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

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.

2. 
   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.

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.
  

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

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.
  

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 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".

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

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).

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.

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.

(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

(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

(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