COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED small-scale WILDLIFE TRADE OPERATION –
Two gums partnership wildlife trade operation for the commercial export of common brushtail possum (trichosurus vulpecula) 2024-2027
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 Two Gums Partnership to commercially export common brushtail possum (Trichosurus vulpecula), 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 Two Gums Partnership Wildlife Trade Operation for the Commercial Export of Common Brushtail Possum (Trichosurus vulpecula) 2024-2027 is an approved small-scale Wildlife Trade Operation.
This declaration has effect subject to the following conditions applied under section 303FT:
- This operation is to be undertaken in accordance with the Management Plan for Commercial Harvest and Export of Brush Tail Possum from Tasmania submitted to the department on 12 February 2025.
- The annual harvest quota for the purposes of export by Two Gums Partnership must not exceed 100,000 Trichosurus vulpecula (common brushtail possum).
- The declaration is valid for 3 years from the day after its registration on the Federal Register of Legislation (FRL).
- Two Gums Partnership must only purchase Trichosurus vulpecula (common brushtail possums) that have been taken in accordance with the Code of Practice for the Field Shooting of Brushtail Possum in Tasmania, DPIPWE, February 2012 (the Code).
- Two Gums Partnership must submit an annual report to the Department of Climate Change, Energy, the Environment and Water by 1 March each year. The annual report must include:
- For the previous year of approval, the number of common brushtail possums:
- purchased or received by Two Gums Partnership, by harvest region
- exported by Two Gums Partnership
- sold by Two Gums Partnership
- retained as stock on hand at the time of reporting by Two Gums Partnership
- The Department of Natural Resources and Environment (NRE) Annual State-wide Spotlight Survey Tasmania density estimates for common brushtail possums in all mainland regions of Tasmania and Flinders Island.
Dated this 3rd day of April 2025
SIGNED
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 (EPBC Act) was enacted to address the need for a comprehensive framework to protect and manage the environment, particularly in relation to biodiversity and heritage. The Act was introduced by the Parliament of Australia to provide a unified approach to environmental protection, aiming to safeguard Australia's unique ecosystems, species, and natural heritage. The policy objective of the Act is to prevent significant damage to the environment from harmful activities, including the trade of wildlife, by ensuring that operations adhere to strict guidelines and conditions. The declaration of an approved small-scale wildlife trade operation by the Department of Climate Change, Energy, the Environment and Water under the EPBC Act exemplifies the implementation of this policy by setting specific conditions for the commercial export of common brushtail possums, ensuring sustainable practices and adherence to management plans.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to various entities and activities that could potentially impact the environment, including species and ecological communities of national or international significance. The declaration of an approved small-scale wildlife trade operation pertains to the Two Gums Partnership, which is authorised to commercially export common brushtail possums from Tasmania within a specified timeframe and under specific conditions. The declaration is applicable across the Commonwealth of Australia, ensuring that the wildlife trade operation adheres to national standards and regulations. The operation is subject to a number of conditions, including adherence to a management plan and a maximum annual harvest quota of 100,000 common brushtail possums. Additionally, the possums must be sourced in compliance with a specific code of practice, and an annual report must be submitted to the Department of Climate Change, Energy, the Environment and Water by 1 March each year. The declaration is valid for three years from the day after its registration on the Federal Register of Legislation. The Act extends its application through subordinate instruments such as regulations and codes of practice, which detail the specific requirements and standards that must be met by the wildlife trade operation.
Key Provisions
The primary operative sections of the declaration concern the approval of Two Gums Partnership’s operation to commercially export common brushtail possums (Trichosurus vulpecula) from 2024 to 2027. Section 303FN(2) establishes the approval of the operation as a small-scale wildlife trade operation, which must adhere to specific conditions. These conditions include compliance with the Management Plan for Commercial Harvest and Export of Brushtail Possum from Tasmania (section 303FT), maintaining an annual harvest quota of no more than 100,000 possums, and adherence to the Code of Practice for the Field Shooting of Brushtail Possum in Tasmania (section 303FT). Additionally, Two Gums Partnership must submit an annual report to the Department of Climate Change, Energy, the Environment and Water by 1 March each year, detailing the number of possums purchased, exported, sold, and retained.
The obligations imposed on Two Gums Partnership include strict adherence to the outlined conditions and guidelines. The partnership must ensure that all possums are harvested in accordance with the Code of Practice, as stipulated in section 303FT. They must also submit an annual report by 1 March each year, providing detailed information on their activities, including the number of possums involved in their operations. Failure to comply with these obligations could result in the operation being deemed non-compliant, potentially leading to revocation of the approval.
Section 303GJ(1) outlines the consequences for non-compliance with the conditions of the declaration. Breaches of the terms may result in various civil or criminal penalties, depending on the severity and nature of the breach. The exact penalties are not specified in the text, but they may include fines, revocation of the operation’s approval, or other enforcement actions. Additionally, section 266 of the Administrative Review Tribunal Act 2024 mandates that decision-makers must inform affected parties of their review rights. Any person whose interests are affected by this decision has the right to apply for a statement of reasons within 28 days and may further seek an independent merits review by the Administrative Review Tribunal. The application for review must be made within 28 days of receipt of the reasons for the decision or within 28 days of the declaration, if reasons for the decision are not sought. The tribunal’s website provides further information on the review process and fees, which currently stand at $1,121, with reduced fees available in cases of financial hardship.