COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
Approved Wildlife Trade Operation (Victoria—Queen Ants) Declaration 2019
I, John Gibbs, Assistant Secretary, Wildlife Trade and Biosecurity, as Delegate of the Minister for the Environment and Energy under the Environment Protection and Biodiversity Conservation Act 1999, am satisfied that an operation to harvest and export Australian native queen ants by the Victoria – Queen Ants - WTO, is a small-scale operation as defined by regulation 9A.20(2) under subsection 303FN(10)(b). I declare under subsection 303FN(2) that the Victoria – Queen Ants - WTO 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 for the harvest of queen ants in Victoria on 15 April 2019.
- Harvest is restricted to taxa specified in the schedule supplied by Victoria – Queen Ants - WTO as part of their proposal. Additional taxa can be exported only on application and after approval from the Department of the Environment and Energy.
- Only specimens from taxa that have been named and described in a scientific publication can be exported.
- This declaration is valid for three years from the date of registration on the Federal Register of Legislation.
- Accurate records must be kept up-to-date and include all information necessary for the reporting outlined in condition 5.
- An annual report must be provided to the Department of the Environment and Energy as per Section 8 of the proposal.
Dated this 16th day of July 2019
John Gibbs
...............................................................
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 inquiries should be directed to the Director, Wildlife Trade Assessments Section, Department of the Environment and Energy by email wta@environment.gov.au or 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, enacted by the Australian Parliament, was introduced to address the need for the protection and conservation of Australia's native flora and fauna, their habitats, and the ecological processes that support them. This legislation provides a framework for the regulation of activities that may impact the environment, particularly those that may lead to the extinction of species or ecological communities. The Approved Wildlife Trade Operation (Victoria—Queen Ants) Declaration 2019 is an instrument under this Act, aiming to ensure that the harvesting and export of Australian native queen ants by the Victoria—Queen Ants—WTO are conducted in a manner that does not threaten the survival of the species. The policy objective of this declaration is to facilitate sustainable trade in native species while maintaining effective conservation measures.
Scope and Application
The Approved Wildlife Trade Operation (Victoria—Queen Ants) Declaration 2019 under the Environment Protection and Biodiversity Conservation Act 1999 applies specifically to an operation in Victoria that involves the harvesting and exporting of Australian native queen ants. This operation has been declared as an approved wildlife trade operation by the Delegate of the Minister for the Environment and Energy, following a determination that it meets the criteria for a small-scale operation as defined under the regulations. The declaration imposes certain conditions on the operation, such as adherence to the specified taxa for harvest, requiring that only those taxa named and described in scientific publications can be exported, and mandates the keeping of accurate and updated records. This declaration is valid for a period of three years from the date of its registration on the Federal Register of Legislation, after which it may be subject to review or renewal. The geographic reach of this Act is confined to the Commonwealth, and its application extends to any person or entity involved in the specified wildlife trade operation in Victoria.
Key Provisions
The approved wildlife trade operation (Victoria—Queen Ants) declaration under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) outlines the conditions under which the Victoria – Queen Ants - WTO can harvest and export Australian native queen ants. According to Section 303FN, the operation is permitted as a small-scale operation, as defined by regulation 9A.20(2) under subsection 303FN(10)(b). The declaration specifies that the operation must adhere to the proposal for the harvest of queen ants in Victoria dated 15 April 2019, and only the taxa listed in the schedule supplied by Victoria – Queen Ants - WTO can be harvested and exported (S303FT). Any additional taxa can only be exported upon application and subsequent approval from the Department of the Environment and Energy. Moreover, only specimens from taxa that have been named and described in a scientific publication can be exported.
The declaration imposes several obligations on the Victoria – Queen Ants - WTO. Firstly, they must keep accurate records that are up-to-date and include all necessary information for reporting as outlined in condition 5. These records should include details required to comply with the annual reporting requirement to the Department of the Environment and Energy, as per Section 8 of the proposal. The operation must also comply with the conditions specified in the declaration, which includes restricting the harvest to the taxa specified and ensuring that all exported specimens are from taxa named and described in scientific publications.
Failure to comply with the conditions of the declaration may result in various consequences. While the specific offences, penalties, or consequences are not detailed in the declaration, breaches of the EPBC Act can lead to civil or criminal penalties. Under the EPBC Act, offences can attract penalties of up to $222,200 for individuals and up to $1,111,000 for corporations, depending on the severity of the offence. Additionally, the declaration notes that an application for independent review of the decision may be made to the Administrative Appeals Tribunal (AAT). This application must be made within 28 days of receipt of the reasons for the decision or within 28 days of the declaration if reasons for the decision are not sought. The AAT can provide further clarification on the potential consequences and review process for those affected by the declaration.