Declaration of an Approved Wildlife Trade Management Plan Whole Plant Sustainable Management Plan 2023-2027 for the commercial harvest, salvage and propagation of protected whole plants in NSW

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive protection of the environment, particularly biodiversity, and to ensure that the impacts of activities, projects, and developments are managed effectively. This Act was introduced by the Parliament of Australia with the overarching policy objective of preserving and enhancing the nation’s biodiversity and managing its use sustainably. The Act serves as a critical mechanism to control activities that may harm the environment and to provide for the conservation of wildlife, including the regulation of wildlife trade. This declaration of an approved Wildlife Trade Management Plan under section 303FO of the EPBC Act aims to ensure that the commercial harvest, salvage, and propagation of protected whole plants in New South Wales are conducted in a manner that is sustainable and compliant with environmental protection standards.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the sustainable management of whole plant species in New South Wales under the Whole Plant Sustainable Management Plan 2023-2027. This Act, through the declaration of an approved wildlife trade management plan, mandates that the commercial harvest, salvage, and propagation of protected whole plants in New South Wales must adhere to the outlined plan unless otherwise specified. The approved plan excludes the wild harvest of species listed as threatened under the EPBC Act, ensuring that only sustainable and non-threatened species are involved in the commercial activities. The plan's geographic reach is limited to New South Wales, where the activities must comply with the specified conditions. The NSW Department of Planning and Environment is tasked with providing annual reports detailing the number of licences and tags issued, harvest data, and compliance statistics, as well as a comprehensive wild harvest health and populations report by 30 June 2027. This declaration is effective from 1 January 2023 until 31 December 2027, and it is subject to review and appeal processes under the EPBC Act and the Administrative Appeals Tribunal.

Key Provisions

The main operative sections of this declaration, which is an approval under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), establish a Whole Plant Sustainable Management Plan for the period 2023-2027. Section 303FO(2) of the EPBC Act allows for the declaration of such plans, and this specific declaration was made by Susan Cooper, the Acting Principal Director, Wildlife Trade Office, as the delegate of the Minister for the Environment and Water. The plan itself governs the commercial harvest, salvage and propagation of protected whole plants in New South Wales, excluding the wild harvest of threatened species. The declaration specifies that these activities must adhere to the management plan, and sets out certain conditions and reporting requirements. The obligations imposed by this Act on the parties it governs are primarily focused on compliance with the management plan and reporting requirements. The NSW Department of Planning and Environment is required to submit an annual report to the Department of Climate Change, Energy, the Environment and Water by 30 August each year. This report must detail the number of licences and tags issued, harvest data including species harvested and their locations, and compliance statistics showing detected offences and actions taken. Additionally, by 30 June 2027, the NSW Department of Planning and Environment must provide a Wild harvest health and populations report that includes survey locations, species licenced for harvest, quantity and types of site surveys, and findings from these surveys, including health and population assessments of the species involved. Breach of the conditions outlined in this declaration could lead to various civil or criminal consequences, though specific offences and penalties are not detailed in the text provided. However, the declaration references section 303GJ(1) of the EPBC Act, which allows for an application to the Administrative Appeals Tribunal (AAT) for an independent review of the decision. Such an application must be made within 28 days of receipt of the reasons for the decision or within 28 days of the declaration if reasons for the decision are not sought. The AAT may impose penalties or other remedies if it finds a breach has occurred. Furthermore, interested parties have the right to seek reasons for the decision within 28 days of the declaration and may also apply under the Freedom of Information Act 1982 (Cth) to access documents related to this decision.