COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED DEVELOPMENTAL WILDLIFE TRADE OPERATION –
NORTHERN AUSTRALIA ABORIGINAL KAKADU PLUM ALLIANCE COOPERATIVE LIMITED (NAAKPA) 2023-2026
I, TANYA PLIBERSEK, Minister for the Environment and Water am satisfied that the operation conducted by the Northern Australia Aboriginal Kakadu Plum Alliance Cooperative Limited (NAAKPA) to commercially harvest Australian native bushfood species for 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 NAAKPA is an approved developmental wildlife trade operation.
This declaration has effect subject to the following conditions applied under section 303FT:
- The operation is to be undertaken in accordance with the proposal submitted to the Department of Climate Change, Energy, the Environment and Water on 4 November 2022.
2. Commercial harvest for export is restricted to the following Australian native species. Additional species can be exported only after approval from the Department of Climate Change, Energy, the Environment and Water.
Species | Common Name(s) |
Terminalia ferdinandiana | Kakadu Plum, Green Plum, Billy Goat Plum |
Antidesma ghaesembilla | Black Currant Tree, Minya Berries |
Brachystelma glabriflorum | Bush Potato |
Buchanania obovata | Green Plum |
Eriosema chinense | Bush Radish |
Oecophylla smaragdina | Green Tree Ant, Weaver Ant |
Ipomoea costata | Bush Potato, Wild Potato |
Syzygium armstrongii | Bush Apple, Small White Bush Apple |
Syzygium eucalyptoides | Bush Apple, White Apple |
Syzygium forte | Bush Apple, White Bush Apple |
Syzygium suborbicultare | Bush Apple, Red Bush Apple |
Vigna vexillata | Bush Carrot, Wild Cow Pea |
Vitex glabrata | Black Plum |
Terminalia canescens | Jilungin Tea, Pindan Walnut |
3. This declaration is valid for three years from the date after its registration on the Federal Register of Legislation.
4. All commercial harvest activities covered by this approval must be carried out in accordance with the necessary permits and approvals required under Western Australian, Northern Territory and Commonwealth laws.
5. Copies of relevant Western Australian, Northern Territory and Commonwealth permits and approvals must be provided to the Department of Climate Change, Energy, the Environment and Water within 14 days of their renewal.
6. The Northern Australia Aboriginal Kakadu Plum Alliance Cooperative Limited (NAAKPA) must submit an annual report to the Department of Climate Change, Energy, the Environment and Water by 31 March each year. The annual report must include details of:
a) The quantity of each species harvested by each Aboriginal Corporation, including the harvest methodology used and the geographical location of harvest.
b) The quantity of each species exported by NAAKPA.
c) A summary of all environmental monitoring undertaken by each Aboriginal Corporation, including the results.
d) Changes to harvest methodology, including improvements to harvest regimes and technology.
Dated this 27 day of June 2023
Tanya Plibersek
………….…….……………………….........
Minister for the Environment and Water
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. This legislation was introduced to address the need for comprehensive regulation and oversight of activities that could potentially impact the environment, including wildlife trade operations. The Act is administered by the Commonwealth Parliament, with the Minister for the Environment and Water responsible for declaring approved developmental wildlife trade operations. In this instance, the policy objective is to support sustainable and responsible commercial harvesting of native Australian bushfood species for export while ensuring compliance with environmental protection standards.
This notifiable instrument declares the operation of the Northern Australia Aboriginal Kakadu Plum Alliance Cooperative Limited (NAAKPA) as an approved developmental wildlife trade operation for the period 2023-2026. The declaration is subject to specific conditions, including adherence to the submitted proposal, restricted commercial harvest for export to certain species, compliance with relevant permits and approvals, submission of annual reports detailing harvest and export quantities, and environmental monitoring results. This initiative aims to balance economic benefits with environmental sustainability and cultural preservation for Aboriginal communities.
Scope and Application
The declaration under the Environment Protection and Biodiversity Conservation Act 1999 identifies the operation conducted by the Northern Australia Aboriginal Kakadu Plum Alliance Cooperative Limited (NAAKPA) as an approved developmental wildlife trade operation. This authorisation pertains specifically to the commercial harvesting of Australian native bushfood species for export, as defined by regulation 9A.20(3) under subsection 303FN(10)(c) of the Act. The approval is subject to strict conditions, including adherence to the proposal submitted to the Department of Climate Change, Energy, the Environment and Water on 4 November 2022. It is limited to the specified native species and requires further approval for any additional species. The operation must comply with necessary permits and approvals under Western Australian, Northern Territory, and Commonwealth laws, with relevant permits to be submitted to the Department within 14 days of renewal. The approval is valid for three years from the date of its registration on the Federal Register of Legislation. NAAKPA is also required to submit an annual report detailing the quantity of species harvested and exported, harvest methodologies, environmental monitoring results, and any changes to harvest practices.
Key Provisions
The key provisions of the declaration are outlined in sections 303FN and 303FT of the Environment Protection and Biodiversity Conservation Act 1999. Section 303FN(2) mandates the Minister's declaration that the Northern Australia Aboriginal Kakadu Plum Alliance Cooperative Limited (NAAKPA) is an approved developmental wildlife trade operation, subject to the conditions specified in section 303FT. This means that NAAKPA can legally engage in the commercial harvest and export of certain Australian native bushfood species for a period of three years, starting from the date of registration of this declaration on the Federal Register of Legislation.
NAAKPA and other Aboriginal Corporations involved in the operation must adhere to a set of obligations and requirements to ensure that their activities are sustainable and environmentally responsible. Firstly, they must follow the proposal submitted to the Department of Climate Change, Energy, the Environment and Water on 4 November 2022. Secondly, they must comply with all necessary permits and approvals under Western Australian, Northern Territory and Commonwealth laws. Thirdly, they must provide copies of these permits and approvals to the Department within 14 days of their renewal. Lastly, NAAKPA must submit an annual report to the Department by 31 March each year, detailing the quantity of each species harvested, the export quantity, environmental monitoring results, and any changes to harvest methodology.
Failing to comply with the conditions set out in this declaration could result in civil or criminal consequences. The Act does not specify the exact penalties for breach, but it is likely that non-compliance could lead to fines, legal action, or even revocation of the approval. Additionally, any environmental harm caused by NAAKPA's activities could result in further penalties under the Environment Protection and Biodiversity Conservation Act 1999 or other relevant legislation.