Declaration of an Approved Developmental Wildlife Trade Operation Diemen Pepper - Harvest of Tasmannia Lanceolata (Tasmanian Native Pepper) from Tasmania – 2025-2028

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au F2025N00425 In force Notifiable Instrument

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COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999

 

 

DECLARATION OF AN APPROVED DEVELOPMENTAL WILDLIFE TRADE OPERATION

DIEMEN PEPPER - HARVEST OF TASMANNIA LANCEOLATA (TASMANIAN NATIVE PEPPER) FROM TASMANIA – 2025-2028

 

I, Belinda Jago, Branch Head, Ocean and Wildlife Branch, as Delegate of the Minister for the Environment and Water am satisfied that the operation conducted by Diemen Pepper to harvest Tasmannia lanceolata (mountain pepper) for commercial export, is a Developmental Wildlife Trade Operation, as defined by regulation 9A.20(3) under subsection 303FN(10)(c).

 

I declare under subsection 303FN(2) that the Diemen Pepper - Harvest of Tasmannia Lanceolata (Tasmanian native pepper) from Tasmania – 2025-2028 is an approved developmental Wildlife Trade Operation.

 

This declaration has effect subject to the following conditions applied under section 303FT:

 

  1.       The operation must be carried out in accordance with the Wildlife Trade Operation - Harvest of Tasmannia lanceolata (Tasmanian native pepper) from Tasmania proposal, dated 26 August 2024.
  2.       The maximum annual harvest for export is 15,000 kilograms (15 tonnes) of fresh berries, and 15,000 kilograms (15 tonnes) of fresh leaves of Tasmannia lanceolata.
  3.       Harvest of leaves and berries and the removal of stem from Tasmannia lanceolata must not exceed 25% of the biomass of a plant, except:
    • When harvest occurs in orchards as specified in the plan; or
    • When the shrub will be destroyed on leasehold sites, licensed areas, or forestry plantations, where plantation harvest is occurring.
  4.       All activities covered by this approval must be carried out in accordance with state and commonwealth law.
  5.       Harvest from private land must be undertaken with property owner consent.
  6.       Diemen Pepper must keep copies of all licences and authorisations in relation to the harvest and purchase of Tasmannia lanceolata and provide to the department as requested.
  7.       The program must comply with standards set regarding relevant pests and diseases as described by Biosecurity Tasmania under the Tasmanian Government.
  8.       Tasmannia lanceolata must not be harvested within Athrotaxis selaginoides subalpine scrub communities.
  9.       The declaration is valid for three (3) years from the date of its registration on the Federal Register of Legislation.
  10.   Diemen Pepper must submit a harvest and monitoring report to the Department of Climate Change, Energy, the Environment and Water every 6 months. The first report is due by 1 November 2025.

The report must include:

  1.        Total fresh weight of Tasmannia lanceolata berries and leaves harvested, in kilograms.
  2.       Total dried weight of Tasmannia lanceolata berries and leaves harvested, in kilograms, with the conversion details.
  3.        A list of harvest locations including coordinates, with the following information:
    1.       Total fresh weight of Tasmannia lanceolata berries and leaves harvested from each location, in kilograms.
    2.       Dates of harvest at each location
    3.       Type and number of the harvesters (Diemen Pepper employee, private, etc.)
    4.       Discussion on Diemen Pepper’s approach to management of the site, including management of compliance with the harvest guide and details of non-compliance.
  4.       A summary of Diemen Pepper’s export market for Tasmannia lanceolata.
  5.        A summary of harvested Tasmannia lanceolata owned by Diemen Pepper at the time of reporting (stock on hand).
  6.         A summary of investigations into harvest impacts on plant health and population dynamics, based on the recommendation in the Enviro-Dynamics report. Survey methodology, survey timing and the outcomes must be included. If no progress has been made, reasons for this must be reported. 

 

Dated this   28th   day of   May  2025

Belinda Jago

 

………….…….……………………….........

Delegate of the Minister for the Environment and Water

 

 

 

 

 

 

 

Under section 266 of the Administrative Review Tribunal Act 2024 (ART Act), decision-makers must give notice of a decision and review rights to any person affected by the decision (section 266 of the ART Act). In giving the notice, decision-makers must have regard to the Administrative Review Tribunal Rules 2024 (section 267 of the ART Act).

A person whose interests are affected by this decision may, within 28 days, apply in writing to the Department of the Climate Change, Energy, Environment and Water, for the statement of reasons for the decision (section 268 of the ART Act).

If they are not satisfied with the decision, or the statement of reasons, an application for independent merits review of the decision (under section 303GJ(1) of the Environment Protection and Biodiversity Conservation Act 1999) may be made to the Administrative Review Tribunal (ART), on payment of the relevant fee (currently $1,121 or reduced fee where applicable due to financial hardship) by the applicant.

This can take place 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 directly to the ART. Please visit the ART’s website at https://www.art.gov.au/ for further information. You can provide feedback or make a complaint about the general services ART staff provide relating to your case through the enquiry form provided on the ART website linked above. 

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 https://www.dcceew.gov.au/about/reporting/freedom-of-information.

Further enquiries should be directed to: Director of Wildlife Trade Assessments, Department of Climate Change, Energy, Environment and Water, Telephone: (Australia) 1800 075 065 or (international) +61 5156 5063 Email: wta@environment.gov.au.

 

 

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted by the Commonwealth Parliament to provide for the protection of the environment, particularly matters of national environmental significance. The Act was introduced to address the need for a comprehensive framework to protect and manage Australia's biodiversity and environment, ensuring sustainable development and conservation efforts. This declaration by Belinda Jago, the Delegate of the Minister for the Environment and Water, pertains to an approved developmental wildlife trade operation for the harvest of Tasmannia lanceolata, commonly known as Tasmanian native pepper, from Tasmania between 2025 and 2028. The policy objective is to regulate the commercial export of this species while ensuring that the harvesting activities are conducted sustainably and in accordance with set conditions to protect the plant's health and population dynamics.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to entities such as Diemen Pepper involved in the harvesting of Tasmannia lanceolata, also known as Tasmanian native pepper, for commercial export from Tasmania. The Act, administered by the Commonwealth of Australia, regulates wildlife trade operations to ensure they do not adversely affect biodiversity or the environment. This declaration is specific to the approved developmental wildlife trade operation concerning the harvest of Tasmannia lanceolata for the period of 2025-2028. The operation must adhere to the conditions set forth by the Minister for the Environment and Water, ensuring that the maximum harvest does not exceed 15,000 kilograms of fresh berries and leaves annually, and it must comply with state and commonwealth laws. Harvest from private land requires property owner consent, and Diemen Pepper must submit regular reports on the harvest, its impact on plant health, and the export market. The operation cannot take place within Athrotaxis selaginoides subalpine scrub communities, and all activities must align with the relevant pest and disease standards as per Biosecurity Tasmania.

Key Provisions

This legislation, the Environment Protection and Biodiversity Conservation Act 1999, includes a declaration regarding the approval of a developmental wildlife trade operation for the harvest of Tasmannia lanceolata (Tasmanian native pepper) from Tasmania between 2025 and 2028. The declaration, made by Belinda Jago, Branch Head of the Ocean and Wildlife Branch and Delegate of the Minister for the Environment and Water, outlines the specific conditions under which the operation is approved (subsection 303FN(2)). The primary requirements outlined in section 303FT include adherence to the proposed harvest guidelines dated 26 August 2024, a cap on the annual harvest to 15,000 kilograms of fresh berries and leaves, and a restriction on the amount of biomass removed from any single plant to no more than 25%. However, there are exceptions to this rule for harvests occurring in specified orchards or when the shrub is being removed due to land use changes. Additionally, all activities must comply with state and federal laws, and Diemen Pepper must obtain consent from property owners for harvests on private land. The Act imposes several obligations on Diemen Pepper. These include maintaining records of all relevant licenses and authorisations and making them available to the Department as needed. The company must also ensure that its activities comply with standards related to pests and diseases, as outlined by Biosecurity Tasmania. Furthermore, the harvesting of Tasmannia lanceolata is strictly prohibited within Athrotaxis selaginoides subalpine scrub communities. Diemen Pepper is also required to submit semi-annual reports to the Department of Climate Change, Energy, the Environment and Water. These reports must detail the total weight of harvested berries and leaves, provide information on harvest locations and methods, discuss compliance with the harvest guidelines, summarise the export market, and report on investigations into the impact of harvesting on plant health and population dynamics. For any breaches of the conditions set out in this declaration, the Act stipulates various potential penalties and consequences. Although the specific penalties are not detailed within the text of this declaration, breaches of the Environment Protection and Biodiversity Conservation Act 1999 can lead to substantial civil and criminal penalties. For instance, violations may result in fines up to several million dollars for corporations, depending on the severity and frequency of the breach. Additionally, individuals involved in the operation could face imprisonment. The Act also allows for the Administrative Review Tribunal to review decisions, providing an avenue for those affected by the declaration to seek further clarification or appeal the decision if they are unsatisfied with the outcome.

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Environmental Law
Wildlife Law
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Notifiable instrument
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Definitions & Interpretation
Reporting & Disclosure Obligations
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.