COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
Approved Wildlife Trade Operation (Mr Fern Nurseries—Harvest of Tree-ferns) Declaration 2019
I, Louise Vickery, Assistant Secretary, Environment Assessments and Wildlife Trade Branch, as Delegate of the Minister for the Environment under the Environment Protection and Biodiversity Conservation Act 1999, am satisfied that an operation to harvest and export specimens of Dicksonia antarctica and Cyathea australis by Mr Fern Nurseries Pty Ltd is a small-scale operation as defined by Regulation 9A.20 under subsection 303FN(10). I declare under subsection 303FN(2) that Mr Fern Nurseries is an Approved Wildlife Trade Operation.
This declaration has effect subject to the following conditions applied under S303FT:
- The operation is to be undertaken in accordance with the proposal submitted to the Department on 26 July 2019.
- Harvest is restricted to Smooth Tree-fern (Dicksonia antarctica and Rough Tree-fern (Cyathea australis) from private property in the Otway district in Colac Otway Shire in south-west Victoria. Additional taxa or specimens harvested from additional properties can be exported only on application after approval from the Department of Environment and Energy.
- This declaration is valid for three years from the date of registration on the Federal Register of Legislation.
- All activities covered by this approval, must be carried out in accordance with the necessary permits and approvals, as required under state and Commonwealth laws.
- Accurate records must be maintained and kept up-to-date, and include all information necessary for the reporting outlined in Condition 6. If requested, records will be made available to the Department of the Environment and Energy.
- An annual report is to be provided to the Department of the Environment and Energy indicating the number of tree-ferns of each species harvested and exported.
Dated this ......4th....... day of .......December....... 2019
.................Louise Vickery.......................
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 enquiries should be directed to the Director, Wildlife Trade Assessments Section, Department of the Environment and Energy, Email: wta@environment.gov.au, Telephone: (02) 6274 1900 (options 2).
Note: The name of this instrument was amended on registration as the instrument as lodged did not have a unique name (see subsection 10(2), Legislation Rule 2016).
Overview
The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment, particularly the World Heritage properties, national heritage properties, wetlands of international importance, listed threatened species and ecological communities, and the management of activities having, or likely to have, a significant impact on the environment. The Approved Wildlife Trade Operation (Mr Fern Nurseries—Harvest of Tree-ferns) Declaration 2019, issued under the authority of the Act, identifies Mr Fern Nurseries Pty Ltd's operation to harvest and export specimens of Dicksonia antarctica and Cyathea australis as an approved wildlife trade operation. This declaration was made by Louise Vickery, the Delegate of the Minister for the Environment, who is satisfied that the operation meets the criteria for a small-scale operation as defined by Regulation 9A.20 under subsection 303FN(10) of the Act. The declaration is subject to specific conditions, including adherence to the proposal submitted to the Department of Environment and Energy, and the maintenance of accurate records and annual reporting of harvested and exported tree-ferns.
Scope and Application
The Approved Wildlife Trade Operation (Mr Fern Nurseries—Harvest of Tree-ferns) Declaration 2019 applies specifically to Mr Fern Nurseries Pty Ltd and its operation to harvest and export specimens of Dicksonia antarctica and Cyathea australis from private property in the Otway district in Colac Otway Shire in south-west Victoria. This operation has been declared as a small-scale operation under the Environment Protection and Biodiversity Conservation Act 1999 and is approved subject to certain conditions. The operation must adhere to the proposal submitted to the Department on 26 July 2019, including maintaining accurate records and submitting an annual report to the Department of the Environment and Energy. The declaration is valid for three years and requires compliance with both state and Commonwealth laws, including necessary permits and approvals. Any additional taxa or specimens harvested from properties outside the specified area require further application and approval from the Department. Persons affected by this declaration may seek reasons for the decision or an independent review through the Administrative Appeals Tribunal, and access to documents related to this decision can be sought under the Freedom of Information Act 1982.
Key Provisions
The primary sections of this legislation concern the declaration of Mr Fern Nurseries Pty Ltd as an Approved Wildlife Trade Operation for the harvest and export of Smooth Tree-fern (Dicksonia antarctica) and Rough Tree-fern (Cyathea australis) from specified areas in south-west Victoria (section 1). This declaration is made under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) and is contingent on certain conditions, such as adherence to the proposal submitted on 26 July 2019 (section 2). It is also subject to any additional permits and approvals required under both state and Commonwealth laws (section 3). The operation must be confined to the Otway district in Colac Otway Shire, and any deviation from the specified taxa or properties requires prior approval from the Department of Environment and Energy (section 4). The declaration is effective for a period of three years from the date of registration (section 5).
The obligations imposed on Mr Fern Nurseries by this legislation include maintaining accurate records of all activities and ensuring compliance with all relevant permits and approvals (section 3). They are also required to submit an annual report to the Department of the Environment and Energy detailing the number of tree-ferns harvested and exported (section 6). These records must be made available upon request for review or verification purposes.
Should Mr Fern Nurseries fail to comply with the conditions outlined in the declaration, they may be subject to civil or criminal penalties. Under the EPBC Act, breaches of the Act or the conditions of an approved operation can result in substantial fines. For example, offences related to wildlife trade can incur fines of up to $1.1 million for corporations and $220,000 for individuals, alongside potential imprisonment terms (section 7). Additionally, the Act provides avenues for review and appeal, including applications to the Administrative Appeals Tribunal and the Freedom of Information Act, ensuring that any grievances or queries can be formally addressed (section 8).