COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
Declaration of an Approved Wildlife Trade Operation – M and K Cole Ferns – 2018
I, Paul Murphy, Assistant Secretary, Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment under the Environment Protection and Biodiversity Conservation Act 1999, am satisfied that an operation conducted by M & K Cole Ferns to salvage-harvest Soft tree-ferns (Dicksonia antarctica) specimens, is a small-scale operation as defined by regulation 9A.20(2) under subsection 303FN(10)(b). I declare under subsection 303FN(2) that M & K Cole Ferns is an approved wildlife trade operation.
This declaration has effect subject to the following conditions applied under S303FT:
- The operation is to be undertaken in accordance with the proposal submitted on
28 March 2018.
2. Harvest is restricted to Dicksonia antarctica (Soft Tree-ferns).
3. All activities covered by this approval must be carried out in accordance with the necessary permits and approvals as required under State and Commonwealth laws.
4. The maximum number of Dicksonia antarctica individual tree-ferns which may be harvested is limited to the number specified on the permits issued by the Victorian Department of Environment, Land, Water and Planning (i.e. must not exceed 35,000 individuals). Copies of state permits must be provided to the Department of the Environment within 14 days of receipt.
5. M & K Cole Ferns must submit annual reports that include the total number of tree-ferns harvested and the total number of tree-ferns exported by M & K Cole Ferns.
6. This declaration is valid for three years from the date of registration of this declaration.
Dated this 1st day of June 2018
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 (currently $884 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 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, Email: wta@environment.gov.au, Telephone: (02) 6274 1900 (option 2).
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. The Act was introduced to address the problem of biodiversity loss, environmental degradation, and the impact of human activities on the environment. The EPBC Act is administered by the Australian Government’s Department of the Environment and Energy, with a policy objective to ensure that the operations of M & K Cole Ferns, which involve the salvage-harvesting of Soft tree-ferns, comply with environmental protection standards. The declaration of M & K Cole Ferns as an approved wildlife trade operation, subject to specific conditions, aims to balance conservation efforts with the sustainable use of natural resources.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to M&K Cole Ferns as an approved wildlife trade operation for the salvage-harvest of Dicksonia antarctica, commonly known as Soft tree-ferns. This Act operates at the Commonwealth level, ensuring that the operation adheres to both state and federal regulations concerning wildlife trade and biodiversity conservation. The operation must comply with the specific conditions outlined in the declaration, including the restriction to harvesting only Dicksonia antarctica, adherence to both state and federal permits, and submission of annual reports detailing the number of tree-ferns harvested and exported. This declaration is subject to the stipulated conditions and is valid for three years from the date of registration. Affected persons may apply for reasons for the decision or seek independent review through the Administrative Appeals Tribunal within the specified timeframes.
Key Provisions
The key provisions of the declaration (F2018N00047) under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) declare that M & K Cole Ferns is approved to salvage-harvest Soft tree-ferns (Dicksonia antarctica) specimens on certain conditions. According to section 303FN, this operation is recognised as a small-scale activity, and the declaration is valid for three years (s303FT). The operation must follow the proposal submitted on 28 March 2018 (s303FT(1)), with harvesting limited to Dicksonia antarctica (s303FT(2)). All activities must comply with both state and federal permits and approvals (s303FT(3)). The maximum number of tree-ferns that can be harvested is set at 35,000 individuals, as per the permits issued by the Victorian Department of Environment, Land, Water and Planning (s303FT(4)). Additionally, M & K Cole Ferns must provide copies of these state permits to the Department of the Environment within 14 days of receipt (s303FT(4)). The operation also requires annual reporting on the number of tree-ferns harvested and exported (s303FT(5)).
The Act imposes several obligations and requirements on M & K Cole Ferns. They must ensure that all activities are carried out in compliance with the EPBC Act, the terms of the declaration, and the necessary state and federal permits and approvals. The company must strictly adhere to the harvesting limits and provide accurate annual reports detailing the number of tree-ferns harvested and exported. Additionally, they must supply copies of the state permits to the Department of the Environment within the stipulated timeframe.
The declaration outlines consequences for non-compliance with the specified conditions. Under the EPBC Act, breaches of the Act or the conditions of the declaration may lead to various civil or criminal penalties. For instance, unauthorised activities or exceeding the permitted number of harvested tree-ferns could result in fines or imprisonment. The exact penalties depend on the nature and severity of the breach, as stipulated by the relevant sections of the Act. It is important for M & K Cole Ferns to maintain strict adherence to the conditions to avoid any legal repercussions.