Declaration of an Approved Wildlife Trade Operation - Mr Fern Nurseries Pty Ltd

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was enacted to address the need for comprehensive protection of Australia's biodiversity and the management of its protected matters, including wildlife trade. This Act is a significant piece of legislation administered by the Commonwealth of Australia, through its Parliament, with a policy objective to conserve and protect Australia's biodiversity and manage its protected matters in a sustainable way. The notifiable instrument referenced here pertains to the declaration of an approved wildlife trade operation for specific species, providing a framework under which certain operations can be conducted while ensuring compliance with environmental protection standards.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, under which this declaration has been made, applies to entities and individuals involved in the trade of wildlife and their products, particularly those engaged in the harvesting and exporting of protected species. This declaration specifically pertains to Mr Fern Nurseries Pty Ltd and its operation to harvest and export Dicksonia antarctica and Cyathea australis from the Otway district in Colac Otway Shire, south-west Victoria. The Act operates at a national level, as it is a Commonwealth Act, but its application here is confined to a specific geographic area within Victoria. The declaration comes with conditions that must be adhered to, including compliance with the proposal submitted, restricted harvest areas, the maintenance of accurate records, and the submission of annual reports to the Department of the Environment and Energy. The declaration is valid for three years and can be reviewed or challenged by those affected, as outlined in the Act.

Key Provisions

The operative sections of this legislation include the declaration under subsection 303FN(2) of the Environment Protection and Biodiversity Conservation Act 1999, which identifies Mr Fern Nurseries Pty Ltd as an Approved Wildlife Trade Operation for the harvest and export of Dicksonia antarctica and Cyathea australis from the Otway district in Colac Otway Shire in south-west Victoria. This declaration is subject to several conditions outlined in section 303FT. Firstly, the operation must comply with the proposal submitted on 19 July 2016. Secondly, the harvesting is restricted to the specified tree-fern species from the designated area. Thirdly, the export of additional species or families requires prior approval from the Department of the Environment and Energy. Fourthly, accurate records must be maintained and made available upon request. Fifthly, an annual report must be submitted to the Department of the Environment and Energy, detailing the number of tree-ferns harvested and exported. Finally, the declaration is valid for three years from the date of registration on the Federal Register of Legislation. The obligations and requirements imposed by this legislation on Mr Fern Nurseries Pty Ltd include strict adherence to the conditions outlined in the declaration. This includes maintaining accurate records of all harvested and exported tree-ferns, providing an annual report to the Department of the Environment and Energy, and seeking prior approval for the export of additional species or families. Additionally, Mr Fern Nurseries Pty Ltd must comply with the proposal submitted on 19 July 2016 and ensure that harvesting is restricted to the specified tree-fern species from the Otway district in Colac Otway Shire in south-west Victoria. Breach of any of the conditions outlined in the declaration may result in civil or criminal consequences. While the specific penalties are not detailed in the text, it is reasonable to assume that breaches of the Environment Protection and Biodiversity Conservation Act 1999 could lead to fines, imprisonment, or both, depending on the severity of the breach. Additionally, affected parties may apply for an independent review of the decision by the Administrative Appeals Tribunal 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. Failure to comply with the conditions of the declaration may also result in the revocation of the Approved Wildlife Trade Operation status, potentially leading to further legal consequences.