Ivory ban: Law flouting "rampant" as government mulls legality
When Melbourne wildlife campaigner Donalea Patman walked into an antique store on Chapel Street and saw cabinets full of ivory trinkets for sale she was shocked.
“I was thinking that can’t possibly be legal, given everything that is trying to be done to protect elephants,” Ms Patman told nine.com.au.
But Ms Patman soon discovered she was wrong.
Items made of elephant ivory are regularly, and legally, sold in Australia.
Environment minister Melissa Price is considering whether Australia should ban ivory and rhinoceros horn trade - as the UK, China and the US have already done.
Under current regulations, ivory and horn items made before 1975 can be sold freely in Australia, with no legal requirement to prove their age or provenance.
The items can also be imported or exported, with evidence of provenance, but that evidence can be as limited as a statutory declaration from the owner.
Last month, a bipartisan parliamentary inquiry concluded that Australia should impose a strict ban on ivory trade, with only a few exemptions, including for museums and musical instruments made before 1975 with an ivory content of less than 20 percent.
The inquiry heard that the lack of regulations in Australia meant that it was often not clear which ivory and horn items were legal or not.
More than three-quarters of Australians believed ivory trade in Australia had already been banned, the inquiry was told.
Ms Patman, who founded the For the Love of Wildlife group, has been investigating the local industry since she made her discovery on Chapel Street back in 2016 and said it was obvious local traders were “flouting the law”.
“There is this belief that if it’s in the country, then it’s legal,” Ms Patman said.
“What we have found from looking in auction houses and antique stores is a rampant trade in ivory items, and the reality of it is that there is no true accounting of what is available for sale.”
“We were told mostly that it’s really hard to get a certificate of provenance. Nobody we spoke to in the industry could provide us with what they were supposed to provide us with. Nobody could age the ivory. We were also told that the ivory can be either stained with tea or almond oil to make it look old.”
In undercover footage filmed by For the Love of Wildlife earlier this year, a Queensland antiques dealer can be heard instructing a potential buyer on how to get their ivory item out of Australia without documentation.
“If you want to take it, just put it in your luggage…no-one is going to search you. If anyone asks just say it’s bone. Most people don’t know the difference and it’s a stupid law,” the dealer says.
While the proposed ivory ban in Australia has delighted wildlife campaigners and even gained the backing of local auction houses, it has drawn strident criticism from antique dealers who fear their items will become worthless.
“My main concern is that a total ban would have a very detrimental effect on items of antiquity,” former president of the Australian Antique and Art Dealers Association Dawn Davis said.
“A lot of pieces are made up with a portion of ivory in them, so therefore if it was to be a total ban and they were to do that retrospectively, meaning all antique pieces as they have in other countries, it would see a desecration of a lot of very significant and beautiful pieces.”
Ms Davis said the “draconian” ban would also have a significant financial impact on many antique dealers and collectors.
“These items will become what we call orphans, they will be worthless and I think it’s unfair that people’s collections are suddenly valued at nothing.”
“I have a beautiful collection of portrait miniatures from the 18th and 19th century and they are actually painted on slivers of ivory. People would have their loved ones’ portrait painted and carried around with them or in their homes. They are like the selfies of years ago. They show a very significant cultural more of the time and are very highly valued.”
While Ms Davis said she supported bans on new ivory, prohibiting trade on old ivory would only lead to the development of a black market.
“We are not going to stop it, it’s impossible,” she said.
“I think a ban would be an overreaction. I think there could be some sensible modification in respect to border control but I’m not so sure that we need to have the draconian methods implemented here that we have seen in overseas countries like the UK and America.”
Ms Davis said she had expected a decision from the government sooner on the proposed ban, but it appeared to have been “put on the backburner” for now.
“At the moment it looks like it had just been placed on the backburner because there are far more significant things happening, politically, at a federal level,” she said.
Earlier this month, Environment minister Melissa Price attended the Illegal Wildlife Trade Conference where she was expected by many to make an announcement in favour of an ivory and horn ban.
However, no announcement was made.
A spokesperson for Ms Price said in a statement: “The Government is carefully considering the report and the recommendations of the inquiry, and the likely conservation benefits to elephants and rhinos.
“Australia already has strict laws for trade in elephant ivory and rhino horn. Imports and exports of these items can only occur in limited circumstances, such as for research or education purposes, or if the item is vintage.”
Contact reporter Emily McPherson at emcpherson@nine.com.au.
© Nine Digital Pty Ltd 2018
Source: https://www.9news.com.au/2018/10/25/14/36/elephant-ivory-and-rhino-horn-tusks-still-for-sale-in-australia-considers-ban
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