Declaration of an Approved Wildlife Trade Operation - Export of Dicksonia antarctica (Soft Tree-ferns)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment, particularly the nation's biodiversity, through the regulation of activities that have, or might have, a significant impact on the environment. This legislation was introduced to address the problem of environmental degradation and biodiversity loss, ensuring that significant actions are assessed for their potential environmental consequences. The Act is administered by the Parliament of the Commonwealth of Australia, with a policy objective to balance and integrate the protection of the environment with economic and social considerations. Under this Act, operations that involve the trade of wildlife can be subject to approval, ensuring they comply with relevant environmental standards and regulations. The declaration under this Act pertains to an operation conducted by M & K Cole Ferns for the salvage-harvest of Dicksonia antarctica specimens. The declaration confirms that the operation qualifies as a small-scale activity under the specified regulations and is approved, subject to conditions such as adherence to the submitted proposal, permit requirements, and reporting obligations. These conditions aim to regulate the operation in a manner that minimises environmental impact while allowing for the sustainable use of resources. The declaration is valid for three years and can be reviewed or appealed through the Administrative Appeals Tribunal, ensuring that the operation remains compliant with environmental standards.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 governs environmental protection and biodiversity conservation in Australia, and includes provisions for the regulation of wildlife trade operations. In this context, the Act applies to entities such as M & K Cole Ferns, which have been declared as an approved wildlife trade operation. This declaration is specific to the small-scale salvage-harvesting of Dicksonia antarctica, also known as Soft Tree-ferns, and is subject to certain conditions. The geographic scope of this Act is national, with the declaration being issued by a Delegate of the Minister for the Environment, and it extends to requiring compliance with both state and Commonwealth laws. The operation is limited by several conditions, including adherence to the proposal submitted, acquisition of necessary permits, and restrictions on the number of specimens harvested and exported. Additionally, annual reporting requirements are stipulated, and the declaration is valid for a period of three years. Any appeals against decisions made under this Act can be made to the Administrative Appeals Tribunal, and access to relevant documents can be sought under the Freedom of Information Act 1982.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) designates certain operations as approved wildlife trade operations through specific declarations (s303FN). In this instance, the Assistant Secretary, Wildlife Trade and Biosecurity Branch, has declared M & K Cole Ferns an approved wildlife trade operation (s303FN(2)), subject to various conditions. The operation must be conducted in accordance with the proposal submitted on 30 March 2015 (s303FT). The salvage-harvesting of Dicksonia antarctica (Soft Tree-ferns) is restricted to the specific species as outlined, and all activities must comply with the necessary permits and approvals under state and Commonwealth laws (s303FT). Additionally, the operation is subject to a cap on the number of tree-ferns that can be harvested annually, not exceeding 35,000 individuals, as specified in the permits issued by the Victorian Department of Primary Industries and Environment (s303FT). M & K Cole Ferns are required to submit annual reports by 31 January to the Australian Government Department of the Environment, detailing the total number of tree-ferns harvested and exported (s303FT). This declaration is valid for three years from the date of gazettal. The EPBC Act imposes several obligations on M & K Cole Ferns to ensure compliance with the conditions of the declaration. Firstly, all operations must strictly adhere to the proposal submitted and approved. Secondly, the salvage-harvesting activities must be conducted in accordance with the relevant permits and approvals from both state and federal authorities. Thirdly, M & K Cole Ferns must ensure that the annual harvest does not exceed the specified limit and must provide copies of the state permits to the Australian Government Department of the Environment within 14 days of receipt (s303FT). Additionally, the company is obligated to submit annual reports by 31 January, detailing the number of tree-ferns harvested and exported, to maintain transparency and accountability (s303FT). These obligations are designed to protect the species and ensure sustainable practices. The EPBC Act also outlines potential consequences for breaches of the conditions set forth in the declaration. Any failure to comply with the terms and conditions of the approval may result in civil or criminal penalties. Under the EPBC Act, breaches can lead to fines and, in more severe cases, imprisonment. Specifically, the maximum penalty for contravening the conditions can include substantial fines, which may be determined by the seriousness of the breach and the impact on the environment. For example, the penalties for contravening wildlife trade regulations can be severe, reflecting the importance of protecting endangered species and maintaining ecological balance. Therefore, adherence to the conditions is crucial to avoid legal repercussions and ensure the sustainability of the operation.