COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
Approved Wildlife Trade Operation (Southern Cross Botanicals) Declaration 2018
I, Paul Murphy, 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, am satisfied that an operation to harvest fruit from Kakadu plum (Terminalia ferdinandiana) by Southern Cross Botanicals, is a small-scale operation as defined by Regulation 9A.20(2) under subsection 303FN(10)(b) of the Act. I declare under subsection 303FN(2) that Southern Cross Botanicals 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 by Southern Cross Botanicals on 12 December 2017.
- All activities covered by this approval must be carried out in accordance with the necessary permits and approvals as required under Northern Territory and Commonwealth law. Harvest from private land requires the property owner’s consent.
- The fruit harvested from the wild is limited to the amount specified by the Parks and Wildlife Commission Northern Territory Permit to Take Protected Wildlife.
- Southern Cross Botanicals must submit an annual report by 31 July each year to the Department of the Environment and Energy. The annual report will include the quantities of Kakadu plum harvested for the operation. A copy of the annually issued Permit To Take Protected Wildlife must be provided to the Department of the Environment and Energy within 14 days of receipt. The operation must meet all territory reporting requirements.
- This declaration is valid for three years from the date of registration of this declaration.
Dated this 26th day of March 2018
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 (Cth) was enacted to provide for the protection of the environment, particularly matters of national environmental significance, and to establish a framework for the sustainable use of natural resources. The Approved Wildlife Trade Operation (Southern Cross Botanicals) Declaration 2018 is a notifiable instrument introduced to address the need for regulation and oversight of small-scale operations involving the harvesting of wildlife, specifically the Kakadu plum by Southern Cross Botanicals. This declaration was made by the Delegate of the Minister for the Environment and Energy under the authority of the Act, aimed at ensuring that the operation complies with all relevant environmental and wildlife protection laws, both Commonwealth and Northern Territory, and adheres to the conditions specified in the declaration. The policy objective is to balance the sustainable use of natural resources with the protection of biodiversity and wildlife.
Scope and Application
The Approved Wildlife Trade Operation (Southern Cross Botanicals) Declaration 2018 applies to Southern Cross Botanicals, specifically regarding its operation to harvest fruit from Kakadu plum within the geographical jurisdiction of the Northern Territory. This declaration is an extension of the Environment Protection and Biodiversity Conservation Act 1999, administered at the Commonwealth level, but its application is tailored to the local conditions and regulatory frameworks of the Northern Territory. The operation is deemed a small-scale one as per the regulatory definition and is thus subject to certain conditions, including compliance with both Northern Territory and Commonwealth laws, obtaining necessary permits, and adhering to the annual reporting requirements set by the Department of the Environment and Energy. Additionally, consent from property owners is mandatory for harvesting from private land, and the operation must align with the Kakadu plum harvest limits specified by the Parks and Wildlife Commission Northern Territory Permit to Take Protected Wildlife. This declaration is in effect for three years from the date of its registration and may be subject to review or appeal under the relevant legislative provisions.
Key Provisions
The main provisions of the Approved Wildlife Trade Operation (Southern Cross Botanicals) Declaration 2018 (subsection 303FN(2)) declare that Southern Cross Botanicals is an approved operation for the harvesting of Kakadu plum fruit, subject to specific conditions (subsection 303FT). The operation must follow the proposal submitted on 12 December 2017 and comply with necessary permits and approvals under both Northern Territory and Commonwealth law (subsection 303FT(a)). Harvesting from private land requires the property owner's consent, and the amount of fruit harvested from the wild is limited to the quantity specified in the Parks and Wildlife Commission Northern Territory Permit to Take Protected Wildlife (subsection 303FT(b) and (c)). Southern Cross Botanicals must submit an annual report by 31 July each year detailing the quantities of Kakadu plum harvested, and provide a copy of the annually issued Permit to Take Protected Wildlife to the Department of the Environment and Energy within 14 days of receipt (subsection 303FT(d) and (e)). The operation must also meet all territory reporting requirements (subsection 303FT(f)). This declaration is valid for three years from the date of its registration (subsection 303FT(g)).
The obligations and requirements imposed on Southern Cross Botanicals under this declaration include ensuring that all activities are carried out in accordance with the approved proposal and relevant permits and approvals (subsection 303FT(a)). This means that the company must adhere to the guidelines and limitations specified in the declaration. The company is also required to obtain the consent of property owners before harvesting fruit from private land and to limit their harvest to the amount specified in the Permit to Take Protected Wildlife (subsection 303FT(b) and (c)). Additionally, Southern Cross Botanicals must submit an annual report by 31 July each year detailing the quantities of Kakadu plum harvested and provide a copy of the annually issued Permit to Take Protected Wildlife to the Department of the Environment and Energy within 14 days of receipt (subsection 303FT(d) and (e)). Compliance with these obligations is necessary to maintain the approval status of the operation.
There are no specific offences, penalties, or civil/criminal consequences outlined in the Approved Wildlife Trade Operation (Southern Cross Botanicals) Declaration 2018. However, failure to comply with the conditions of the declaration could result in the revocation of the approval status of the operation. If Southern Cross Botanicals does not adhere to the guidelines and limitations specified in the declaration, the Department of the Environment and Energy may take action to revoke the approval. This could potentially lead to the cessation of the operation, which would have significant consequences for the company. The declaration does not specify maximum penalties for non-compliance, but it is clear that failure to meet the obligations and requirements could result in serious repercussions.