COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED SMALL-SCALE WILDLIFE TRADE OPERATION –
CRAIG MOSTYN & CO PTY LTD 2023-2026
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 Craig Mostyn & Co Pty Ltd to harvest Tate’s Grass Tree (Xanthorrhoea semiplana ssp. tateana) for export, is a small-scale Wildlife Trade Operation, as defined by regulation 9A.20(2) under subsection 303FN(10)(b).
I declare under subsection 303FN(2) that Craig Mostyn & Co Pty Ltd is an approved
small-scale Wildlife Trade Operation.
This declaration has effect subject to the following conditions applied under section 303FT:
- The operation must be carried out in accordance with the Craig Mostyn & Co Pty Ltd Wildlife Trade Operation (Small-scale) for the Harvest of Tate’s Grass Tree (Xanthorrhoea semiplana ssp. tateana) from Kangaroo Island, South Australia 2023-2026, dated 20 October 2023.
- Commercial harvest is restricted to single, dead trunks or stumps of Tate’s Grass Tree (Xanthorrhoea semiplana ssp. tateana), which have been taken from private land on Kangaroo Island, South Australia, with the permission of landholders.
- Export is restricted to 80,000 kg of Tate’s Grass Tree (Xanthorrhoea semiplana ssp. tateana) over the life of the approved Wildlife Trade Operation.
- Tate’s Grass Tree (Xanthorrhoea semiplana ssp. tateana) containing the Trailing
Hop-bush (Dodonaea procumbens) must not be harvested or damaged. - Harvesting must only be undertaken from December of the preceding year to May of the following year.
- Harvesting must occur in accordance with the Australian Government’s Arrive Clean, Leave Clean guidelines.
- Craig Mostyn & Co Pty Ltd must submit an annual report to the Department of Climate Change, Energy, the Environment and Water by 30 June each year. The annual report must include details of:
- The date and location (including the property address and coordinates) of harvest.
- The number and weight in kilograms (kg) of trunks and stumps taken.
8. Craig Mostyn & Co Pty Ltd must maintain accurate and up-to-date records of the information required under Condition 7. These records must be made available to the Department of Climate Change, Energy, the Environment and Water, on request.
9. This declaration is valid for three years from the day after its registration on the Federal Register of Legislation (FRL).
Dated this 5th day of December 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 $1,082 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 (the Act) was enacted to address the need for a unified approach to the protection of the environment, particularly in relation to matters of national environmental significance. The Act was introduced by the Australian Parliament to provide a framework for the protection and management of the environment, including biodiversity conservation, and to provide for the regulation of activities that may have a significant impact on the environment. The policy objective of the Act is to ensure that the environment, including its biodiversity, is protected and managed in a sustainable manner. The Act aims to achieve this by providing for the assessment and approval of activities that may have a significant impact on the environment, and by providing for the protection of threatened species and ecological communities. This notifiable instrument, dated 5 December 2023, declares Craig Mostyn & Co Pty Ltd as an approved small-scale Wildlife Trade Operation for the harvest of Tate’s Grass Tree (Xanthorrhoea semiplana ssp. tateana) from Kangaroo Island, South Australia, for the period 2023-2026, under the Act.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to the operation of Craig Mostyn & Co Pty Ltd, an approved small-scale Wildlife Trade Operation, which is authorised to commercially harvest Tate’s Grass Tree (Xanthorrhoea semiplana ssp. tateana) for export. This operation is limited to the harvesting of single, dead trunks or stumps from private land on Kangaroo Island, South Australia, with the permission of landholders, and is restricted to an export limit of 80,000 kg over the life of the approved operation. The operation is subject to strict conditions, including the prohibition of harvesting Tate’s Grass Tree containing Trailing Hop-bush (Dodonaea procumbens), adherence to the Australian Government’s Arrive Clean, Leave Clean guidelines, and the requirement to submit annual reports to the Department of Climate Change, Energy, the Environment and Water. The declaration is valid for three years from the date of its registration on the Federal Register of Legislation, subject to the stated conditions.
Key Provisions
The key provisions of this notifiable instrument (F2023N00593) under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) are contained in section 303FN, which outlines the process for declaring a small-scale wildlife trade operation. Section 303FT provides details of the conditions attached to such declarations. In this case, Belinda Jago, as Delegate of the Minister for the Environment and Water, has declared Craig Mostyn & Co Pty Ltd to be an approved small-scale Wildlife Trade Operation for the harvest of Tate’s Grass Tree (Xanthorrhoea semiplana ssp. tateana) from Kangaroo Island, South Australia, for the period 2023-2026. The operation must comply with the specific terms outlined in the attached operation plan, including restrictions on the type of harvestable material, the maximum weight of the exportable material, and the timing of the harvest. Additionally, the operation must adhere to the Australian Government’s Arrive Clean, Leave Clean guidelines and submit an annual report detailing the harvest activities.
Craig Mostyn & Co Pty Ltd is obligated to comply with the conditions outlined in the declaration and the attached operation plan. These include ensuring that the harvest is limited to single, dead trunks or stumps of Tate’s Grass Tree (Xanthorrhoea semiplana ssp. tateana) from private land on Kangaroo Island, with the permission of landholders. They must also refrain from harvesting or damaging Tate’s Grass Tree (Xanthorrhoea semiplana ssp. tateana) that contains Trailing Hop-bush (Dodonaea procumbens) and adhere to the specified harvest period from December to May. Furthermore, Craig Mostyn & Co Pty Ltd is required to submit an annual report by 30 June each year, detailing the harvest activities, and maintain accurate records of this information, which must be made available to the Department of Climate Change, Energy, the Environment and Water upon request.
The Environment Protection and Biodiversity Conservation Act 1999 imposes potential civil and criminal penalties for non-compliance with the provisions of the Act and the conditions outlined in the declaration. Under section 538, the maximum penalty for contravening a condition attached to a declaration under section 303FT is 10,000 penalty units, which equates to approximately AUD 1.8 million as of December 2023. Additionally, breaches of the Act may result in criminal charges, which could lead to fines and/or imprisonment, depending on the severity of the breach. These penalties underscore the importance of strict compliance with the declared conditions to avoid legal repercussions.