Approved Wildlife Trade Operation (M and K Cole Ferns) Declaration (No. 2) 2018

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was enacted to provide for the protection of the environment, particularly matters of national environmental significance, and to regulate the trade of wildlife. The Act aims to integrate environmental considerations into decision-making processes and to ensure that significant impacts on the environment are properly assessed and managed. The 2018 Approved Wildlife Trade Operation (M and K Cole Ferns) Declaration (No. 2) was made by the Minister for the Environment as Delegate, under section 303FT(10) of the Act, revoking a previous declaration regarding the salvage-harvesting of Soft tree-ferns by M & K Cole Ferns. This declaration re-approves the operation under certain conditions, including compliance with state permits, adherence to the harvesting limit, and the submission of annual reports. The policy objective is to ensure sustainable and legally compliant wildlife trade while protecting endangered species and their habitats.

Scope and Application

The Approved Wildlife Trade Operation (M and K Cole Ferns) Declaration (No. 2) 2018, made under the Environment Protection and Biodiversity Conservation Act 1999, applies specifically to the salvage-harvesting operation conducted by M & K Cole Ferns for Soft Tree Fern (Dicksonia antarctica) specimens. This operation is recognised as a small-scale activity in line with the definition provided in regulation 9A.20 (2) of the Act. The declaration stipulates that the operation must adhere to the proposal submitted on 19 August 2018, with a restriction on harvesting to only Dicksonia antarctica specimens. Furthermore, the operation is confined to initially specified collection areas, with any additional areas requiring prior approval from the Department of the Environment and Energy. The operation must also comply with all necessary state and federal permits and approvals, and the harvesting is capped at 35,000 individual specimens as outlined in the permits issued by the Victorian Department of Environment, Land, Water and Planning. Annual reporting on the number of harvested and exported specimens is mandatory. This declaration is effective for three years from its registration date and is subject to review under the provisions of the Act.

Key Provisions

The main operative sections of this instrument, found under section 303FT(10) of the Environment Protection and Biodiversity Conservation Act 1999, declare that the operation conducted by M & K Cole Ferns to salvage-harvest Soft tree-ferns (Dicksonia antarctica) specimens is an approved wildlife trade operation. This declaration is contingent upon several conditions. First, the operation must adhere to the proposal submitted on 19 August 2018 (condition 1). Second, the harvest must be limited to Dicksonia antarctica specimens only (condition 2). Third, export of specimens is restricted to those from specified collection areas, unless additional areas are approved by the Department of the Environment and Energy (condition 3). Fourth, all activities must comply with necessary state and federal permits (condition 4). Fifth, the maximum number of specimens harvested is capped at 35,000 individuals, as specified by Victorian Department of Environment, Land, Water and Planning permits (condition 5). Sixth, M & K Cole Ferns must submit annual reports detailing the number of specimens harvested and exported (condition 6). Finally, the declaration is valid for three years from the date of registration (condition 7). Under the Act, M & K Cole Ferns has several obligations to comply with in order to maintain their status as an approved wildlife trade operation. Firstly, they must ensure that all activities related to the salvage-harvest of Soft tree-ferns are carried out in accordance with the proposal submitted and approved by the Department of the Environment and Energy. Secondly, they must obtain and provide copies of state permits to the Department within 14 days of receipt. Thirdly, M & K Cole Ferns must submit annual reports that detail the number of specimens harvested and exported. Additionally, any changes to the operation must be reported to the Department, and any new collection areas for harvesting must be approved by the Department before specimens from those areas can be exported. Failure to comply with the conditions of this declaration may result in several consequences. Firstly, any party whose interests are affected by this declaration has the right to request reasons for the decision within 28 days. Secondly, an independent review of the decision can be applied for to the Administrative Appeals Tribunal 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. Additionally, failure to comply with the conditions of the declaration could result in revocation of the approval to conduct the wildlife trade operation. This could lead to legal action being taken against M & K Cole Ferns, including fines or other penalties as prescribed by the Act. The exact penalties for breach of the Act are not specified in this instrument but would be determined by the relevant courts or tribunals.