COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN
APPROVED WILDLIFE TRADE OPERATION
I, Nathan Hanna, A/g Assistant Secretary, Wildlife Trade and Biosecurity, as Delegate of the Minister for the Environment under the Environment Protection and Biodiversity Conservation Act 1999, am satisfied that an operation to harvest flowers, foliage and ripe fruit from specified native species by Tasmanian Native Flora and Fillers, is a small-scale operation as defined by regulation 9A.20 under subsection 303FN(10). I declare under subsection 303FN(2) that Tasmanian Native Flora and Fillers 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 amended proposal agreed on 29 September 2014.
- Harvest from state forest sites is restricted to selected sites within the Bass District only, as specified by Forestry Tasmania. Harvest from other state forest areas must be approved by the Forest Manager for that area. Harvest from private land tenures must be undertaken with property owner’s consent.
- All activities covered by this approval must be carried out in accordance with the necessary permits and approvals as required under State and Commonwealth law.
- The maximum number of species which may be harvested from the wild is limited to the number specified by Forestry Tasmania. Annual harvests from the wild must not exceed 30,000 units for each species, except Xanthorrheoa australis which must not exceed 70,000 units, and ripe fruit from Tasmannia lanceolata must not exceed 3,000 kilograms. Copies of state permits must be provided to the Department of the Environment within 14 days of receipt.
- Tasmanian Native Flora and Fillers must submit annual reports by 31 January to the Department of the Environment. The annual reports should include the total number of specimens harvested, harvest location, and the number exported overseas. The operation must also meet all state reporting requirements.
- This declaration is valid for three years from the date of gazettal.
Dated this 9th day of January 2015
Nathan Hanna
Delegate of the Minister for the Environment
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 the Environment, 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:
The Director, Wildlife Trade Assessments
Department of the Environment
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 to provide for the protection of the environment, particularly in relation to matters of national environmental significance, and to facilitate ecologically sustainable development through the conservation and ecologically sustainable use of natural resources. This Act addresses the problem of biodiversity loss and ecosystem degradation, aiming to integrate environmental considerations into decision-making processes. The Act was enacted by the Parliament of Australia and its policy objective is to protect and manage the environment by conserving biodiversity and providing for the ecologically sustainable use of natural resources. The declaration of an approved wildlife trade operation under this Act ensures that specific operations, such as the harvesting of native flora by Tasmanian Native Flora and Fillers, are conducted in a manner that minimises environmental impact and complies with relevant legal requirements.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to Tasmanian Native Flora and Fillers as an Approved Wildlife Trade Operation, allowing it to undertake small-scale harvesting of flowers, foliage, and ripe fruit from specified native species in Tasmania. The operation is subject to strict conditions including limitations on the number of species that can be harvested, the total units harvested annually, and the necessity to obtain state permits and approvals. The operation must adhere to state and Commonwealth laws, and provide annual reports detailing the harvest to the Department of the Environment. The declaration is valid for three years from the date of gazettal, and affected parties have the right to apply for reasons for the decision and seek an independent review within 28 days. This declaration underscores the legislative framework for sustainable wildlife trade, ensuring that operations comply with both environmental and legal standards.
Key Provisions
The main operative sections of this declaration under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) pertain to the approval of a wildlife trade operation by Tasmanian Native Flora and Fillers. Specifically, section 303FN(10) defines the operation as small-scale, while section 303FN(2) declares the company as an Approved Wildlife Trade Operation. The operation is subject to certain conditions, including adherence to the amended proposal agreed upon on 29 September 2014, and restrictions on harvesting sites and quantities as outlined in the declaration.
The obligations imposed on Tasmanian Native Flora and Fillers include obtaining the necessary permits and approvals under both State and Commonwealth law, adhering to the specified harvest limits, and submitting annual reports to the Department of the Environment by 31 January each year. These reports must detail the total number of specimens harvested, the locations of the harvest, and the number of specimens exported overseas. Additionally, the operation must comply with all state reporting requirements. The declaration specifies that the operation is valid for three years from the date of gazettal, which is 9 January 2015.
The declaration outlines several requirements for the operation, including that the harvesting from state forest sites be limited to selected sites within the Bass District and must be approved by Forestry Tasmania. Harvesting from other state forest areas must be approved by the relevant Forest Manager, and harvesting from private land must be done with the property owner's consent. Furthermore, the operation must comply with all state and federal laws and regulations governing wildlife trade and biodiversity conservation.
Breaches of the conditions specified in the declaration can result in significant consequences. While the specific penalties for non-compliance are not detailed in the text, the EPBC Act generally provides for both civil and criminal penalties for violations. Civil penalties can include fines and, in some cases, compensation for any harm caused to the environment. Criminal penalties may include imprisonment, depending on the severity and frequency of the offence. Parties affected by the declaration have the right to seek a review of the decision within 28 days through the Administrative Appeals Tribunal under the Administrative Appeals Tribunal Act 1975.