Declaration of an Approved Wildlife Trade Operation – Southern Cross Botanicals – Kakadu Plum, 2021

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive protection of the Australian environment, particularly in relation to biodiversity conservation and the regulation of activities that may have a significant impact on the environment. The Act provides a framework for the protection of the environment from the adverse impacts of key activities, including the trade of wildlife. The Act is administered by the Commonwealth Parliament. In this context, the Act facilitates the declaration of approved wildlife trade operations, which allows for the regulation of certain activities that involve the trade of wildlife in a manner that minimises environmental harm. The policy objective underpinning the Act is to ensure that activities involving the trade of wildlife are managed in a way that is compatible with the conservation and sustainable use of biodiversity. The declaration issued under the EPBC Act, specifically for Southern Cross Botanicals' operation to commercially export Kakadu Plum, aims to regulate this small-scale wildlife trade in a manner that aligns with the conservation objectives of the Act. By declaring this operation as an approved small-scale wildlife trade operation, the Minister for the Environment ensures that the activity is conducted in compliance with specified conditions designed to protect the environment and native species. These conditions include adherence to permit requirements, limitations on the amount of fruit harvested, and the submission of annual reports to monitor the impact of the operation on the environment. This regulatory approach balances the need for economic activity with the imperative to protect Australia's unique biodiversity.

Scope and Application

The declaration under the Environment Protection and Biodiversity Conservation Act 1999, as evidenced in the notifiable instrument F2021N00057, pertains specifically to Southern Cross Botanicals and their operation to commercially export Kakadu Plum (Terminalia ferdinandiana). This approval is designated as a small-scale wildlife trade operation and is subject to certain conditions and timeframes, which include adherence to the proposal submitted by Ms Mandy Lisson on 20 January 2021. The operation must comply with all necessary permits and approvals under Northern Territory and Commonwealth law, and the harvest must obtain the consent of the property owner if conducted on private land. Additionally, the quantity of fruit harvested must align with the limits specified by the Parks and Wildlife Commission Northern Territory Permit to Take Protected Wildlife for Commercial Purposes. The declaration is effective for three years from the date of registration on the Federal Register of Legislation and is contingent upon continued compliance with the conditions outlined in the Schedule of the declaration.

Key Provisions

This legislation is a declaration under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) concerning an approved small-scale wildlife trade operation, specifically the commercial export of Kakadu Plum (Terminalia ferdinandiana) by Southern Cross Botanicals (section 303FN). This declaration, made by Laura Timmins, the Senior Director of the Wildlife Trade Office and delegate for the Minister for the Environment, specifies that the operation is approved under the conditions outlined in the Schedule (section 303FR(1)). The declaration is effective for three years from the date of registration on the Federal Register of Legislation, and it remains in effect as long as the conditions specified in the Schedule are met (section 303FN). The operation must adhere to several conditions, as stipulated in the Schedule. Firstly, it must follow the proposal submitted to the Department of Agriculture, Water and the Environment by Mandy Lisson of Southern Cross Botanicals on 20 January 2021, which includes details of the harvest and export of native wildlife (Condition 1). Secondly, all activities must comply with the necessary permits and approvals required under both Northern Territory and Commonwealth law, and any harvest from private land must have the consent of the property owner (Condition 2). Thirdly, the amount of fruit harvested from the wild is limited to the quantity specified by the Parks and Wildlife Commission Northern Territory Permit to Take Protected Wildlife for Commercial Purposes (Condition 3). Lastly, Southern Cross Botanicals must submit an annual report by 31 July each year to the Department of Agriculture, Water and the Environment, detailing the quantities of Kakadu Plum harvested and any other relevant information. A copy of the annually issued permit must also be provided to the department within 14 days of receipt, and the operation must meet all Territory reporting requirements (Condition 4). There are potential consequences for non-compliance with the conditions outlined in the Schedule. Any person whose interests are affected by this declaration has the right to apply to the Department of Agriculture, Water and the Environment for reasons for the decision within 28 days (section 303GJ(1)). Additionally, an application for an independent review of the decision can be made to the Administrative Appeals Tribunal (AAT) 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 applicant must pay the relevant fee for this review, currently $1,826, or a reduced fee where applicable due to financial hardship. Further, individuals may apply under the Freedom of Information Act 1982 (Cth) to access documents relevant to this decision. Any breaches of the conditions could result in legal action, penalties, or revocation of the approval under the EPBC Act.