COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED SMALL-SCALE Wildlife Trade Operation –
kimberley wild pty ltd WILDLIFE TRADE OPERATION (small-scale) for the harvest and commercial export of Kakadu Plum (TerMinalia ferdinandiana) from Western Australia 2026-2029
I, Dani Yannopoulos, Division Head, Environmental Permitting and Compliance Division, as Delegate of the Minister for the Environment and Water am satisfied that the operation conducted by Kimberley Wild Pty Ltd to commercially export Kakadu Plum (Terminalia ferdinandiana) from Western Australia for commercial export, is a small-scale Wildlife Trade Operation, as defined by regulation 9A.20(2) under subsection 303FN(10)(b) of the Environment Protection and Biodiversity Conservation Act 1999.
I declare under subsection 303FN(2) that Kimberley Wild 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 is to be undertaken in accordance with Kimberley Wild Pty Ltd’s Wildlife Trade Operation (small-scale) for the harvest and commercial export of Kakadu Plum (Terminalia ferdinandiana) from Western Australia, 2026-2029
submitted to the Department of Climate Change, Energy, the Environment and Water on 26 March 2026.
- Commercial harvest for export is restricted to the following Australian native species:
Species | Part | Common Name(s) |
Terminalia ferdinandiana | Fruit | Kakadu Plum, Green Plum, Billy Goat Plum, Gubinge |
- All commercial harvest activities covered by this approval must be carried out in accordance with the necessary permits and approvals required under Western Australian and Commonwealth laws.
- Copies of relevant Western Australian and Commonwealth permits and approvals must be provided to the Department of Climate Change, Energy, the Environment and Water within 14 calendar days of their renewal.
- Kimberley Wild Pty Ltd must submit an annual report to the Department of Climate Change, Energy, the Environment and Water by 30 May each year.
The annual report must include details of:
- The quantity harvested, including the harvest methodology used and the geographical location of harvest.
- The quantity exported.
- A summary of all environmental monitoring undertaken including the results.
- Changes to harvest methodology, including improvements to harvest regimes and technology.
- This declaration is valid for 3 years from the date after its registration on the Federal Register of Legislation.
Dated this 27th day of May 2026
Dani Yannopoulos
………….…….……………………….........
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 to provide for the protection of the environment, particularly matters of national environmental significance, and to facilitate ecologically sustainable development through the conservation and ecologically sustainable use of natural resources. This legislation was introduced to address the need for a comprehensive legal framework that could effectively manage and protect Australia's biodiversity and environment, ensuring that activities which could potentially harm the environment are appropriately regulated and monitored. Enacted by the Parliament of Australia, the policy objective of the Act is to protect and conserve the environment by providing for the assessment and approval of certain activities that may have a significant impact on the environment, particularly in relation to matters of national environmental significance such as world heritage properties, national heritage places, and listed threatened species and ecological communities.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999, through its provisions for declaring approved small-scale wildlife trade operations, applies to entities like Kimberley Wild Pty Ltd, which engage in the commercial export of specified native species such as the Kakadu Plum (Terminalia ferdinandiana) from Western Australia. This legislation has a national reach across Australia, overseen by the Commonwealth, and ensures that such operations comply with both state and federal laws. The declaration provided by the Minister’s delegate confirms that Kimberley Wild Pty Ltd’s operation is approved under the Act, subject to conditions that include adherence to specified permits, timely reporting to the Department of Climate Change, Energy, the Environment and Water, and the provision of annual reports detailing the harvest and export activities. The operation is strictly regulated to ensure sustainable practices and minimal environmental impact, with the declaration remaining in effect for three years from the date of its registration. This Act thus sets a framework for the sustainable trade of native species while allowing for oversight and potential review by affected parties or the Administrative Review Tribunal.
Key Provisions
The key provisions of this notifiable instrument under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) declare that Kimberley Wild Pty Ltd has been approved as a small-scale wildlife trade operation for the harvest and commercial export of Kakadu Plum (Terminalia ferdinandiana) from Western Australia between 2026 and 2029. This approval is subject to certain conditions (section 303FT). These conditions include that the operation must be conducted in accordance with the detailed plan submitted by Kimberley Wild Pty Ltd on 26 March 2026, and it must adhere to the necessary permits and approvals required under both Western Australian and Commonwealth laws (section 303FN(2)). Furthermore, the company must submit an annual report by 30 May each year, detailing the quantity harvested, the harvest methodology, the geographical location of harvest, the quantity exported, a summary of environmental monitoring, and any changes to harvest methodology (section 303FN(2)). This declaration is valid for three years from its registration on the Federal Register of Legislation.
The obligations imposed on Kimberley Wild Pty Ltd include ensuring that all commercial harvest activities are conducted in strict compliance with the conditions outlined in the approved plan and the necessary legal permits. This entails obtaining and maintaining the relevant permits and approvals from both Western Australian and Commonwealth authorities and providing copies of these permits to the Department of Climate Change, Energy, the Environment and Water within 14 calendar days of their renewal (section 303FT). Additionally, the company must meticulously prepare and submit an annual report that includes detailed information on the harvest and export activities, environmental monitoring, and any changes in harvest methodologies (section 303FN(2)). These obligations are designed to ensure that the operation does not negatively impact the environment and that it operates within the legal framework established by both state and federal laws.
Failure to comply with the conditions set forth in this declaration could result in serious consequences. Under the EPBC Act, breaches of the approved conditions may lead to enforcement actions, including fines and other penalties. The specific penalties for non-compliance can vary depending on the severity and nature of the breach but could potentially include significant financial penalties. Furthermore, ongoing non-compliance could result in the revocation of the approved small-scale wildlife trade operation status, which would cease the legal authority to conduct the specified activities. In addition to these administrative penalties, individuals or entities found in breach of the Act may face civil or criminal liability, including potential imprisonment, depending on the circumstances and the extent of the violation.