COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE MANAGEMENT PLAN –Queensland Protected Plants, 5 August 2019 to 4 August 2024
I, John Gibbs, Assistant Secretary, Wildlife Trade and Biosecurity Branch, as delegate of the Minister for the Environment and Energy declare under subsection 303FO(2) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), that the plan Wildlife Trade Management Plan - Queensland Protected Plants, 5 August 2019 to 4 August 2024 (prepared by the Queensland Department of Environment and Science) is an Approved Wildlife Trade Management Plan for the purposes of section 303FO of the EPBC Act.
This declaration has effect subject to the following conditions applied under section 303FT of the EPBC Act:
- Harvesting of plants and plant parts in Queensland is to be done in accordance with the Wildlife Trade Management Plan - Queensland Protected Plants, 5 August 2019 to 4 August 2024.
- The approval excludes wild harvested specimens of species listed as threatened under the EPBC Act.
- The Queensland Department of Environment and Science must provide an annual report to the Department of the Environment and Energy. The report must include details of:
- Harvest records for all harvested taxa;
- Quotas, requirements and/or limitations for authorised harvesting of any taxa;
- sustainable harvest plans;
- emerging threats detected;
- any species reclassified under the Nature Conservation Act 1992 (Queensland);
- 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 This declaration is valid for five years from the date of registration of this declaration.
Dated this 29th day of July 2019
John Gibbs
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, via email: wta@environment.gov.au.
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. One of the Act's objectives is to manage and regulate the international trade of wildlife to prevent threats to biodiversity and ecosystem health. The Act addresses the problem of unsustainable and illegal wildlife trade by providing a framework for the approval of wildlife trade management plans that ensure the sustainable use of biological resources. The declaration of an Approved Wildlife Trade Management Plan for Queensland Protected Plants is made under the authority of the Minister for the Environment and Energy, with the policy objective being to facilitate the sustainable management of the harvesting of protected plants in Queensland while preventing the trade of threatened species.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) establishes the framework for protecting Australia's environment, including its wildlife and biodiversity. This Act applies to any person, entity, or industry involved in activities that may impact the environment, particularly those involving protected species and their trade. The Wildlife Trade Management Plan - Queensland Protected Plants, declared under section 303FO of the EPBC Act, applies specifically to the harvesting of protected plant species in Queensland. This approval is subject to certain conditions, such as adherence to the specified management plan, exclusion of threatened species listed under the EPBC Act, and the requirement for the Queensland Department of Environment and Science to submit annual reports detailing various aspects of the management plan’s implementation. The declaration is applicable nationally within Australia and is overseen by the Commonwealth. It is important to note that the declaration excludes the wild harvesting of species that are listed as threatened under the EPBC Act. The geographic reach of the declaration is limited to Queensland, and the application may be extended or restricted through subordinate instruments as required by the EPBC Act.
Key Provisions
The main operative sections of this declaration under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) include the approval of the Wildlife Trade Management Plan - Queensland Protected Plants, 5 August 2019 to 4 August 2024, as an Approved Wildlife Trade Management Plan (section 303FO). This approval allows for the regulated harvesting of plants and plant parts within Queensland as per the outlined plan, with the condition that it does not include species listed as threatened under the EPBC Act (section 303FT). The plan also mandates that the Queensland Department of Environment and Science must submit an annual report to the Department of the Environment and Energy detailing harvest records, quotas, sustainable harvest plans, emerging threats, species reclassification, enforcement activities, and research results (section 303FT). This declaration is effective for a period of five years from the date of its registration.
The obligations imposed by this declaration on the parties involved are significant. The primary obligation is that all harvesting of protected plants within Queensland must adhere to the guidelines and regulations outlined in the approved Wildlife Trade Management Plan. Specifically, the Queensland Department of Environment and Science is required to produce and submit an annual report detailing the activities and outcomes of the harvesting practices, including harvest records, enforcement actions, and research findings. This ensures transparency and accountability in the management of protected plant resources. Additionally, the declaration stipulates that wild harvested specimens of species listed as threatened under the EPBC Act are excluded from the approved plan.
Breaches of the conditions set forth in this declaration may result in various civil and criminal consequences. Under the EPBC Act, failure to comply with the terms of an Approved Wildlife Trade Management Plan can lead to enforcement actions by relevant authorities. Such actions may include investigations into non-compliance, fines, and prosecutions. The specific penalties for breaches are not detailed in this declaration but generally can include substantial fines and potential imprisonment depending on the severity and frequency of the violations. These consequences serve as deterrents to ensure adherence to the regulations aimed at protecting biodiversity and ensuring sustainable practices in the trade of protected plants.