Declaration of an Approved Wildlife Trade Management Plan - Queensland Protected Plants 2024-2029

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. The Act was introduced to address the problem of inadequate protection of the environment and biodiversity in Australia, by providing a framework for the assessment and approval of activities that may have a significant impact on the environment. The Act is administered by the Parliament of the Commonwealth of Australia, with the policy objective of promoting the conservation of biodiversity and the sustainable use of natural resources. The legislation aims to ensure that the commercial harvest of protected plants in Queensland is undertaken in a sustainable manner, while also protecting threatened species and providing for the reporting and monitoring of compliance with the approved Wildlife Trade Management Plan.

Scope and Application

The declaration under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) establishes the Wildlife Trade Management Plan – Queensland Protected Plants 2024-2029 as an approved plan for managing the commercial harvest of protected plants in Queensland for export purposes. This declaration applies to entities involved in the commercial harvest of protected plants, as well as to the Queensland Department of Environment, Science and Innovation, which is responsible for implementing and reporting on the plan's provisions. The approved plan sets out specific conditions that must be met to ensure that the commercial harvest of protected plants is sustainable and does not threaten the survival of any listed species. The declaration excludes the wild harvest of species listed as threatened under the EPBC Act or future relevant Commonwealth environmental legislation. The approved plan must be adhered to, with particular attention to species harvest quotas and monitoring activities, and annual reports must be submitted to the Department of Climate Change, Energy, the Environment and Water. This declaration is applicable across the Commonwealth of Australia and has a five-year validity period from the date of its registration on the Federal Register of Legislation.

Key Provisions

The key provisions of the declaration (subsection 303FO(2) of the Environment Protection and Biodiversity Conservation Act 1999) involve the approval of the Wildlife Trade Management Plan – Queensland Protected Plants 2024-2029, which is to govern the commercial harvest for export of protected plants in Queensland. This approval is contingent upon adherence to the outlined plan, which includes specific conditions such as excluding the wild harvest of species listed as threatened under the EPBC Act or any relevant Commonwealth environmental legislation. Additionally, the declaration stipulates that the Department of Environment, Science and Innovation must notify the Department of Climate Change, Energy, the Environment and Water within one month of any listing re-classifications made under the Queensland Nature Conservation Act 1992. The obligations imposed by the Act require the Department of Environment, Science and Innovation to submit an annual report by 15 June each year. This report must detail the Protected Plant Harvesting Licences and Protected Plant Growing Licences issued under the Queensland Nature Conservation Act 1992, including the number of each type of licence granted, species harvest quotas per harvest location, actual harvest quantities, and harvest locations. Furthermore, the report must encompass compliance monitoring and enforcement activities, a summary of completed environmental monitoring and adaptive management measures, and results of research conducted over the previous 12 months. Failure to comply with the requirements set out in the declaration may result in various consequences. The Act does not explicitly outline specific offences or penalties for non-compliance in this context, but non-compliance could potentially lead to civil or criminal actions under other relevant environmental legislation. For instance, actions that contravene the EPBC Act or any other Commonwealth environmental legislation could incur penalties as stipulated in those respective laws. Additionally, any breaches of the approved Wildlife Trade Management Plan could result in enforcement actions, including fines or other administrative penalties, as determined by the relevant authorities.