Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) was enacted to address the need for a comprehensive framework to protect and manage Australia's biodiversity and environment. This Act provides mechanisms to regulate activities that may have a significant impact on the environment, including the establishment of wildlife trade management plans to ensure the sustainable use of natural resources. The Act was introduced by the Commonwealth Parliament with a policy objective to safeguard Australia's biodiversity and ecological systems, ensuring they are managed in a sustainable and responsible manner. In line with these objectives, the declaration made under Subsection 303FO(2) of the Environment Protection and Biodiversity Conservation Act 1999 recognises the 'Treefern management plan for the sustainable harvesting, transporting or trading of Dicksonia antarctica in Tasmania 2017' as an Approved Wildlife Trade Management Plan. This recognition is subject to specific conditions, including adherence to the outlined management plan and the submission of an annual report to the Department of the Environment and Energy by 31 October each year. The plan is valid until 17 October 2022, ensuring that the sustainable harvesting of Dicksonia antarctica in Tasmania is monitored and regulated effectively.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to individuals and entities engaged in activities that may impact on matters of national environmental significance. Specifically, this notifiable instrument concerns the declaration of an Approved Wildlife Trade Management Plan for the sustainable harvesting, transporting, or trading of Dicksonia antarctica in Tasmania. The Act applies to those involved in the trade of this species within the geographic scope of Tasmania. The declaration imposes certain conditions, including adherence to the specified management plan and the submission of an annual report to the Department of the Environment and Energy. The plan's validity extends from the date of its gazettal until 17 October 2022. Any amendments or revocations to the declaration or the management plan itself would need to be made in accordance with the provisions of the Act and may be subject to further legislative instruments or regulations.

Key Provisions

The declaration under Subsection 303FO(2) of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) identifies the ‘Treefern management plan for the sustainable harvesting, transporting or trading of Dicksonia antarctica in Tasmania 2017’ as an Approved Wildlife Trade Management Plan (Section 303FR). This declaration is made by Paul Murphy, Assistant Secretary, Wildlife Trade and Biosecurity Branch, as a delegate of the Minister for the Environment and Energy, following a review of public comments. The approval of this management plan signifies that it meets the necessary standards for the sustainable management of Dicksonia antarctica within Tasmania. The approved management plan imposes several obligations on parties involved in the harvesting, transporting, and trading of Dicksonia antarctica. Firstly, all activities related to the trade of this species must strictly adhere to the guidelines set out in the approved ‘Treefern management plan for the sustainable harvesting, transporting or trading of Dicksonia antarctica in Tasmania 2017’ (Section 2). This includes ensuring that operations are conducted in a manner that is sustainable and does not negatively impact the species' population or its habitat. Secondly, an annual report must be submitted to the Department of the Environment and Energy by 31 October each year, covering the period from 1 July of the previous year to 30 June of the current year (Section 2). This report is essential for monitoring compliance and the effectiveness of the management plan. Breaches of the approved management plan or failure to comply with the reporting requirements can lead to various consequences. While the specific offences, penalties, or consequences are not detailed in the text, it is implied that non-compliance with the Act’s provisions could result in enforcement actions by the relevant authorities. This may include administrative penalties, fines, or other legal actions under the Environment Protection and Biodiversity Conservation Act 1999. The plan is valid until 17 October 2022, after which it may be subject to review or renewal to ensure continued compliance with conservation objectives.