Declaration of an Approved Wildlife Trade Operation – Tasmanian Native Flora & Fillers 2021

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. This legislation aims to address gaps in environmental protection by regulating activities that may have a significant impact on the environment, including the trade and harvesting of wildlife and native flora. The EPBC Act is administered by the Commonwealth Government and its objective is to ensure the protection and sustainable use of Australia's biodiversity and ecological systems. The Act empowers the Minister for the Environment to declare certain operations as approved small-scale operations, subject to specific conditions to mitigate any potential environmental harm. In the case of Tasmanian Native Flora & Fillers, the Minister has declared their operation to harvest scrub worms and foliage, flowering stems, and fruit from specified native species as an approved small-scale operation, subject to strict conditions and reporting requirements to ensure compliance with both state and Commonwealth environmental laws.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, as declared by Laura Timmins under section 303FN, applies to the operation of Tasmanian Native Flora & Fillers, specifically concerning the harvesting of scrub worms and foliage, flowering stems, and fruit from specified native species in Tasmania. The approval granted under this Act is limited to a small-scale operation and is subject to stringent conditions, including adherence to the proposal submitted on 19 January 2021, obtaining necessary permits and approvals under both state and Commonwealth law, and complying with state forest site restrictions and private land consents. The operation is also subject to specific limitations on the number of specimens harvested and must meet annual reporting requirements with the Department of Agriculture, Water and the Environment and state authorities. This declaration is valid for three years from the date of its registration on the Federal Register of Legislation, unless revoked or amended. Persons whose interests are affected by this declaration have the right to seek reasons for the decision and can apply for an independent review by the Administrative Appeals Tribunal within 28 days of receiving the reasons or of the declaration if reasons are not sought.

Key Provisions

The legislation declares that the operation to harvest scrub worms and foliage, flowering stems and fruit from specified native species by Tasmanian Native Flora & Fillers is approved as a small-scale operation under section 303FN of the Environment Protection and Biodiversity Conservation Act 1999 (sections 1(a) and (b)). This declaration is valid for three years from the day after its registration on the Federal Register of Legislation, unless amended or revoked, and it is subject to specific conditions outlined in section 303FT (section 2(a)). The operation must adhere to the proposal submitted on 19 January 2021, including restrictions on the harvest to specified state forest sites as designated by Forestry Tasmania, and require consent from private land owners for harvesting on private land (section 2(b)). All activities must comply with necessary permits and approvals under both state and Commonwealth law (section 2(c)). Additionally, the maximum number of floral specimens that can be harvested is limited by Forestry Tasmania, with annual harvests not exceeding 30,000 units for each species, except for Xanthorrhoea australis, which is capped at 70,000 units (section 2(d)). Valid state permits must be submitted to the Department of Agriculture, Water and the Environment within 14 days of receipt (section 2(e)). Tasmanian Native Flora & Fillers is required to submit annual reports by 31 January to the Department of Agriculture, Water and the Environment, detailing the total number of specimens harvested, the harvest location, and the number exported overseas, in addition to meeting all state reporting requirements (section 2(f)). The obligations imposed on Tasmanian Native Flora & Fillers include strict adherence to the terms and conditions outlined in the declaration, such as limiting the number of specimens harvested and ensuring all activities comply with the necessary state and Commonwealth permits and approvals (section 2(b) and (c)). The company must also ensure that all harvests from private land are undertaken with the consent of the property owners (section 2(b)). Further, Tasmanian Native Flora & Fillers is required to submit annual reports to the Department of Agriculture, Water and the Environment by 31 January each year, including details of the total number of specimens harvested, the location of the harvest, and the number of specimens exported overseas (section 2(f)). Compliance with state reporting requirements is also mandatory. Any breach of the conditions outlined in the declaration could result in significant consequences. While the specific penalties for breach are not detailed within the text, under the Environment Protection and Biodiversity Conservation Act 1999, breaches can lead to both civil and criminal penalties. Civil penalties for offences under this Act can include substantial fines, with the exact amount depending on the severity and nature of the breach. Criminal penalties may also apply, which can include imprisonment, reflecting the seriousness with which the legislation treats non-compliance with environmental protection measures. For precise details on penalties, reference to the full Act or legal counsel would be necessary.