COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE MANAGEMENT PLAN – MANAGEMENT OF COMMERCIAL HARVESTING OF PROTECTED FLORA IN WESTERN AUSTRALIA – 2018
I, Paul Murphy, Assistant Secretary, Wildlife Trade and Biosecurity Branch, as delegate of the Minister for the Environment and Energy declare under subsection 303FO(2) of the Act, that the plan Management of Commercial Harvesting of Protected Flora in Western Australia,
1 July 2018-30 June 2023 (prepared by the Western Australian Department of Biodiversity, Conservation and Attractions) is an Approved Wildlife Trade Management Plan for the purposes of section 303FO of the Act.
This declaration has effect subject to the following conditions applied under section 303FT of the Act:
- Harvesting of plants and plant parts in Western Australia is to be done in accordance with the Management of Commercial Harvesting of Protected Flora in Western Australia,
1 July 2018-30 June 2023. - The approval excludes wild harvested specimens of species listed as threatened under the Act.
- The Department of Biodiversity, Conservation and Attractions must provide a report to the Department of the Environment and Energy on request. The report must include details of:
- Harvest records for all harvested taxa;
- Quotas imposed on the harvesting of any taxa;
- Enforcement activities, including numbers of investigations, breaches and prosecutions, and details of any remedial action taken; and
- Results of research carried out in the previous twelve month period.
4. This declaration is valid for five years from the date of registration of this declaration.
Dated this 21st day of June 2018
Paul Murphy
Delegate of the Minister for the Environment and Energy
A person whose interests are affected by this declaration may, within 28 days, make an application in writing to the Department of the Environment and Energy 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 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 http://www.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 http://www.environment.gov.au/foi/index.html.
Further enquiries should be directed to the Director, Wildlife Trade Assessments Section, Department of the Environment and Energy, Email: wta@environment.gov.au, Telephone: (02) 6274 1900 (option 2).
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Parliament of Australia to address the problem of declining biodiversity and the need for comprehensive environmental protection and conservation measures. One of the key policy objectives of the EPBC Act is to manage and conserve Australia's biodiversity and ecosystems, including the regulation of wildlife trade. In 2018, a declaration was made under the EPBC Act to approve the "Management of Commercial Harvesting of Protected Flora in Western Australia" as an Approved Wildlife Trade Management Plan. This declaration, issued by Paul Murphy, the delegate of the Minister for the Environment and Energy, aims to ensure that the harvesting of protected flora in Western Australia is conducted in a sustainable and regulated manner, while excluding the harvesting of threatened species listed under the Act. The declaration is subject to specific conditions, including the requirement for the Western Australian Department of Biodiversity, Conservation and Attractions to provide regular reports to the Department of the Environment and Energy detailing harvest records, quotas, enforcement activities, and research outcomes.
Scope and Application
The declaration of the Approved Wildlife Trade Management Plan for the management of commercial harvesting of protected flora in Western Australia under the Environment Protection and Biodiversity Conservation Act 1999 applies to entities involved in the commercial harvesting of protected flora within the state of Western Australia. This management plan is specifically tailored to regulate the harvesting activities of these entities and ensures compliance with the stipulated conditions to protect and conserve the flora. The plan's geographic reach is limited to Western Australia, making it a state-specific legislation. Notably, the approval excludes wild harvested specimens of species listed as threatened under the Act, thereby safeguarding endangered species. The Department of Biodiversity, Conservation and Attractions is mandated to provide periodic reports to the Department of the Environment and Energy, detailing harvest records, quotas, enforcement activities, and research results. This declaration, effective from 21st June 2018, is valid for five years, subject to potential review and appeal processes available to affected parties within specified timeframes.
Key Provisions
The main operative sections of this declaration under the Environment Protection and Biodiversity Conservation Act 1999 (the Act) include the declaration itself (subsection 303FO(2)) and the conditions applied to the approval of the wildlife trade management plan (section 303FT). The declaration signifies that the Management of Commercial Harvesting of Protected Flora in Western Australia, 1 July 2018-30 June 2023 plan is approved and valid for five years from the date of registration. This plan governs the harvesting of protected flora in Western Australia, ensuring it is conducted in a manner consistent with the objectives of the Act. The approval, however, excludes wild harvested specimens of species listed as threatened under the Act, ensuring that additional protections are in place for these vulnerable species.
The obligations imposed on parties governed by this Act include strict adherence to the terms and conditions of the approved wildlife trade management plan. Specifically, the Western Australian Department of Biodiversity, Conservation and Attractions must provide reports to the Department of the Environment and Energy as requested. These reports must include detailed information on harvest records for all harvested taxa, imposed quotas, enforcement activities, and research results from the previous twelve months. The aim is to ensure transparency, accountability, and effective management of commercial harvesting activities.
Breaching the conditions or obligations outlined in the Act may result in various legal and administrative consequences. While the specific offences and penalties are not detailed in the declaration, the Act provides a framework for enforcement, which may include civil or criminal penalties. For instance, unauthorised harvesting of protected species or non-compliance with reporting requirements could lead to fines or other legal actions. Additionally, failure to report or provide accurate information can result in sanctions under the Freedom of Information Act 1982 (Cth), potentially affecting the entity's standing and credibility in environmental management.