COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED EXISTING STOCKS WILDLIFE TRADE OPERATION –
NORTHERN AUSTRALIA ABORIGINAL KAKADU PLUM ALLIANCE COOPERATIVE LIMITED (NAAKPA) 2023-2026
I, Belinda Jago, Branch Head, Oceans and Wildlife Branch, as Delegate of the 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 export existing stocks of harvested Kakadu Plum (Terminalia ferdinandiana), is an existing stocks wildlife trade operation, as defined by regulation 9A.20(4) and (5) under subsection 303FN(10)(f).
I declare under subsection 303FN(2) that the Northern Australia Aboriginal Kakadu Plum Alliance Cooperative Limited (NAAKPA) is an approved existing stocks 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 12 May 2023.
2. Commercial harvest for export is restricted to Kakadu Plum (Terminalia ferdinandiana).
3. This approval covers Kakadu Plum (Terminalia ferdinandiana) acquired and recorded by the Northern Australia Aboriginal Kakadu Plum Alliance Cooperative Limited (NAAKPA) prior to the approval of NAAKPA’s Developmental Wildlife Trade Operation on 27 June 2023.
4. This declaration is valid for three years from the date after its registration on the Federal Register of Legislation.
5. Commercial harvest must have been undertaken in accordance with the necessary permits and approvals required under Western Australian and Northern Territory laws.
6. The Northern Australia Aboriginal Kakadu Plum Alliance Cooperative Limited (NAAKPA) must submit a report to the Department of Climate Change, Energy, the Environment and Water by 25 June each year. The report must include the quantity of Kakadu Plum (Terminalia ferdinandiana) harvested and exported in the preceding 12 months, and the export destination.
Dated this 5th day of July 2023
Belinda Jago
………….…….……………………….........
Delegate of the Minister for the Environment and Water
A person whose interests are affected by this declaration may, within 28 days, make an application in writing to the Department of Climate Change, Energy, the Environment and Water 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 $1,826 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 Administrative Appeals Tribunal | Administrative Appeals Tribunal (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 https://www.dcceew.gov.au/about/reporting/freedom-of-information. Further enquiries should be directed to the Director, Wildlife Trade Assessments Section, Department of Climate Change, Energy, the Environment and Water by email: wta@dcceew.gov.au or telephone: 1800 075 065.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance, and to establish a framework for the assessment of activities that may have significant environmental impacts. This Act addresses the problem of ensuring that wildlife trade operations are conducted in a manner that is consistent with Australia's international obligations and conserves biodiversity. The Act was introduced by the Parliament of Australia with the policy objective of maintaining and enhancing the nation's biodiversity and ecosystems. In this context, the declaration of an approved existing stocks wildlife trade operation, as exemplified by the Northern Australia Aboriginal Kakadu Plum Alliance Cooperative Limited (NAAKPA), ensures that the commercial export of Kakadu Plum aligns with regulatory standards and environmental conservation goals.
Scope and Application
The declaration issued under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) by Belinda Jago, the Delegate of the Minister for the Environment and Water, designates the Northern Australia Aboriginal Kakadu Plum Alliance Cooperative Limited (NAAKPA) as an approved existing stocks wildlife trade operation for the commercial export of Kakadu Plum (Terminalia ferdinandiana). This approval is limited to the existing stocks harvested prior to the approval of NAAKPA's Developmental Wildlife Trade Operation on 27 June 2023, and is subject to specific conditions aimed at ensuring sustainable and compliant practices. These conditions include adherence to the proposal submitted to the Department of Climate Change, Energy, the Environment and Water, compliance with Western Australian and Northern Territory laws, and the submission of an annual report detailing the quantity and destination of harvested and exported Kakadu Plum. This declaration is valid for three years following its registration on the Federal Register of Legislation, providing a clear and limited scope for the operation of NAAKPA within the constraints of environmental protection and biodiversity conservation.
Key Provisions
The declaration, as outlined in the document, establishes the Northern Australia Aboriginal Kakadu Plum Alliance Cooperative Limited (NAAKPA) as an approved existing stocks wildlife trade operation under the Environment Protection and Biodiversity Conservation Act 1999 (the Act) (sections 303FN(2) and 303FN(10)(f)). NAAKPA is approved to commercially export existing stocks of Kakadu Plum (Terminalia ferdinandiana) under specific conditions and timeframes, which include adherence to the proposal submitted to the Department of Climate Change, Energy, the Environment and Water on 12 May 2023 (section 303FT). The commercial harvest is strictly limited to Kakadu Plum and must have been acquired and recorded prior to the approval of NAAKPA's Developmental Wildlife Trade Operation on 27 June 2023 (section 303FT(3)). This declaration is valid for three years from the date of its registration on the Federal Register of Legislation, after which it will expire unless renewed (section 303FT(4)).
NAAKPA is obligated to comply with necessary permits and approvals under Western Australian and Northern Territory laws during the commercial harvest of Kakadu Plum (section 303FT(5)). Additionally, NAAKPA must submit an annual report to the Department of Climate Change, Energy, the Environment and Water by 25 June each year. This report should detail the quantity of Kakadu Plum harvested and exported in the preceding 12 months, along with the export destination (section 303FT(6)). Failure to adhere to these obligations may result in consequences under the Act.
The Environment Protection and Biodiversity Conservation Act 1999 imposes penalties for non-compliance with its provisions. For instance, an individual or corporation found in breach of the Act may face civil or criminal penalties, including substantial fines. Specifically, for corporations, the maximum penalty for contravening the Act can reach up to $300,000 for each offence. Furthermore, officers of the corporation, such as directors or employees, who are found to be responsible for the breach may face personal penalties, including fines of up to $66,000 and imprisonment for up to five years (section 528). Additionally, individuals who wilfully obstruct an authorised officer in the execution of their duties under the Act can incur fines of up to $22,000 or imprisonment for up to six months, or both (section 529).