Declaration of an Approved Wildlife Trade Management Plan Cut-flower Sustainable Management Plan 2023-2027 Protected and threatened plants in the cut-flower industry

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) 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 sustainable use of Australia's biodiversity. The Act was introduced to address the problem of biodiversity loss and environmental degradation, providing a comprehensive legislative approach to protect and manage Australia's environment. The EPBC Act is administered by the Australian Government, and its policy objective is to ensure that activities under Commonwealth control or influence do not have a significant impact on the environment, particularly in relation to matters of national environmental significance. This includes protecting and conserving Australia's biodiversity, as well as managing the impacts of trade and industry on the environment.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to various entities involved in the cut-flower industry in New South Wales, specifically those engaged in the harvesting and cultivation of protected and threatened plants. This Act, as declared by the Acting Principal Director of the Wildlife Trade Office under the authority of the Minister for the Environment and Water, recognises the Cut-flower Sustainable Management Plan 2023-2027 as an Approved Wildlife Trade Management Plan. The management plan governs the sustainable practices necessary for the industry, excluding wild harvested specimens of threatened species under the EPBC Act. The geographical scope of this declaration is confined to New South Wales, affecting entities and individuals operating within the state's cut-flower industry. This Act mandates annual and end-of-term reporting by the NSW Department of Planning and Environment to ensure compliance and the health of wild harvest populations. The declaration is effective from 1 January 2023 until 31 December 2027, with provisions for application for review and access to information under the Freedom of Information Act 1982.

Key Provisions

The primary operative sections of this legislation (sections 303FO and 303FT) declare the New South Wales Cut-flower Sustainable Management Plan 2023-2027 as an Approved Wildlife Trade Management Plan under the Environment Protection and Biodiversity Conservation Act 1999. This means that the plan must be followed for the cultivation and harvesting of protected and threatened plants in the cut-flower industry within New South Wales. However, it is important to note that this approval does not apply to wild harvested specimens of species that are listed as threatened under the same Act. Furthermore, the plan is in effect from 1 January 2023 until 31 December 2027, unless it is amended or revoked. In accordance with the Act, the New South Wales Department of Planning and Environment is mandated to submit two specific reports to the Department of Climate Change, Energy, the Environment and Water. Firstly, an annual report is to be provided by 30 August each year. This report must contain detailed information about the number of licences and tags issued, harvest data (including species harvested, number of plants harvested, source and location of the plants), and compliance statistics (showing the number and type of offences detected, and the compliance action taken). Secondly, a Wild harvest health and populations report is to be submitted by 30 June 2027. This report must address all licensed locations for wild harvest and include details such as wild harvest survey locations, species licensed for wild harvest at each survey location, quantity and types of site surveys completed, site survey findings, and a summary assessment of any wild harvest health and population changes observed at survey sites. The Act also stipulates certain obligations and requirements for the parties it governs. The New South Wales Department of Planning and Environment must ensure that harvesting and cultivation of plants for the cut-flower industry comply with the Sustainable Management Plan. This includes submitting the required reports as outlined above. Furthermore, any person whose interests are affected by this declaration may apply in writing to the Department of Climate Change, Energy, the Environment and Water for reasons for the decision within 28 days. An application for independent review of the decision can be made to the Administrative Appeals Tribunal within the same timeframe or, if reasons for the decision are not sought, within 28 days of the declaration. Breach of the requirements outlined in the Act can result in both civil and criminal consequences. The exact penalties for these breaches are not specified in the text, but it is clear that non-compliance with the management plan and reporting requirements can lead to enforcement actions. Additionally, the text mentions the possibility of making an application under the Freedom of Information Act 1982 to access documents relevant to this decision, suggesting that there may be avenues for seeking information or recourse related to compliance and enforcement of the Act.