Declaration of an Approved Wildlife Trade Operation - Southern Cross Botanicals

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance, and to establish a framework for the sustainable use of natural resources. This Act aims to address the problem of unsustainable or harmful wildlife trade practices by regulating and approving certain operations that involve wildlife trade. The enactment of this legislation was overseen by the Commonwealth Parliament, and its policy objective is to ensure that wildlife trade operations are conducted in a manner that is environmentally sustainable and socially responsible. This declaration, issued under the authority of the Act, identifies Southern Cross Botanicals Pty Ltd as an Approved Wildlife Trade Operation for the small-scale harvesting of ripe fruit from Billy goat plum, subject to specific conditions and requirements that ensure compliance with relevant laws and reporting obligations.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) applies to a wide range of entities and activities related to biodiversity conservation and environmental protection, including the regulation of wildlife trade. This legislation provides a framework for the protection of wildlife, their habitats, and biodiversity. In the context of the declaration regarding the approved wildlife trade operation of Southern Cross Botanicals Pty Ltd, the Act applies to the operation of harvesting ripe fruit from Billy goat plum by the company. The declaration is made under the authority of the Minister for the Environment, confirming that the operation is small-scale and meets the criteria set out in the regulations. The operation is subject to certain conditions, including adherence to the amended proposal, compliance with necessary permits and approvals under Northern Territory and Commonwealth law, and obtaining consent from property owners for harvesting on private land. Furthermore, the operation must comply with the limits specified by the Parks and Wildlife Commission Northern Territory Permit to Take Protected Wildlife and must submit an annual report detailing the quantities harvested. This declaration is applicable within the Commonwealth jurisdiction and is subject to review and appeal processes provided for under the Administrative Appeals Tribunal and the Freedom of Information Act 1982 (Cth).

Key Provisions

The main sections of this legislation declare that Southern Cross Botanicals Pty Ltd has been approved as an operation to harvest ripe fruit from Billy goat plum (Terminalia ferdinandiana) under the Environment Protection and Biodiversity Conservation Act 1999 (section 303FN). This approval is subject to certain conditions, including that the operation must comply with the amended proposal dated 18 February 2015, and all necessary permits and approvals under both Northern Territory and Commonwealth law must be obtained (section 303FT). Harvests from private land must have the consent of the property owner, and the amount of fruit harvested from the wild is limited by the permit issued by the Parks and Wildlife Commission Northern Territory (section 303FT). The operation is also required to meet all territory reporting requirements and submit an annual report to the Department of the Environment by 31 July each year, detailing the quantities of Billy goat plum harvested. Additionally, a copy of the annually issued Permit To Take Protected Wildlife must be provided to the Department of the Environment within 14 days of receipt (section 303FT). Southern Cross Botanicals Pty Ltd, as an Approved Wildlife Trade Operation, has several obligations under this legislation. They must ensure that all activities are carried out in accordance with the approved proposal and necessary permits and approvals. They must obtain the consent of property owners for harvests on private land and adhere to the quantity limits specified by the permit from the Parks and Wildlife Commission Northern Territory. Moreover, they must submit an annual report to the Department of the Environment by 31 July each year, including details of the quantities of Billy goat plum harvested. The operation must also comply with all territory reporting requirements and provide a copy of the Permit To Take Protected Wildlife to the Department within 14 days of receipt. Failure to comply with the conditions of this declaration can result in legal consequences. While the specific offences and penalties are not detailed in this declaration, breaches of environmental laws can typically lead to civil or criminal penalties. Civil penalties can include fines, and in severe cases, criminal penalties may include imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any relevant provisions under the Environment Protection and Biodiversity Conservation Act 1999 or other applicable laws.