Declaration Of An Approved Small-Scale Wildlife Trade Operation Wildlife Trade Operation (Small-Scale) For Paul Hailes Trading As Antshopaus Pty Ltd – Wild Harvest Of Native Queen Ants From The Australian Capital Territory – 2025-2028

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au F2026N00008 In force Notifiable Instrument

Legislation content

COMMONWEALTH OF AUSTRALIA

Environment Protection and Biodiversity Conservation Act 1999

 

 

DECLARATION OF AN APPROVED SMALL-SCALE WILDLIFE TRADE OPERATION

WILDLIFE TRADE OPERATION (SMALL-SCALE) FOR PAUL HAILES TRADING AS ANTSHOPAUS PTY LTD – WILD HARVEST OF NATIVE QUEEN ANTS FROM THE AUSTRALIAN CAPITAL TERRITORY – 2025-2028

 

I, Sam Hush, Branch Head, Wildlife Trade and Regulatory Capability Branch, as Delegate of the Minister for the Environment and Water am satisfied that the operation conducted by Paul Hailes to harvest native queen ants for commercial export, is a small-scale Wildlife Trade Operation, as defined by regulation 9A.20(2) under subsection 303FN(10)(b).

 

I declare under subsection 303FN(2) that the Paul Hailes trading as ANTSHOPAUS PTY LTD – Wild harvest of native queen ants from the Australian Capital Territory – 2025-2028 is an approved small-scale Wildlife Trade Operation.

 

This declaration has effect subject to the following 6 conditions applied under section 303FT:

 

  1.       The operation is to be undertaken in accordance with the final proposal submitted to the Department on 9 November 2025.

2.  Annual harvest for export is restricted to the following native ant taxa. Harvest levels must not exceed the maximum quantities set out for each genus. Additional taxa can be exported only after approval from the Department of Climate Change, Energy, the Environment and Water.

Taxa

Annual Harvest Quota

Amblyopone spp.

  • A. australis

50

Aphaenogaster spp.

  • A. longiceps

300

Camponotus spp.

  • C. aeneopilosus
  • C. consobrinus
  • C. intrepidus
  • C. nigriceps
  • C. suffusus

1000

Iridomyrmex spp.

  • I. bicknelli
  • I. purpureus

1000

Myrmecia spp.*

 

  • M. brevinoda
  • M. forficata
  • M. fulviculis
  • M. gulosa
  • M. mandibularis
  • M. nigriceps
  • M. nigriscapa
  • M. nigrocincta
  • M. piliventris
  • M. pilosula
  • M. pyriformis
  • M. simillima
  • M. tarsata

1000

   * Subspecies Myrmecia sp.17 (bull ant) is excluded from this approval.

3. For the purposes of this approval, harvest of the specified taxa is only permitted to be undertaken within the Australian Capital Territory (ACT). Specimens sourced outside of the ACT are not considered part of this approval and cannot be commercially exported.

4. Wild harvest must not involve any excavation or damage to existing ant nests of colonies.

5. Paul Hailes Queen Ants trading as ANTSHOPAUS PTY LTD must submit annual report to the Department of Climate Change, Energy, the Environment and Water by 18 December each year.

The annual report must include:

• The total number of ants harvested from each genus (identified to species-level where possible), harvesting dates and locations, and mortality rates.

• A summary of the queen ant population monitoring completed at each harvest location, including a yearly comparison of the number of surveys completed, survey methodology, survey timing and the outcomes.

6. The declaration is valid for three years from the day after its publication on the Federal Register of Legislation.

Dated this 18th day of December 2025

Sam Hush

 

………….…….……………………….........

Delegate of the Minister for the Environment and Water

 

 

 

 

 


 

 

Under section 266 of the Administrative Review Tribunal Act 2024 (ART Act), decision-makers must give notice of a decision and review rights to any person affected by the decision (section 266 of the ART Act). In giving the notice, decision-makers must have regard to the Administrative Review Tribunal Rules 2024 (section 267 of the ART Act).

A person whose interests are affected by this decision may, within 28 days, apply in writing to the Department of the Climate Change, Energy, Environment and Water, for the statement of reasons for the decision (section 268 of the ART Act).

If they are not satisfied with the decision, or the statement of reasons, an application for independent merits review of the decision (under section 303GJ(1) of the Environment Protection and Biodiversity Conservation Act 1999) may be made to the Administrative Review Tribunal (ART), on payment of the relevant fee (currently $1,121 or reduced fee where applicable due to financial hardship) by the applicant.

This can take place 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 directly to the ART. Please visit the ART’s website at https://www.art.gov.au/ for further information. You can provide feedback or make a complaint about the general services ART staff provide relating to your case through the enquiry form provided on the ART website linked above. 

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 https://www.dcceew.gov.au/about/reporting/freedom-of-information.

Further enquiries should be directed to: Director of Wildlife Trade Assessments, Department of Climate Change, Energy, Environment and Water, Telephone: (Australia) 1800 075 065 or (international) +61 5156 5063 Email: wta@environment.gov.au.

 

 

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly matters of national environmental significance, and to establish a framework for the management of biodiversity and ecosystems. The legislation addresses the problem of unsustainable or poorly regulated wildlife trade which can lead to biodiversity loss and ecosystem degradation. The Act was enacted by the Commonwealth Parliament and seeks to balance environmental protection with economic activities, ensuring that biodiversity conservation is integrated into decision-making processes. This declaration under the EPBC Act allows for the approval of a small-scale wildlife trade operation, ensuring that the harvesting of native queen ants by Paul Hailes, trading as ANTSHOPAUS PTY LTD, is conducted sustainably and in accordance with the set conditions, thereby protecting the native ant populations while allowing for controlled commercial activities.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 governs the declaration of an approved small-scale Wildlife Trade Operation for specific entities engaged in the wild harvest of native species. In this instance, the Act applies to Paul Hailes, trading as ANTSHOPAUS PTY LTD, who is authorised to harvest native queen ants within the Australian Capital Territory for commercial export over the period 2025-2028. The operation must comply with the conditions outlined in the declaration, including adherence to the annual harvest quotas for specified ant taxa, restrictions on the geographical area of harvest, prohibition of damage to existing ant nests, and the submission of annual reports detailing harvest activities and population monitoring. This Act provides a legislative framework for the management and regulation of small-scale wildlife trade operations to ensure sustainable practices and conservation of native species. The declaration is subject to review and can be challenged under the Administrative Review Tribunal Act 2024 and the Freedom of Information Act 1982 (Cth), ensuring transparency and accountability in decision-making processes.

Key Provisions

The main operative sections of the declaration (F2026N00008) outline the conditions under which Paul Hailes, trading as ANTSHOPAUS PTY LTD, is approved to conduct a small-scale wildlife trade operation involving the harvest of native queen ants in the Australian Capital Territory (ACT) for the period 2025-2028. Section 303FN(2) specifies that the operation is declared under the Environment Protection and Biodiversity Conservation Act 1999, subject to six conditions as stipulated in section 303FT. These conditions include adherence to the final proposal submitted to the Department, annual harvest quotas for specific ant taxa, a geographical restriction within the ACT, prohibition of excavation or damage to ant nests, submission of annual reports to the Department, and the duration of the approval, which is valid for three years from its publication. The obligations imposed by the Act on Paul Hailes, trading as ANTSHOPAUS PTY LTD, include strict adherence to the specified conditions. This involves ensuring that the harvest of native queen ants is limited to the permitted taxa and quantities, as outlined in the declaration. The operation must be confined within the geographical boundaries of the ACT, and any excavation or damage to ant nests is prohibited. Additionally, the company is required to submit an annual report by 18 December each year, detailing the harvest data, mortality rates, and queen ant population monitoring outcomes. This reporting ensures transparency and enables the Department to monitor the impact of the operation on native ant populations. The declaration also outlines the consequences for breaches of the conditions outlined in the declaration. While specific penalties are not detailed in the text, breaches of the Act generally result in both civil and criminal penalties. Civil penalties may include fines, while criminal penalties may involve imprisonment. The severity of these penalties depends on the nature and extent of the breach, with maximum penalties potentially being significant. It is important to note that any person affected by the decision may seek independent merits review by the Administrative Review Tribunal, and applications for such review 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. This ensures that any aggrieved parties have the opportunity to challenge the decision in a formal review process.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.