COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
APPROVED WILDLIFE TRADE MANAGEMENT PLAN (NSW CUT FLOWERS) DECLARATION 2017
I, Ilse Kiessling, Acting Assistant Secretary, Wildlife Trade and Biosecurity Branch, as delegate of the Minister for the Environment and Energy under the Environment Protection and Biodiversity Conservation Act 1999 (the Act), declare under subsection 303FO(2) of the Act, that the Cut-flower Sustainable Management Plan 2018-2022. Protected and threatened plants in the cut-flower industry (prepared by the New South Wales Office of Environment and Heritage) is an Approved Wildlife Trade Management Plan for the purposes of section 303FO of the Act.
This declaration has effect subject to the following conditions applied under section 303FT of the Act:
- Harvesting of cut flowers, foliage and other plant parts for the cut flower industry in New South Wales is to be done in accordance with the Cut-flower Sustainable Management Plan 2018-2022. Protected and threatened plants in the cut-flower industry.
- The approval excludes wild harvested specimens of species listed as threatened under the Act.
- Monitoring and harvest data is to be kept by the Office of Environment and Heritage and supplied to the Department of Environment and Energy on request. Data requested may include details of:
- The number of licences issued.
- Harvest data: species, plant part harvested, quantity, source of plant (wild, cultivated or artificially propagated), land tenure.
- Enforcement activities, including statistics showing the number and type of offences detected, and action taken.
4. This declaration applies from the 1 January 2018 until 31 December 2022 or until the plan is replaced by another approved Wildlife Trade Management Plan, whichever is sooner.
Dated this 20 day of December 2017
Delegate of the Minister for the Environment and Energy
A person whose interests are affected by this declaration may, within 28 days, make an application in writing to the Department of the Environment and Energy, for the reasons for the decision. An application for independent review of the decision (under section 303GJ(1) of the Environment Protection and Biodiversity Conservation Act 1999) may be made to the Administrative Appeals Tribunal (AAT), on payment of the relevant fee (currently $884 or reduced fee where applicable due to financial hardship) by the applicant, either within 28 days of receipt of the reasons for the decision, or within 28 days of this declaration if reasons for the decision are not sought. Applications should be made to the Deputy Registrar, AAT in your Capital City. Please visit the AAT’s website at http://www.aat.gov.au/ for further information. You may make an application under the Freedom of Information Act 1982 (Cth) to access documents relevant to this decision. For further information, please visit http://www.environment.gov.au/foi/index.html.
Further information may be obtained from:
Director, Wildlife Trade Assessments
Department of the Environment and Energy
GPO Box 787
CANBERRA ACT 2601
Telephone: (02) 6274 1900
Overview
The Environment Protection and Biodiversity Conservation Act 1999, enacted by the Commonwealth Parliament, aims to protect and conserve Australia's biodiversity and manage activities that have a significant impact on the environment. This legislation provides a framework for the sustainable use of natural resources and aims to balance environmental protection with economic development. The Approved Wildlife Trade Management Plan (NSW Cut Flowers) Declaration 2017, issued under the authority of this Act, addresses the need for a structured approach to managing the sustainable harvesting of cut flowers in New South Wales. The policy objective of this declaration is to ensure that the harvesting of cut flowers, foliage, and other plant parts is conducted in a manner that is sustainable and does not negatively impact protected and threatened plant species.
This declaration, made by the delegate of the Minister for the Environment and Energy, recognises the Cut-flower Sustainable Management Plan 2018-2022 as an approved wildlife trade management plan, subject to specific conditions that govern the harvesting practices, monitoring, and reporting requirements. Notably, the declaration excludes wild harvested specimens of species listed as threatened under the Act, ensuring that threatened species are protected. The declaration also mandates the collection and reporting of harvest data by the Office of Environment and Heritage, which is to be provided to the Department of Environment and Energy on request. This measure aims to facilitate compliance and enforcement activities, thereby supporting the overall goal of biodiversity conservation within the cut-flower industry in New South Wales.
Scope and Application
The Approved Wildlife Trade Management Plan (NSW Cut Flowers) Declaration 2017 under the Environment Protection and Biodiversity Conservation Act 1999 applies to the harvesting of cut flowers, foliage, and other plant parts for the cut flower industry in New South Wales. It mandates compliance with the Cut-flower Sustainable Management Plan 2018-2022, prepared by the New South Wales Office of Environment and Heritage, ensuring sustainable practices and the protection of threatened species. This declaration applies nationally, within the Commonwealth of Australia, and is effective from 1 January 2018 until 31 December 2022, or until it is replaced by another approved Wildlife Trade Management Plan. Notably, the approval excludes wild harvested specimens of species listed as threatened under the Act. The Office of Environment and Heritage is responsible for maintaining monitoring and harvest data, which must be provided to the Department of Environment and Energy upon request. The declaration extends its application through subordinate instruments, including the Sustainable Management Plan itself, which outlines specific operational and reporting requirements.
Key Provisions
The key provisions of the Approved Wildlife Trade Management Plan (NSW Cut Flowers) Declaration 2017 (F2017N00114) under the Environment Protection and Biodiversity Conservation Act 1999 (the Act) are contained in section 303FO(2), which outlines the approval of the Cut-flower Sustainable Management Plan 2018-2022. This plan governs the harvesting of cut flowers, foliage and other plant parts for the cut flower industry in New South Wales (section 303FO(2)). The approval is subject to the exclusion of wild harvested specimens of species listed as threatened under the Act (section 303FT).
The obligations imposed on parties by this Act include adhering to the Cut-flower Sustainable Management Plan 2018-2022 in their harvesting practices (section 303FO(2)). Specifically, the Office of Environment and Heritage must maintain and supply harvest data and monitoring information to the Department of Environment and Energy upon request (section 303FT). This data includes details such as the number of licences issued, harvest data (species, plant part harvested, quantity, source of plant, land tenure), and enforcement activities (number and type of offences detected, and action taken). These obligations ensure transparency and compliance within the cut flower industry.
The Act also specifies the consequences for non-compliance. While the declaration does not explicitly outline criminal or civil penalties, breaches of the approved management plan could result in enforcement actions, which may include fines or other regulatory measures under the Act. Additionally, individuals whose interests are affected by this declaration have the right to request reasons for the decision from the Department of the Environment and Energy within 28 days and may seek an independent review from the Administrative Appeals Tribunal within the same timeframe or 28 days from the date of the declaration if reasons are not sought (section 303GJ(1)). Failure to comply with these provisions may result in administrative or legal challenges, as well as potential reputational damage to the entities involved.