COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
Approved Wildlife Trade Operation (Fluyt—Harvest of Queen Ants) Declaration 2019
I, Louise Vickery, Assistant Secretary, Environment Approvals and Wildlife Trade Branch, as Delegate of the Minister for the Environment under the Environment Protection and Biodiversity Conservation Act 1999, am satisfied that the ‘Queen Ant Wildlife Trade Operation’ is a small-scale operation as defined by Regulation 9A.20 under subsection 303FN(10). I declare under subsection 303FN(2) that ‘Queen Ant Wildlife Trade Operation’ is an approved wildlife trade operation.
This declaration has effect subject to the following conditions applied under S303FT:
- The operation is undertaken in accordance with the proposal submitted on 14 August 2019.
- Harvest is restricted to the native ant taxa specified in the schedule supplied by the Queen Ant Wildlife Trade Operation as part of the proposal. Additional taxa can be exported only after approval from the Department of Environment and Energy.
- This declaration is valid for three years from the date of registration on the Federal Register of Legislation.
- Accurate up-to-date records must be maintained and include all information necessary for the reporting outlined in Condition 5. If requested, records will be made available to the Department of the Environment and Energy.
- An annual report that includes harvest details for each taxon must be provided to the Department of the Environment and Energy as per section 8 of the proposal by 30 June each year.
Dated this ....4th..... day of .........December......... 2019
.......................Louise Vickery...............................
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).
Note: The name of this instrument was amended on registration as the instrument as lodged did not have a unique name (see subsection 10(2), Legislation Rule 2016).
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was enacted by the Commonwealth Parliament to address the need for the protection of the environment and biodiversity, particularly in relation to activities that may have a significant impact. The Act provides a framework for the protection and management of matters of national environmental significance, including threatened species and ecological communities. The Approved Wildlife Trade Operation (Fluyt—Harvest of Queen Ants) Declaration 2019 is a notifiable instrument made under the authority of the Act by the Minister for the Environment, through the Delegate, Louise Vickery. The policy objective of the declaration is to ensure that the specified wildlife trade operation is conducted in a manner that minimises potential harm to the environment and biodiversity while allowing for sustainable use of native species. This declaration aims to balance the economic benefits of the trade with the need to protect and conserve Australia's unique flora and fauna.
Scope and Application
The Approved Wildlife Trade Operation (Fluyt—Harvest of Queen Ants) Declaration 2019 under the Environment Protection and Biodiversity Conservation Act 1999 applies to the "Queen Ant Wildlife Trade Operation," which is recognised as a small-scale operation according to the definition in Regulation 9A.20 under subsection 303FN(10). The declaration is subject to specific conditions, including adherence to the proposal submitted on 14 August 2019, restricted harvesting to the specified native ant taxa, and mandatory record-keeping and annual reporting to the Department of Environment and Energy. This declaration is valid for three years from the date of registration on the Federal Register of Legislation, after which the operation may require reassessment. Those whose interests are affected by this declaration have the right to seek reasons for the decision and can apply for an independent review through the Administrative Appeals Tribunal within the specified timeframe. Furthermore, the Freedom of Information Act 1982 allows for access to documents related to this decision.
Key Provisions
The main operative sections of the Approved Wildlife Trade Operation (Fluyt—Harvest of Queen Ants) Declaration 2019 (F2019N00103) declare the Queen Ant Wildlife Trade Operation as an approved operation under the Environment Protection and Biodiversity Conservation Act 1999 (section 1). This approval is contingent upon adherence to the specified conditions (section 2). These conditions include the operation being conducted as per the proposal submitted on 14 August 2019 (section 3). Additionally, the harvest is restricted to the native ant taxa outlined in the proposal’s schedule, with any additional taxa requiring prior approval from the Department of Environment and Energy (section 4). The declaration is valid for three years from its registration date (section 5). Throughout the operation, accurate and updated records must be maintained and made available to the Department upon request (section 6). Annual reports detailing harvest information for each taxon must be submitted to the Department by 30 June each year (section 7).
The obligations imposed by this Act on the parties involved include strict adherence to the conditions outlined in the declaration. The operator must ensure that the harvest of Queen ants is strictly limited to the taxa specified in the proposal’s schedule and must obtain prior approval for any additional taxa. Compliance with these conditions is essential, and failure to do so may result in the suspension or revocation of the approval. The operator must also maintain detailed records of all harvest activities, which must be accurate and up-to-date. These records must be made available to the Department of Environment and Energy upon request. Furthermore, the operator is required to submit an annual report by 30 June each year, detailing the harvest for each taxon.
Failure to comply with the provisions of this declaration may result in civil or criminal penalties, depending on the nature and severity of the breach. Under the Environment Protection and Biodiversity Conservation Act 1999, the operator may face fines and other civil penalties for non-compliance. The maximum penalty for contravening the Act can be up to $1.1 million for a corporation and $220,000 for an individual, along with potential imprisonment terms. Additionally, the Department of Environment and Energy may take enforcement action, which could include the suspension or revocation of the approval. The operator could also be subject to legal action by affected parties or the government, leading to further financial and reputational consequences.