COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE MANAGEMENT PLAN -
TREE FERN MANAGEMENT PLAN FOR THE SUSTAINABLE HARVESTING, TRANSPORTING OR TRADING OF DICKSONIA ANTARCTICA IN TASMANIA 2022
I, Adam Sincock, Principal Director, Wildlife Trade Office, as Delegate of the Minister for the Environment and Water declare under subsection 303FO(2) of the Environment Protection and Biodiversity Conservation Act 1999, that the Tree Fern Management Plan for the Sustainable Harvesting, Transporting or Trading of Dicksonia antarctica in Tasmania 2022 (prepared by the Tasmanian Forest Practices Authority) is an Approved Wildlife Trade Management Plan for the purposes of section 303FO of the EPBC Act.
Unless amended or revoked, this declaration has effect subject to the following conditions applied under section 303FT:
- Salvage harvest of Soft Tree Ferns (Dicksonia antarctica) in Tasmania must be conducted in accordance with the Tree Fern Management Plan for the Sustainable Harvesting, Transporting or Trading of Dicksonia antarctica in Tasmania 2022.
2. This declaration is valid until 17 October 2027.
3. The Tasmanian Forest Practices Authority must provide an annual report to the Department of Climate Change, Energy, the Environment and Water by 1 October each year. The annual report must include details of:
a) The number of Forest Practices Plans (FPPs) that include tree fern harvesting.
b) The number of tree fern tags issued.
c) Monitoring and investigations of tree fern harvesting compliance.
d) Research projects and outcomes.
Dated this 13th day of October 2022
Adam Sincock
………….…….……………………….........
Delegate of the Minister for the Environment and Water
A person whose interests are affected by this declaration may, within 28 days, make an application in writing to the Department of Climate Change, Energy, the Environment and Water 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 (currently $1,826 or reduced fee where applicable due to financial hardship) 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 https://www.dcceew.gov.au/about/reporting/freedom-of-information. Further enquiries should be directed to the Director, Wildlife Trade Assessments Section, Department of Climate Change, Energy, the Environment and Water by email: wta@environment.gov.au or 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 provide for the protection of the environment, particularly with respect to matters of national environmental significance, and to establish a framework for the management of wildlife trade. The Act aims to protect and conserve Australia's biodiversity, including threatened species and ecological communities, and to regulate activities that may have a significant impact on the environment. The Act was introduced to address the problem of unsustainable wildlife trade practices that could potentially harm biodiversity and the environment. This notifiable instrument, declared by the Principal Director, Wildlife Trade Office, as Delegate of the Minister for the Environment and Water, aims to ensure the sustainable harvesting, transporting, or trading of Dicksonia antarctica (Soft Tree Ferns) in Tasmania by approving a specific management plan. The policy objective is to maintain biodiversity and prevent the depletion of tree fern populations through regulated and monitored practices.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to the conduct of salvage harvest of Soft Tree Ferns (Dicksonia antarctica) in Tasmania, with this particular declaration focusing on the approved Tree Fern Management Plan for sustainable harvesting, transporting, or trading of these ferns. This Act, operating at the Commonwealth level, ensures that such activities comply with the specified management plan, which includes stringent guidelines and conditions to mitigate environmental impact and promote sustainable practices. The declaration is effective until 17 October 2027 and applies to any person or entity involved in the harvesting, transporting, or trading of Dicksonia antarctica within Tasmania. The Tasmanian Forest Practices Authority is mandated to submit an annual report detailing various aspects of the management plan's implementation, including the number of Forest Practices Plans that incorporate tree fern harvesting, the number of tree fern tags issued, and outcomes of compliance monitoring and research projects. This ensures transparency and accountability in the management of tree fern resources.
Key Provisions
The main operative sections of this legislation (sections 2 and 3) establish the Tree Fern Management Plan for the Sustainable Harvesting, Transporting or Trading of Dicksonia antarctica in Tasmania 2022 as an Approved Wildlife Trade Management Plan under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This means that the plan governs how Dicksonia antarctica (a species of tree fern) can be harvested, transported, or traded in Tasmania, ensuring that these activities are conducted sustainably. The declaration is valid until 17 October 2027, after which it will need to be reviewed or renewed (subsection 303FT). The Tasmanian Forest Practices Authority is required to submit an annual report to the Department of Climate Change, Energy, the Environment and Water by 1 October each year. This report must include details of the number of Forest Practices Plans that include tree fern harvesting, the number of tree fern tags issued, monitoring and investigations of tree fern harvesting compliance, and research projects and outcomes.
The obligations and requirements imposed by this legislation are primarily on the Tasmanian Forest Practices Authority. They must adhere to the Tree Fern Management Plan when issuing permits for tree fern harvesting and ensure that all activities are conducted sustainably. Additionally, the Authority must provide an annual report to the Department of Climate Change, Energy, the Environment and Water by 1 October each year. This report should include details on the number of Forest Practices Plans that involve tree fern harvesting, the number of tree fern tags issued, monitoring and investigations of tree fern harvesting compliance, and research projects and outcomes.
The legislation does not explicitly state any offences, penalties, or civil/criminal consequences for breach. However, the overarching EPBC Act does provide for offences and penalties related to non-compliance with approved wildlife trade management plans. Under the EPBC Act, non-compliance with an approved wildlife trade management plan could potentially lead to civil or criminal penalties, including fines and imprisonment. The specific penalties would depend on the nature and severity of the breach, as well as any relevant state or territory laws. For example, unauthorised harvesting, transporting, or trading of Dicksonia antarctica could result in fines up to $330,000 for individuals and $1.65 million for corporations, as well as potential imprisonment terms.