Federal Register of Legislation - Australian Government

Primary content

This instrument declares M & K Cole Ferns of Victoria an approved wildlife trade operation involving the salvage harvest of Dicksonia antarctica (Soft Tree-ferns). Approval enables the export of Soft Tree-ferns harvested by M & K Cole Ferns.
Administered by: Environment and Energy
Registered 01 Jun 2018
Date ceased to have effect 01 Jun 2021
Ceased by Self Ceasing
Date of repeal 30 Oct 2018
Repealed by Approved Wildlife Trade Operation (M and K Cole Ferns) Declaration (No. 2) 2018


Environment Protection and Biodiversity Conservation Act 1999


Declaration of an Approved Wildlife Trade Operation – M and K Cole Ferns – 2018



I, Paul Murphy, Assistant Secretary, Wildlife Trade and Biosecurity Branch, as Delegate of the Minister for the Environment under the Environment Protection and Biodiversity Conservation Act 1999, am satisfied that an operation conducted by M & K Cole Ferns to salvage-harvest Soft tree-ferns (Dicksonia antarctica) specimens, is a small-scale operation as defined by regulation 9A.20(2) under subsection 303FN(10)(b).  I declare under subsection 303FN(2) that M & K Cole Ferns is an approved wildlife trade operation.


This declaration has effect subject to the following conditions applied under S303FT:


1.      The operation is to be undertaken in accordance with the proposal submitted on

28 March 2018.

2.      Harvest is restricted to Dicksonia antarctica (Soft Tree-ferns).

3.      All activities covered by this approval must be carried out in accordance with the necessary permits and approvals as required under State and Commonwealth laws.

4.      The maximum number of Dicksonia antarctica individual tree-ferns which may be harvested is limited to the number specified on the permits issued by the Victorian Department of Environment, Land, Water and Planning (i.e. must not exceed 35,000 individuals). Copies of state permits must be provided to the Department of the Environment within 14 days of receipt. 

5.      M & K Cole Ferns must submit annual reports that include the total number of tree-ferns harvested and the total number of tree-ferns exported by M & K Cole Ferns.

6.      This declaration is valid for three years from the date of registration of this declaration.


Dated this      1st   day of    June     2018





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 enquiries should be directed to the Director, Wildlife Trade Assessments Section, Department of the Environment and Energy, Email: wta@environment.gov.au, Telephone: (02) 6274 1900 (option 2).