Revocation of an approved wildlife trade management plan and declaration of an approved wildlife trade management plan

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au C2014G01293 In force Gazette

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COMMONWEALTH OF AUSTRALIA

 

Environment Protection and Biodiversity Conservation Act 1999 (Cth)

REVOCATION OF AN APPROVED WILDLIFE TRADE MANAGEMENT PLAN
AND DECLARATION OF AN APPROVED WILDLIFE TRADE MANAGEMENT
PLAN

 

1. I, Paul Murphy, Assistant Secretary, Wildlife Trade and Biosecurity Branch, as
delegate of the Minister for the Environment:

(a)          revoke, pursuant to section 303FT(10) of the Environment Protection
and Biodiversity Conservation Act 1999 (Cth) (EPBC Act), the
declaration made on 27 April 2011 that the “Management Program for
Protected Plants in Queensland 2011‒2015” is an approved wildlife
trade management plan for the purposes of section 303FO of the
EPBC Act;

(b)          declare that the Management Plan for Protected Plants in Queensland
2014‒2019(Plan) is an approved wildlife trade management plan
for the purposes of section 303FO of the EPBC Act:

(i)             having considered the comments that were given in response to
an invitation under section 303FR(1) of the EPBC Act; and

(ii)           being satisfied as to the matters set out in section 303FO of the
EPBC Act.

 

2.  The Plan is only subject to the declaration in paragraph 1(b):

(a)          to the extent that the Plan relates to specimens from native plant
species harvested from the wild in Queensland, Australia, excluding
eligible listed threatened species under the EPBC Act (Protected
Plants)

(b)          if the commercial harvest of the species referred to in paragraph 2(b) is
carried out in accordance with the Plan; and

(c)           while the condition specified in the Schedule to this Instrument is
complied with.

 

Dated this ....5th.................... day of .............August............................ 2014

 

............................ Paul Murphy..............................

 

Paul Murphy

Assistant Secretary, Wildlife Trade and Biosecurity Branch

Delegate of the Minister for the Environment


SCHEDULE

Condition 1

An annual report must be submitted by the  Department of Environment and Heritage
Protection to the Department of the Environment by 31 October each year. The
annual report must address the following matters for the previous financial year:

  1. The number of protected plant harvesting licences issued under the Nature
    Conservation Act 1999 by the Department of Environment and Heritage
    Protection, and maximum quantity of individual species identified for harvest each
    year (including both plant parts and whole plants).
  2. The number of protected plant growing licences issued under the Nature
    Conservation Act 1992 by the Department of Environment and Heritage
    Protection and maximum quantity of individual species identified for harvest each
    year (including both plant parts and whole plants).
  3. Number of licences granted for the harvest of EPBC Act listed threatened species
    (including species and quantity approved for harvest). Justification provided
    where a decision has not been sought under the EPBC Act, or, where decision
    has been obtained under the EPBC Act, provision of the applicable EPBC
    approval number.
  4. The nature and extent of compliance with the Management Plan for Protected
    Plants in Queensland 2014-15 including:
  1. the number of protected plant harvesting and growing licences audited by
    Department of Environment and Heritage Protection
  2. the number and location of site inspections conducted by the Department
    of Environment and Heritage Protection, including field checks on wild
    populations in situ, nurseries, wholesalers, retailers, markets, harvesting
    operations;
  3. the number of reported breaches of harvesting and growing licences; and
  4. the number of enforcement actions undertaken for breaches of harvesting
    and growing Licences and their status and outcomes.

5.      Species and areas targeted for harvest remain viable:

  1. the number of sustainable harvest plans submitted to and analysed by the
    Department of Environment and Heritage Protection;
  2. the results of the analysis (including information about target species,
    harvest methodology and regime, timing and method of harvest, land
    management techniques);
  3. the emerging threats detected (increases in commercial demand or other
    emerging trends that may affect the viability of a species);
  4. any species reclassified under the Nature Conservation Act 1992 by the
    Threatened Species Committee; and
  5. any harvest periods declared by the Chief Executive of the Department of
    Environment and Heritage Protection (including allowable harvest
    quantities, restriction on species, time or regions).

6.      Any research and monitoring undertaken and reports produced on the nature and
status of protected plants and the impacts of harvesting activities, particularly
any provided by the Queensland Herbarium, harvest industry, scientific experts or
conservation groups. 

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) addresses the need for regulation and management of wildlife trade to ensure biodiversity conservation and sustainable use of natural resources. This Act, enacted by the Commonwealth Parliament, seeks to provide a comprehensive framework for protecting species and ecological communities through the management of wildlife trade. The revocation of the "Management Program for Protected Plants in Queensland 2011‒2015" and the declaration of the "Management Plan for Protected Plants in Queensland 2014‒2019" as an approved wildlife trade management plan aim to enhance the management of protected plants in Queensland. This change responds to feedback and ensures the plan aligns with the legislative requirements, thereby supporting the policy objective of maintaining viable populations of native plants and their habitats.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) applies to the management of wildlife trade, specifically targeting the commercial harvest of protected plant species in Queensland. The Act, administered by the Minister for the Environment, allows for the approval of wildlife trade management plans that ensure the sustainable use of native plant species. The revocation of the "Management Program for Protected Plants in Queensland 2011‒2015" and the declaration of the "Management Plan for Protected Plants in Queensland 2014‒2019" as an approved wildlife trade management plan under the Act is focused on specimens from native plant species harvested from the wild in Queensland, excluding eligible listed threatened species. The application of this Act is geographically confined to Queensland and is subject to the condition that the commercial harvest of these species complies with the newly approved management plan. The Act also mandates the submission of annual reports by the Department of Environment and Heritage Protection to the Department of the Environment, detailing the various aspects of the harvesting and growing licences, compliance with the management plan, and sustainability measures in place for the protected plant species.

Key Provisions

The main operative sections of the Gazette document (C2014G01293) pertain to the revocation of a wildlife trade management plan and the declaration of a new one, specifically for the management of protected plants in Queensland. Section 1(a) revokes the "Management Program for Protected Plants in Queensland 2011–2015" as an approved wildlife trade management plan, while Section 1(b) declares the "Management Plan for Protected Plants in Queensland 2014–2019" as an approved plan. This new declaration is made under Section 303FO of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) after considering public comments and being satisfied with the conditions set out in the Act. The obligations and requirements imposed by the Act on the parties involved are detailed in Section 2. The newly approved plan applies only to specimens of native plant species harvested from the wild in Queensland, excluding listed threatened species under the EPBC Act. Additionally, the commercial harvest of these species must be carried out in accordance with the declared plan. Moreover, the Department of Environment and Heritage Protection must comply with a specified condition outlined in the Schedule. This condition mandates the submission of an annual report to the Department of the Environment by 31 October each year. The report must detail various aspects of the plant harvesting and growing licences issued, compliance with the management plan, sustainability of targeted species and areas, and any research and monitoring activities undertaken. The Gazette also outlines the consequences for breaches of the provisions established by the Act. While the specific offences, penalties, or consequences for non-compliance are not detailed in the text, it is implied that failure to adhere to the approved management plan or to submit the required annual reports could lead to legal repercussions. Such repercussions may include fines or other enforcement actions as stipulated by the EPBC Act, although the exact penalties are not explicitly mentioned in the text. The overarching intent is to ensure that the management plan is followed to protect native plant species and maintain ecological balance.

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Environmental Law
Instrument
Gazette Notice
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Compliance Obligations
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.