Declaration of an Approved Wildlife Trade Operation – Tasmanian Native Flora and Fillers – 2018

Overview

The Environment Protection and Biodiversity Conservation Act 1999, enacted by the Parliament of Australia, was introduced to address the problem of biodiversity loss and environmental degradation by providing a framework for the protection of the environment, particularly threatened species, ecological communities, and heritage places. The Act aims to integrate environmental considerations into decision-making processes and to ensure sustainable development. This notifiable instrument, declared under the authority of the Act, specifies that Tasmanian Native Flora and Fillers is recognised as an approved wildlife trade operation, subject to certain conditions to ensure sustainable harvesting practices. These conditions include restrictions on the number of species that can be harvested, limits on the quantity of each species that can be harvested annually, and requirements for obtaining necessary permits and approvals from both state and federal authorities. The declaration also mandates the submission of annual reports to the Department of the Environment and Energy and compliance with all relevant state reporting requirements. The policy objective of this declaration is to facilitate sustainable trade in native flora while protecting biodiversity and ensuring that the operation does not adversely affect the conservation status of the species involved.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, as applied in the declaration of an Approved Wildlife Trade Operation for Tasmanian Native Flora and Fillers, governs the operations related to the harvesting of native flora and scrub worms in Tasmania. This Act applies to the specific operation conducted by Tasmanian Native Flora and Fillers, which involves the collection of flowers, foliage, ripe fruit, and scrub worms from specified native species. The geographic scope of this Act is Commonwealth-wide, with the specific operation being limited to certain areas within the Bass District as designated by Forestry Tasmania. Additionally, the operation must comply with both state and Commonwealth laws, including obtaining necessary permits and approvals. There are specific restrictions on the number of species that can be harvested and the quantity limits for each species, with annual harvests capped at 30,000 units per species, except for specified exceptions. This declaration is subject to conditions such as adherence to the agreed proposal, provision of annual reports to the Department of the Environment and Energy, and compliance with state reporting requirements. The declaration is in effect for three years from the date of its registration and allows for potential review and appeal processes by interested parties within stipulated timeframes.

Key Provisions

The key provisions of the declaration pertain to the operation conducted by Tasmanian Native Flora and Fillers, which involves harvesting flowers, foliage, ripe fruit, and scrub worms from specified native species. This operation is recognised as a small-scale operation under section 303FN(2) of the Environment Protection and Biodiversity Conservation Act 1999, provided it adheres to the conditions outlined in the declaration. The operation is subject to strict geographical restrictions, with harvesting from state forest sites limited to selected sites within the Bass District only, as specified by Forestry Tasmania (subsection 303FT(1)(a)). Additionally, any harvesting from other state forest areas must be approved by the Forest Manager for that area, while harvesting from private land tenures must be conducted with the consent of the property owner (subsection 303FT(1)(b) and (c)). The declaration imposes several obligations on Tasmanian Native Flora and Fillers. Firstly, the operation must comply with the amended proposal agreed on 17 July 2018. It must also ensure that all activities are carried out in accordance with necessary permits and approvals as required under both state and Commonwealth law (subsection 303FT(2)). Furthermore, the operation is subject to specific limitations on the number of species that may be harvested from the wild, which is set by Forestry Tasmania. The annual harvest from the wild must not exceed 30,000 units for each species, with exceptions for Xanthorrheoa australis (70,000 units) and ripe fruit from Tasmannia lanceolata (3,000 kilograms) (subsection 303FT(3)). Copies of state permits must be provided to the Department of the Environment and Energy within 14 days of receipt (subsection 303FT(4)). Tasmanian Native Flora and Fillers is also required to submit annual reports by 31 January to the Department of the Environment and Energy, detailing the total number of specimens harvested, harvest locations, and the number exported overseas, while also complying with all state reporting requirements (subsection 303FT(5)). Breaches of the conditions outlined in this declaration may result in various civil and criminal consequences. Although the specific offences and penalties are not detailed in the declaration itself, under the Environment Protection and Biodiversity Conservation Act 1999, unauthorised activities related to wildlife trade can result in substantial penalties. For example, unauthorised dealings with protected wildlife can incur fines of up to $222,222 for individuals and up to $1,111,111 for corporations, along with potential imprisonment terms. The exact penalties depend on the nature and severity of the breach, as well as any relevant state laws that may also apply. Compliance with the declaration and its conditions is therefore crucial to avoid these significant consequences.