obtained under the Wildlife Act 1975 (section 28A). For example, shooting of the protected eastern and western grey kangaroo has been done by landowners under permit in certain areas of Victoria and, since 1990, the Government has undertaken a kangaroo-culling program in the Hattah-Kulkyne National Park.¹⁹

Galahs, cockatoos and long-billed corellas, taken by commercial wildlife controllers are the only species that may be harvested and sold in Victoria (and a royalty paid).²⁰

Throughout Victoria, Long-Billed Corellas, Sulphur Crested Cockatoos and Galahs are declared `unprotected wildlife' (subject to a number of conditions, limitations and restrictions specified in the Order). Wombats are also unprotected in certain areas. Where these species are shown to be causing serious damage to crops, land owners and managers are permitted, under strict conditions, to kill them.²¹ Holders of the Commercial Wildlife (Wildlife Controller) Licence can only take those Common Brushtail Possum which are causing damage or creating a nuisance to a residential or commercial building.²²

Issues

The legislative provision for the consideration of economic welfare and well being is highly variable.

It has been suggested that the funds from licences and fees associated with the utilisation of native flora and fauna be used for:

environmental rehabilitation and prevention of land degradation. These funds should not replace existing funding sources.²³