Management of Commercial Harvesting of Protected Flora in Western Australia 1 July 2013 – 30 June 2018



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CONDITIONS





  1. The licensee shall, on a form approved by the Director General, furnish to the Director General, Department of Environment and Conservation, a return of all protected flora taken under this license for each calendar month. Flora returns shall be forwarded so as to be received no later than the 15th day of the month following the period for which the return form is applicable.




  1. This license must be carried by the licensee when transporting or selling protected flora, and, where the licensee is not the owner/occupier of the property, when taking protected flora from private property detailed under this license. This license must also be shown on demand to a Wildlife Officer or any other authorised DEC officer.




  1. This license does not authorise the sale of plant material from the following species unless specifically endorsed: Banksia hookeriana, Boronia megastigma, Corynanthera flava, Eucalyptus species taken for didgeridoos and wood products of Santalum spicatum (sandalwood).




  1. This license does not authorise the sale of major forest products (log timber) taken from private property for the purpose of milling.




  1. Further standard conditions are attached with form part of this license – do not detach.

Commercial Producer’s Licence

Further Conditions Relating To Commercial Producer’s Licence

(Condition numbers 8 to 13)



General

8 The Licensee shall comply with the provisions of the Wildlife Conservation Act 1950, Wildlife Conservation Regulations 1970, Sandalwood Act 1929 and the Forest Management Regulations 1993 and any orders or other notices in force under these statutes.


9 This licence does not authorise the taking of any flora declared as “rare flora” under Section 23F of the Wildlife Conservation Act 1950.
10 This licence does not authorise the taking of protected flora from Crown land.
11 The licensee is not permitted to sell protected flora where it is taken from naturally occurring plants in such a manner which destroys or jeopardises the survival of the plant, its habitat, or the associated vegetation, unless taken in accordance with approved management guidelines that provide for the conservation of the flora.
12 The Licensee is not permitted to sell whole plants of those species listed on the Export Flora List appended to the management program “Management of Commercial Harvesting of Protected Flora in Western Australia”, taken under authority of this licence, unless the plants have been artificially propagated, or where they are taken as a salvage operation approved by the Department of Environment and Conservation.
13 Voucher specimens sufficient for the identification of protected flora sold under the authority of this licence shall, upon request, be furnished by the Licensee to the Director General, Department of Environment and Conservation.


Additional Information To Commercial Producer’s Licence


For Your Information
(a) The Licensee should become acquainted and comply with Sections 23D, 23E and 23F of the Wildlife Conservation Act 1950.


          1. Classes of flora protected throughout the State include all Spermatophyta (flowering plants, conifers and cycads), Pteridophyta (ferns and fern allies), Bryophyta (mosses and liverworts) and Thallophyta (algae, fungi and lichens).

(c) Approval to export flora taken under this licence is required under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The EPBC Act is administered by the Department of Environment, Water, Heritage and the Arts, Canberra. Approval may only be granted if:



  • the flora is listed in the Export Flora List associated with the WA Flora Management Plan approved under the EPBC Act (except for test exports which must have specific approval);

  • the flora has been taken in accordance with the WA Flora Management Plan; and

  • it can be demonstrated that the flora has been taken in a manner that does not threaten the survival of the species or its habitat.

No species listed as threatened under the EPBC Act or listed on Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora may be exported under this licence. Such species require the approval of a separate artificial propagation program under the EPBC Act.


(d) Under the Commonwealth EPBC Act, a person must not take an action that has, will have or is likely to have a significant impact on any matter of National Environmental Significance without approval from the Commonwealth Environment Minister. Nationally listed threatened species and ecological communities are a matter of National Environmental Significance, and it should be noted that such species may not be the same as those listed as "Rare Flora" under the WA Wildlife Conservation Act 1950. Any significant impact on a matter of National Environmental Significance needs to be referred to the Department of Environment, Water, Heritage and the Arts, which administers the EPBC Act. The list of EPBC-listed threatened species and ecological communities, as well as guidelines on referring actions, can be obtained from the Department of Environment, Water, Heritage and the Arts at www.environment.gov.au.
(e) If renewal of this licence is required it is the responsibility of the Licensee to request such renewal one month prior to the expiry date shown on the licence, and to ensure that flora returns that are due have been submitted.

Appendix 9
Glossary

DEC-approved salvage operations

Salvage operations under which whole plants may be taken under this management plan are limited to situations where the original vegetation will be permanently destroyed under otherwise legally approved land clearing operations, including urban development, mining, or infrastructure development. Such salvage operations will be subject to DEC licensing and approval based on the following considerations and conditions:



  • plants will only be taken from areas that are specifically designated and approved by the relevant land management authority for vegetation clearing;

  • the clearing activity must be unrelated to the harvest operation; and,

  • DEC will assess salvage proposals, and individually endorse such areas on flora collecting licences.

Declared Rare Flora

Protected flora described as being “rare flora” under section 23F of the Wildlife Conservation Act 1950. Also reffered to as Threatened Flora.


Ecologically Sustainable Development

Taken from the National Strategy for the Conservation of Australia’s Biological Diversity (1996):



  • to enhance individual and community wellbeing and welfare by following a path of economic development that safeguards the welfare of future generations;

  • to provide for equity within and between generations; and

  • to protect biological diversity and maintain essential ecological processes and life-support systems.


Export Flora List

Is a list of species, allocated to several management categories, which have been approved for export by the Department of Environment and Conservation, and the Department of the Environment, Water, Heritage and the Arts.



Flora

Flora is defined in the Wildlife Conservation Act 1950 as "any plant, including any wildflower, palm, shrub, tree, fern, creeper or vine which is either native to Western Australia or declared to be flora under the Act and includes any part of flora and all seeds and spores thereof".


Priority Flora

Taxa of protected flora which are poorly known or are rare but not currently threatened by any identifiable factors.


Precautionary Principle

Where there are threats of serious or irreversible damage, the lack of scientific certainty shall not be used as a reason for postponing measures which seek to protect or restore or prevent loss of biodiversity (DEC Corporate Plan 2007-2009).



Protected flora

Under the Wildlife Conservation Act 1950 all classes of flora are protected in WA. Therefore protected flora includes all flowering plants, conifers and cycads (Spermatophyta), ferns and fern allies (Pteridophyta), mosses and liverworts (Bryophyta) and algae, fungi and lichens (Thallophyta). All parts of the plant including roots, branches, stems, leaves, flowers, seeds and spores come within the legal meaning of flora.



Appendix 10

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999
- SECT 303FO
Approved wildlife trade management plan


    1. The export of a specimen is an export in accordance with an approved wildlife trade management plan if the specimen is, or is derived from, a specimen that was taken in accordance with a plan declared by a declaration in force under subsection (2) to be an approved wildlife trade management plan.

(2) The Minister may, by instrument published in the Gazette, declare that a specified plan is an approved wildlife trade management plan for the purposes of this section.


(3) The Minister must not declare a plan under subsection (2) unless the Minister is satisfied that:
(a) the plan is consistent with the objects of this Part; and

(b) there has been an assessment of the environmental impact of the activities covered by the plan, including (but not limited to) an assessment of:

(i) the status of the species to which the plan relates in the wild; and

(ii) the extent of the habitat of the species to which the plan relates; and

(iii) the threats to the species to which the plan relates; and

(iv) the impacts of the activities covered by the plan on the habitat or relevant ecosystems; and


(c) the plan includes management controls directed towards ensuring that the impacts of the activities covered by the plan on:

(i) a taxon to which the plan relates; and

(ii) any taxa that may be affected by activities covered by the plan; and

(iii) any relevant ecosystem (for example, impacts on habitat or biodiversity);

are ecologically sustainable; and
(d) the activities covered by the plan will not be detrimental to:

(i) the survival of a taxon to which the plan relates; or

(ii) the conservation status of a taxon to which the plan relates; or

(iii) any relevant ecosystem (for example, detriment to habitat or biodiversity); and


(e) the plan includes measures:

(i) to mitigate and/or minimise the environmental impact of the activities covered by the plan; and

(ii) to monitor the environmental impact of the activities covered by the plan; and

(iii) to respond to changes in the environmental impact of the activities covered by the plan; and


(f) if the plan relates to the taking of live specimens that belong to a taxon specified in the regulations—the conditions that, under the regulations, are applicable to the welfare of the specimens are likely to be complied with; and
(g) such other conditions (if any) as are specified in the regulations have been, or are likely to be, satisfied.
(4) In deciding whether to declare a plan under subsection (2), the Minister must have regard to:
(a) whether legislation relating to the protection, conservation or management of the specimens to which the plan relates is in force in the State or Territory concerned; and
(b) whether the legislation applies throughout the State or Territory concerned; and
(c) whether, in the opinion of the Minister, the legislation is effective.
(5) A declaration under subsection (2) ceases to be in force at the beginning of the fifth anniversary of the day on which the declaration took effect. However, this rule does not apply if a period of less than 5 years is specified in the declaration in accordance with subsection 303FT(4).
(6) If a declaration ceases to be in force, this Act does not prevent the Minister from making a fresh declaration under subsection (2).
(7) A fresh declaration may be made during the 90-day period before the time when the current declaration ceases to be in force.
(8) A fresh declaration that is made during that 90-day period takes effect immediately after the end of that period.


1 Excluding any CITES I species or species listed as threatened under the Commonwealth EPBC Act. Under the EPBC Act, such species may only be exported commercially if sourced from a separate, EPBC Act-approved artificial propagation program. CITES is the Convention on International Trade in Endangered Species of Wild Fauna and Flora and a CITES I species is a species listed on Appendix I of CITES, the highest level of protection under CITES for species that are endangered by trade. Severe penalties apply for any breach of the EPBC Act.

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