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Environmental Crime

Environmental crime is increasing as organised crime groups look for new opportunities to profit. In Australia, illegal trade in flora and fauna, illegal commercial fishing, poaching and pearl thefts are the more common forms of environmental crime.

What is Environmental Crime

Environmental crime takes many forms, but at its most basic it has been described as an act that is intended to harm or has potential to harm ecological and/or biological systems.1

The most commonly encountered environmental crimes fall into four categories:

  1. Biodiversity crime—such as illegal trade in endangered species of flora and fauna.
  2. Natural resources-related crime—such as illegal fishing or illegal logging.
  3. Illegal movement of hazardous wastes— such as illegal movement of nuclear waste or illegal dumping of oil.
  4. Banned substances crime—for example, the illegal trade in ozone-depleting substances.2

In Australia, activities that may constitute an environmental crime under Commonwealth law include actions that have a significant impact on matters of national environmental significance, namely:

  • World Heritage properties
  • National Heritage places
  • wetlands of international importance
  • threatened species and ecological communities
  • listed migratory species
  • Commonwealth marine areas
  • nuclear actions (including uranium mining).

The incentives to carry out environmental crimes are principally financial, coupled with a perception that there is a low risk of being caught.

The Australian Crime Commission conservatively estimates that serious organised crime costs Australia between $10–15 billion every year. This cost comprises loss of business and taxation revenues, expenditure on law enforcement and regulatory efforts, and social and community impacts of crime. Raising public awareness of crime issues is an important step in minimising the impact serious and organised crime can have on the community.

Extent

Environmental crime is a serious and growing international problem.3 The total value of the major forms of international environmental crime—illegal logging and fishing, illegal trade in wildlife and in ozone-depleting substances, and illegal dumping of hazardous waste—is estimated to be in the order of $20–40 billion a year.4

Research indicates that environmental crime is more highly developed in North America and Europe than in Australia. This stems from several factors including the extent of waste production, the shortage and cost of legitimate waste disposal options, the greater sophistication and penetration of organised crime, and more prescriptive and stringent environmental laws that restrict supply and demand and create an opportunity for black market operations.5

Because of the unique nature of Australia’s wildlife, illegal trafficking of native flora and fauna is principally out of Australia. However, in some cases, Australian collectors are involved in the illegal importation of wildlife such as reptiles. In Australia between 1999 and 2007, more than 17 000 illegal wildlife imports and exports were seized.6 Reptiles were targeted most (43 per cent), followed by birds (26 per cent), and native plants (11 per cent).7

Australia is also an importer of illegally sourced timber, with up to nine per cent of timber imported into Australia of doubtful origin. Wooden furniture was identified as a particular problem, with an estimated 22 per cent being of suspicious origin.8

There is also a growing illicit market in fish and seafood products from Australia. High value, illegal commodity species such as abalone, rock lobster, shark (for fins), seahorses, live coral fish, bêche-de-mer and crab are highly sought on the international market, with demand particularly strong in East Asia. There is some evidence to suggest that organised groups are becoming increasingly involved in this high value market.9

Impact

Often environmental crime is seen as a ‘victimless’ crime but this is not correct— environmental crime can have far-reaching and severe impacts. Environmental crime can ravage nature, demolish irreplaceable ecosystems, threaten biodiversity and endangered species, cause atmospheric damage, impact on primary industries and increase costs associated with environmental rehabilitation.

The illicit manufacture of the ecstasy family of illicit drugs (MDMA and MDA) relies on safrole, a chemical substance which is almost exclusively sourced from the oils of rare tree species found in South East Asian forests. It is the destructive manner in which the safrole rich oil is harvested that compounds the loss of rare tree species and so severely threatens the sensitive ecology of the area.

How Environmental Criminals Work

In the case of wildlife crime, it can be said that criminal activity operates in a similar way to the drugs trade. Drugs and wildlife are often collected at relatively little cost and smuggled via a chain of couriers to dealers. All along the chain the price increases with each individual player raking off a percentage of the profits.10 Syndicates move contraband using the same contacts, routes and transport methods as those involved with drugs smuggling, arms dealing and human trafficking.11

The Internet is a convenient medium for illegal flora and fauna traders to advertise and sell their wares anonymously, and enables direct sales to the buyer. In a single week in 2005, over 9000 general listings of animals and animal products were found on the Internet by the International Fund for Animal Welfare. For elephant ivory alone, there were 197 listings on eBay Australia, of which only two were found to be compliant with wildlife legislation. In 2007 in excess of 2500 mail packages were seized at Australia Post Services in Sydney containing commercial weight loss products, derived from the Hoodia plant—listed on the Convention on International Trade in Endangered Species of Wild Fauna and Flora Appendix II (CITES II)— that had been sold over the Internet.12 Illegal flora and fauna is generally either smuggled out of the country through couriers, on passenger flights or through the mail.

Criminals involved in marine-based illicit commodity trafficking use a variety of methods to avoid law enforcement detection. This includes concealing goods in hidden spaces on boats and vehicles, hiding catches close to the beach or at sea, monitoring activities of fisheries officers using radios and scanners, posing as recreational fishers, mixing legal and illegal catches during processing, manufacturing fraudulent documents, and using sophisticated technology such as infra-red night vision equipment.13

Marine-based illicit commodities are smuggled in a variety of ways by boats at sea, but the majority, if not all of the abalone intended for overseas export passes through an airport.14

Criminals involved in drug production at clandestine laboratories often seek ways of disposing of excess chemicals or chemical by-products. They may burn them, place them in household or commercial trash, pour chemicals down drains or dump them along roads or near streams where they can persist for years causing serious environmental damage. In addition, during the drug making process, highly toxic chemicals can be absorbed into the wall linings, ceiling, flooring and household contents of laboratory premises.

Links to Serious Organised Crime

A diverse range of individuals commit environmental crimes in Australia, with offenders ranging from individuals inadvertently contravening environmental laws through to organised groups.15

Criminal groups involved in environmental crimes in Australia demonstrate high levels of specialisation and have established networks, methodologies and illicit markets. Some have also been active for considerable periods. They meet a specific demand from a specific market and generally have no significant involvement in other illicit markets.

Government Responses

The Australian Government launched the Organised Crime Strategic Framework in November 2009 to ensure Commonwealth agencies are working together to prevent, disrupt, investigate and prosecute organised crime. As part of the Framework, the ACC has produced two biennial classified Organised Crime Threat Assessments (OCTAs) which identify the highest organised crime threats to the Australian community. The OCTA informed the development of the Government’s inaugural Commonwealth Organised Crime Response Plan (OCRP) in 2010 to help prioritise Commonwealth agencies resources against these threats.

Recognising that organised crime is a national issue that requires a nationally coordinated response, the Commonwealth and the States and Territories agreed to the National OCRP 2010-13 in 2010 to strengthen multijurisdictional approaches, coordination, information sharing and joint activities to combat the national threat of serious and organised crime. Preventative partnerships with industry and the community are part of the strategies to respond to organised crime. These organised crime fact sheets describe the breadth and impact of organised crime activities and provide an insight into how industry and the community can help combat organised crime.

Further information on the Organised Crime Strategic Framework and the OCRP can be found at <http://www.ag.gov.au/www/agd/agd. nsf/Page/Publications_OrganisedCrime>.

 

This fact sheet was developed in collaboration with Attorney-General's Department and Australian Customs and Border Protection Service.

Endnotes

  1. Clifford, M 1998, Environmental Crime: Enforcement, Policy and Social Responsibility, Aspen.
  2. Brack, D & Hayman, G 2002, The nature and control of environmental black markets, a background paper for Royal Institute of International Affairs workshop, 27-28 May, United Kingdom.
  3. Banks, D, Davies, C, Goslin, J, Newman, J,# Rice, M, Wadley, J and Walravens, F 2008, Environmental Crime: A threat to our future, a report by the Environmental Investigation Agency, United Kingdom.
  4. Brack, D 2004, The Growth and Control of International Environmental Crime. Environmental Health Perspectives, Vol.112.
  5. Robinson, B 1993, The nature of environmental crime. Paper presented at Australian Institute of Criminology environmental crime conference, 1–3 September, Hobart..
  6. ‘Wildlife Forensics’, ABC Catalyst, October 2007.
  7. Alacs, E & Georges, A 2008, Wildlife across our borders: a review of the illegal trade in Australia. Australian Journal of Forensic Sciences. Vol 40, No. 2, December 2008, p. 147.
  8. Bricknell, S 2010, Environmental Crime in Australia, AIC Research and Public Policy Series, Australian Institute of Criminology, Canberra.
  9. Tailby, R & Gant, F 2002, The Illegal Market in Australian Abalone, Australian Institute of Criminology Trends and Issues in Crime and Criminal Justice, No. 225, April, p. 3.
  10. Former Justice and Customs Minister Senator Amanda Vanstone, addressing delegates at the Wildlife Crime 2000 Conference.
  11. Elliot, L (Ed) 2007, ‘Transnational environmental crime in the Asia-Pacific: A workshop report’, Report of the Public Forum on Transnational Environmental Crime in the Asia Pacific, 22 March, Australian National University, Canberra, p. 42.
  12. Australian Journal of Forensic Sciences, op. cit. p150.
  13. Australian Institute of Criminology Trends and Issues in Crime and Criminal Justice, op. cit, p3.
  14. Ibid.
  15. Bricknell, S 2010, Environmental Crime in Australia, AIC Research and Public Policy Series, Australian Institute of Criminology, Canberra.