COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
Approved Wildlife Trade Operation (Queen Ant Harvesting) Declaration 2020
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 Harvesting 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 the Queen Ant Harvesting 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 12 December 2019.
- Harvest is restricted to the native ant taxa specified in the schedule supplied by the Queen Ant Harvesting Wildlife Trade Operation as part of the proposal. Additional taxa can be exported only after approval from the Department of Agriculture, Water and the Environment.
- 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 Agriculture, Water and the Environment.
- An annual report that includes harvest details for each taxon must be provided to the Department of Agriculture, Water and the Environment, as per section 8 of the proposal by 30 June each year.
Dated this ....6.... day of .....March.....2020
[Signed]
...........................Louise Vickery.........................
Delegate of the Minister for the Environment
A person whose interests are affected by this declaration may, within 28 days, make an application in writing to the Department of Agriculture, Water and the Environment 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 Agriculture, Water and the Environment, Email: wta@awe.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 was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance, and to establish a framework for the sustainable use of Australia's biodiversity. This Act addresses the need for comprehensive environmental protection and biodiversity conservation measures by regulating activities that may impact on the environment and biodiversity, including the trade of wildlife. The Act was enacted by the Parliament of Australia, with the policy objective of protecting and conserving Australia's unique biodiversity and ecosystems. The approved wildlife trade operation declaration, such as the Queen Ant Harvesting Wildlife Trade Operation Declaration 2020, is an example of the Act's application in regulating specific wildlife trade activities to ensure they are sustainable and do not harm the environment or biodiversity.
Scope and Application
The Approved Wildlife Trade Operation (Queen Ant Harvesting) Declaration 2020 applies to the specific small-scale operation of harvesting Queen ants as outlined in the proposal submitted and approved under the Environment Protection and Biodiversity Conservation Act 1999. This declaration is intended to regulate the collection and export of native ant taxa, with a focus on ensuring the operation adheres to the conditions set forth to protect biodiversity and comply with environmental standards. The declaration is geographically applicable within the Commonwealth of Australia and is subject to federal jurisdiction as per the Act.
The declaration stipulates that the operation must strictly follow the conditions outlined in the approved proposal, including maintaining accurate records and submitting an annual report to the Department of Agriculture, Water and the Environment. The operation is limited to the specific taxa mentioned in the proposal, with any additional taxa requiring separate approval. The declaration is in effect for three years from the date of registration on the Federal Register of Legislation. Interested parties have the right to apply for reasons behind the decision or seek an independent review through the Administrative Appeals Tribunal within 28 days of the declaration or receipt of reasons, as applicable.
Key Provisions
The approved Wildlife Trade Operation (Queen Ant Harvesting) Declaration 2020 (sections 1-4) confirms that the harvesting of specified native ant taxa is an approved operation under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This operation is authorised for a period of three years from the date of registration on the Federal Register of Legislation (section 2). The operation must be conducted strictly in accordance with the proposal submitted on 12 December 2019 (section 2). Harvesting is limited to the native ant taxa specified in the schedule provided as part of the proposal, with any additional taxa requiring approval from the Department of Agriculture, Water and the Environment before export (section 3).
This declaration imposes several obligations on the parties involved. The operator must maintain accurate and up-to-date records that include all necessary information for the reporting requirements outlined in Condition 5 (section 3). These records must be made available to the Department of Agriculture, Water and the Environment if requested. Furthermore, an annual report detailing harvest information for each taxon must be submitted to the Department by 30 June each year (section 4).
Breaches of the conditions set forth in this declaration can lead to various consequences. Under the EPBC Act, failure to comply with the conditions of the approved operation can result in enforcement actions. The Act provides for both civil and criminal penalties for non-compliance. Civil penalties can include fines up to a maximum of $66,000 for individuals and $330,000 for corporations for each offence (section 545). Criminal penalties can include fines up to $275,000 for individuals and $1.375 million for corporations, as well as imprisonment for up to five years (section 546). Additionally, any person whose interests are affected by this declaration has the right to request reasons for the decision from the Department of Agriculture, Water and the Environment within 28 days (section 6). Those dissatisfied with the decision can also apply for an independent review by the Administrative Appeals Tribunal within the same timeframe, subject to the payment of a relevant fee.