COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
REVOCATION OF AN APPROVED WILDLIFE TRADE MANAGEMENT PLAN AND DECLARATION OF APPROVED WILDLIFE TRADE MANAGEMENT PLAN (NSW WHOLE PLANTS) 2017
I, Ilse Kiessling, Acting Assistant Secretary, Wildlife Trade and Biosecurity Branch, as delegate of the Minister for the Environment and Energy:
a) revoke, pursuant to section 303FT(10) of the Environment Protection and Biodiversity Conservation Act 1999 (the Act), the declaration made on 17 June 2013 that the Sustainable Management Plan for the commercial harvest, salvage and propagation of protected whole plants 2013-2017, is an approved wildlife trade management plan for the purposes of section 303FO of the EPBC Act;
b) declare under subsection 303FO(2) of the Act, that the plan Whole Plant Sustainable Management Plan 2018-2022 For the commercial harvest, salvage and propagation of protected whole plants (prepared by the New South Wales Office of Environment and Heritage) is an Approved Wildlife Trade Management Plan for the purposes of section 303FO of the Act.
This declaration has effect subject to the following conditions applied under section 303FT of the Act:
- Harvesting of whole plants in New South Wales is to be done in accordance with the Whole Plant Sustainable Management Plan 2018-2022 for the commercial harvest, salvage and propagation of protected whole plants.
- The approval excludes wild harvested specimens of species listed as threatened under the Act.
- Monitoring and harvest data is to be kept by the Office of Environment and Heritage and supplied to the Department of Environment and Energy on request. Data requested may include details of:
- The number of licences and tags issued.
- Harvest data: species harvested, quantity, source of plant (picked and grown).
- Enforcement activities, including statistics showing the number and type of offences detected, and action taken.
4. This declaration is valid from 1 January 2018 until 31 December 2022.
Dated this 18 day of December 2017
Delegate of the Minister for the Environment and Energy
A person whose interests are affected by this declaration may, within 28 days, make an application in writing to the Department of the Environment and Energy, for the reasons for the decision. An application for independent review of the decision (under section 303GJ(1) of the Environment Protection and Biodiversity Conservation Act 1999) may be made to the Administrative Appeals Tribunal (AAT), on payment of the relevant fee (currently $884 or reduced fee where applicable due to financial hardship) by the applicant, 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. Applications should be made to the Deputy Registrar, AAT in your Capital City. Please visit the AAT’s website at http://www.aat.gov.au/ for further information. You may make an application under the Freedom of Information Act 1982 (Cth) to access documents relevant to this decision. For further information, please visit http://www.environment.gov.au/foi/index.html.
Further information may be obtained from:
Director, Wildlife Trade Assessments
Department of the Environment and Energy
GPO Box 787
CANBERRA ACT 2601
Telephone: (02) 6274 1900
Overview
The Environment Protection and Biodiversity Conservation Act 1999, enacted by the Commonwealth Parliament, addresses the problem of unsustainable commercial harvesting, salvage, and propagation of protected whole plants. The Act seeks to ensure that such activities are conducted in a manner that protects biodiversity and avoids threatening species. The revocation of the previous Sustainable Management Plan for the commercial harvest, salvage, and propagation of protected whole plants 2013-2017, and the subsequent declaration of the Whole Plant Sustainable Management Plan 2018-2022, are measures taken to improve management and sustainability standards in the industry. These plans require compliance with specified conditions, such as adherence to the new management plan, exclusion of threatened species from harvesting, and the obligation to maintain and provide harvest data to the Department of Environment and Energy.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the regulation and management of wildlife trade within the Commonwealth of Australia, with particular focus on the approval and oversight of wildlife trade management plans. The Act encompasses the declaration and revocation of wildlife trade management plans that govern the commercial harvest, salvage, and propagation of protected whole plants. In this instance, the Act applies specifically to the commercial activities concerning the harvesting of whole plants in New South Wales, subject to the conditions set out in the declared plan. Notably, the approval does not extend to wild harvested specimens of species listed as threatened under the Act. The declared plan mandates adherence to the Whole Plant Sustainable Management Plan 2018-2022, which includes stipulations for monitoring and data collection to be conducted by the Office of Environment and Heritage, and supplied to the Department of Environment and Energy upon request. This legislative action provides a framework for ensuring the sustainable management of protected plant species while safeguarding threatened species.
Key Provisions
The main sections of the legislation, F2017N00108, involve the revocation of an approved wildlife trade management plan and the declaration of a new plan under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (sections 303FT and 303FO). Specifically, the Act revokes the declaration of the Sustainable Management Plan for the commercial harvest, salvage and propagation of protected whole plants 2013-2017 (section 303FT(10)), and declares the Whole Plant Sustainable Management Plan 2018-2022 for the commercial harvest, salvage and propagation of protected whole plants as the new approved plan (subsection 303FO(2)). This new plan is subject to certain conditions outlined in section 303FT, including compliance with the sustainable management practices specified in the new plan, exclusion of wild harvested specimens of threatened species, and requirements for monitoring and data reporting by the Office of Environment and Heritage.
The obligations imposed on parties by this legislation include adherence to the new Whole Plant Sustainable Management Plan 2018-2022 for managing the commercial harvest, salvage, and propagation of protected whole plants in New South Wales. This plan stipulates that all harvesting activities must comply with the outlined sustainable practices and exclude species listed as threatened under the EPBC Act. Additionally, the Office of Environment and Heritage is mandated to maintain detailed records of harvest data and enforcement activities, which must be provided to the Department of Environment and Energy upon request. These records must include information on the number of licences and tags issued, species harvested, quantities, sources, and enforcement statistics.
Under the EPBC Act, breaches of the conditions set forth in the new wildlife trade management plan may result in civil and criminal penalties. While specific penalties are not detailed in the text, the Act generally provides for significant fines and potential imprisonment for breaches related to wildlife trade and biodiversity conservation. The maximum penalties can vary depending on the severity and nature of the offence, but they may include substantial financial penalties and imprisonment terms as outlined in the relevant sections of the EPBC Act. Parties affected by the declaration have the right to seek reasons for the decision and apply for an independent review through the Administrative Appeals Tribunal within the stipulated timeframes.