Declaration of an Approved Wildlife Trade Management Plan - Management of Commercial Harvesting of Flora in Western Australia 2023-2028

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly matters of national environmental significance. The Act addresses the problem of unsustainable commercial harvesting of flora by providing a regulatory framework to ensure such activities are managed sustainably. The Commonwealth Parliament enacted this legislation to provide for the protection and conservation of flora and fauna, their habitats, and ecological communities. The policy objective is to ensure that commercial harvesting of flora is undertaken in a manner that does not negatively impact the environment or threaten species with extinction. The declaration by Belinda Jago, as Delegate of the Minister for the Environment and Water, approves the Wildlife Trade Management Plan for the Management of Commercial Harvesting of Flora in Western Australia 2023-2028. The declaration imposes specific conditions to ensure the sustainable management of commercial harvesting of flora in Western Australia, including the requirement for written approval from the Department of Climate Change, Energy, the Environment and Water to add species to the Export Flora List, submission of an updated Export Flora List within 48 hours of any changes, and annual reporting on the harvest of endemic Western Australian flora. This declaration aims to balance the economic benefits of commercial harvesting with the need to protect the environment and conserve biodiversity.

Scope and Application

The declaration issued under the Environment Protection and Biodiversity Conservation Act 1999 outlines the approved Wildlife Trade Management Plan for the Management of Commercial Harvesting of Flora in Western Australia for the period 2023-2028. This Act applies to entities and individuals involved in the commercial harvesting of flora in Western Australia, including the Western Australian Department of Biodiversity, Conservation and Attractions. The declaration stipulates that any commercial harvesting of flora for export must comply with the specified management plan. It also mandates that only flora species listed in the Export Flora List, which is subject to approval by the Department of Climate Change, Energy, the Environment and Water, are authorised for commercial harvest. Furthermore, the Western Australian Department of Biodiversity, Conservation and Attractions must submit an updated Export Flora List within 48 hours of any species additions or removals and provide an annual report detailing the previous year's harvest, compliance activities, and environmental monitoring measures. The declaration is valid for five years and can be reviewed or challenged under the provisions of the Act.

Key Provisions

The approved Wildlife Trade Management Plan for the Management of Commercial Harvesting of Flora in Western Australia 2023-2028, declared under section 303FO(2) of the Environment Protection and Biodiversity Conservation Act 1999, establishes the regulatory framework for the commercial harvesting of flora in Western Australia (s1). This declaration mandates that any commercial harvesting for export must adhere to the specified management plan and the Export Flora List (Appendix A) (s1). The list of flora species authorised for commercial harvest is detailed in Appendix A of the declaration. Entities and individuals governed by this legislation are required to comply with several stipulations. The Western Australian Department of Biodiversity, Conservation and Attractions must obtain written approval from the Department of Climate Change, Energy, the Environment and Water before adding any species to the Export Flora List (s2). Additionally, the Department must promptly notify the relevant department within 48 hours of any additions or removals from the Export Flora List (s3). An annual report must be submitted by 1 May each year, detailing the commercial harvest activities of the previous year, including the number of licences issued, a summary of the harvested flora by species, compliance management and enforcement activities, and environmental monitoring and adaptive management measures (s5). The Department is also obligated to share the outcomes of any related research with the Department of Climate Change, Energy, the Environment and Water (s6). Failure to comply with the conditions set out in the declaration may result in civil or criminal consequences. While the specific penalties are not detailed in the declaration, breaches of the Environment Protection and Biodiversity Conservation Act 1999 can lead to significant penalties. Civil penalties can include fines up to $1.1 million for corporations and $220,000 for individuals, depending on the severity and frequency of the breach. Criminal penalties can include fines of up to $66,000 for individuals and $330,000 for corporations, along with potential imprisonment terms. Additionally, persons whose interests are affected by this declaration have the right to request the reasons for the decision from the Department of Climate Change, Energy, the Environment and Water within 28 days (s7). An application for independent review can be made to the Administrative Appeals Tribunal within the same timeframe.