Declaration of an Approved Small-Scale Wildlife Trade Operation – Antastic 2024-2027

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. This includes protection of native wildlife and their habitats, and the regulation of activities that may impact them. The Act was introduced to address the need for a comprehensive framework to manage and conserve Australia's biodiversity and to provide mechanisms for the protection of threatened species and their habitats. Enacted by the Australian Parliament, the policy objective of the EPBC Act is to ensure that biodiversity and heritage values are effectively protected and managed, while supporting sustainable development. This is achieved through a combination of regulation, assessment, and approval processes for activities that may impact the environment. The declaration of an approved small-scale wildlife trade operation for Antastic, as outlined in the notifiable instrument F2024N00229, falls under this legislative framework, aiming to balance the commercial trade of native species with the need for conservation.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 governs various aspects of environmental protection and biodiversity conservation in Australia, including the regulation of wildlife trade. This legislation applies to entities and individuals engaged in the commercial export of native Australian wildlife, such as Antastic in this instance, which has been declared an approved small-scale Wildlife Trade Operation for the export of native queen ants. This declaration applies specifically to the operation of Antastic and is subject to stringent conditions, including adherence to the submitted Wildlife Trade Operation plan, restrictions on the annual harvest of specific ant genera, and prohibitions against damaging existing ant nests or colonies. The declaration is valid for three years from its registration and requires Antastic to submit bi-annual reports detailing the number of specimens harvested and the outcomes of population monitoring activities. The operation must occur within specified private properties and non-protected public areas in Queensland, and any deviations from the approved plan require additional approval from the Department. The declaration is subject to review and appeal processes, allowing interested parties to challenge the decision within specific timeframes.

Key Provisions

The declaration by Belinda Jago, the Branch Head of the Ocean and Wildlife Branch, confirms that Antastic's operation to export native Australian queen ants is an approved small-scale wildlife trade operation as defined under regulation 9A.20(2) of the Environment Protection and Biodiversity Conservation Act 1999 (the Act). Under subsection 303FN(2) of the Act, this declaration identifies Antastic as an approved operation, subject to specific conditions outlined in section 303FT. These conditions include adherence to the Wildlife Trade Operation (Small-scale) for Antastic 2024-2027 proposal submitted on 2 February 2024, annual harvest quotas for various ant genera, and restrictions on the areas from which ants may be harvested. The operation is further regulated by a requirement to avoid excavation or damage to ant nests or colonies. The obligations imposed on Antastic under this declaration are multifaceted. Primarily, they must ensure that their harvesting activities comply with the outlined quota limits and geographical restrictions. They must also submit semi-annual reports to the Department of Climate Change, Energy, the Environment and Water, detailing the number of specimens harvested, the dates and locations of harvesting, and the outcomes of queen ant population monitoring. This monitoring must include a yearly comparison of survey numbers, methodologies, timing, and outcomes. These reporting requirements are essential for maintaining transparency and ensuring compliance with the terms of the approval. Breaching the conditions of this declaration can lead to significant consequences. While the Act does not explicitly detail the penalties for non-compliance, general provisions under the Environment Protection and Biodiversity Conservation Act 1999 allow for substantial fines and imprisonment. For example, under section 506, a person found guilty of contravening the Act may be subject to a penalty of up to $66,600 for a corporation and up to $13,320 for an individual, or both imprisonment for up to five years and a fine. Additionally, failure to submit required reports or providing false information can further exacerbate these penalties, leading to enforcement actions by the relevant authorities.