COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN
APPROVED WILDLIFE TRADE OPERATION
I, Matthew White, A/g Assistant Secretary Wildlife Branch, as Delegate of the Minister for Environment, Heritage and Water, under the Environment Protection and Biodiversity Conservation Act 1999, am satisfied that an operation conducted by Mr Fern Nurseries Pty Ltd to harvest tree ferns, is a small-scale operation as defined by regulation 9A.20 under subsection 303FN(10). I declare under subsection 303FN(2) that Mr Fern Nurseries Pty Ltd 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
3 October 2012.
2. Harvest is restricted to tree-ferns (Dicksonia antarctica and Cyathea australis) from the Otway district in Colac Otway Shire in south-west Victoria.
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 and Cyathea australis tree-ferns which may be harvested from the wild is limited to the number specified on the permits issued by the Victorian Department of Environment and Primary Industries. Copies of state permits must be provided to the Department of Sustainability, Environment, Water, Population and Communities within 14 days of receipt.
5. Mr Fern Nurseries Pty Ltd must submit annual reports by 31 January to the Department of Sustainability, Environment, Water, Population and Communities. The annual reports should include the total number of tree-ferns harvested from the wild, the number harvested from the plantation, and the number exported.
6. This declaration is valid for three years from the date of gazettal, or until approval of a statewide management plan that includes the wild harvest of tree-ferns, whichever is the earlier.
Dated this 5thday of July 2013
Matthew White
Delegate of the Minister for Environment, Heritage and Water
Subject to the Administrative Appeals Tribunal Act 1975, a person or persons whose interests are affected by this declaration may, within 28 days, make an application in writing to the Department of Sustainability, Environment, Water, Population and Communities, for the reasons for the decision. An application for independent review of the decision may be made to the Administrative Appeals Tribunal, on payment of the relevant fee, by or on behalf of the person or persons whose interests are affected, 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. Further information may be obtained from:
Director, Wildlife Trade Assessments
Department of Sustainability, Environment, Water, Population and Communities
GPO Box 787
CANBERRA ACT 2601
Telephone: (02) 6274 2880 Facsimile: (02) 6274 1921
Overview
The Environment Protection and Biodiversity Conservation Act 1999 was enacted by the Parliament of Australia to provide for the protection of the environment, particularly in relation to biodiversity conservation and the management of activities that may have a significant impact on the environment. This Act aims to fill the gap in environmental protection by providing a framework for the assessment and approval of activities that may impact the environment, including wildlife trade. The Act facilitates the declaration of Approved Wildlife Trade Operations to ensure that such operations comply with relevant environmental standards and contribute to biodiversity conservation. This specific declaration by Matthew White, as Delegate of the Minister for Environment, Heritage and Water, recognises Mr Fern Nurseries Pty Ltd as an Approved Wildlife Trade Operation for its small-scale harvest of tree ferns, subject to conditions that include adherence to state and federal permits, and annual reporting requirements. This regulatory measure is designed to balance economic activities with the preservation of biodiversity and the environment.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999, through this declaration, recognises Mr Fern Nurseries Pty Ltd as an Approved Wildlife Trade Operation, confirming its compliance with relevant environmental protection and biodiversity conservation laws. This approval applies specifically to the small-scale harvesting of tree ferns, namely Dicksonia antarctica and Cyathea australis, within the Otway district in Colac Otway Shire, south-west Victoria. The operation is confined to the parameters set by the proposal submitted and must adhere to the conditions outlined in the declaration, including obtaining necessary permits and approvals from both state and Commonwealth authorities. Additionally, the harvesting is strictly regulated by the number of permits issued by the Victorian Department of Environment and Primary Industries, and annual reporting requirements are imposed on Mr Fern Nurseries Pty Ltd. The declaration is valid for a period of three years, or until superseded by a statewide management plan addressing the wild harvest of tree ferns.
Key Provisions
The declaration under the Environment Protection and Biodiversity Conservation Act 1999, issued by Matthew White, A/g Assistant Secretary Wildlife Branch, designates Mr Fern Nurseries Pty Ltd as an Approved Wildlife Trade Operation for the harvesting of tree ferns. This approval is subject to specific conditions laid out in section 303FT of the Act, which detail the parameters of the approved operation. The operation must adhere to the proposal submitted on 3 October 2012, with harvesting limited to Dicksonia antarctica and Cyathea australis tree ferns from the Otway district in Colac Otway Shire in south-west Victoria. Moreover, all activities must comply with both state and federal laws, including the acquisition of necessary permits and approvals.
The obligations imposed on Mr Fern Nurseries Pty Ltd by this declaration are multifaceted. Firstly, the company must ensure that all harvesting activities are conducted in strict accordance with the conditions outlined in the approval. This includes submitting annual reports by 31 January to the Department of Sustainability, Environment, Water, Population and Communities. These reports must detail the total number of tree ferns harvested from the wild, those harvested from the plantation, and the number exported. Additionally, copies of state permits must be provided to the Department within 14 days of receipt. The declaration is valid for a period of three years from the date of gazettal or until a statewide management plan is approved, whichever comes first.
For breaches of the conditions stipulated in the declaration, the Environment Protection and Biodiversity Conservation Act 1999 provides for various civil and criminal consequences. Violations of the permit conditions or failure to comply with the reporting obligations could result in the revocation of the approved wildlife trade operation status. Additionally, any unlawful activities related to the harvesting of tree ferns could lead to prosecution under both state and federal laws. The maximum penalties for such offences are not explicitly stated in the text but may include fines and imprisonment, depending on the severity and nature of the breach.