COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN
APPROVED WILDLIFE TRADE OPERATION
I, Paul Murphy, Assistant Secretary, Wildlife Trade and Biosecurity, as Delegate of the
Minister for the Environment under the Environment Protection and Biodiversity
Conservation Act 1999, am satisfied that an operation to harvest and export Australian native
ants by Mr Brendon Cameron of the company Fluyt, is a small-scale operation as defined by Regulation 9A.20 under subsection 303FN(10). I declare under subsection 303FN(2) that
Fluyt 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 by Fluyt and
revised and lodged on 19 October 2016. - Only specimens from species that have been named and described in a scientific
publication can be exported. - Initially only specimens from the list of species approved under the Wildlife Trade Operation are eligible for export permit application. Additional species and families
may only be exported with the prior approval of the Department of the Environment
and Energy. - Accurate records must be maintained and kept up-to-date 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 is to be provided to the Department of the Environment and Energy,
as per Section 8 of the proposal. - If requested by the Department of the Environment and Energy, Fluyt will provide
reports at other times of the year on a timely basis. - This declaration is valid for three years from the date of registration on the Federal
Register of Legislation.
Dated this 5th day of December 2016
Paul Murphy
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 (options 2).
Overview
The Environment Protection and Biodiversity Conservation Act 1999 was enacted by the Commonwealth Parliament to address the problem of protecting Australia's biodiversity and environmental values from significant impacts, particularly those associated with wildlife trade. This Act provides a framework for the protection of the environment and biodiversity through a range of mechanisms, including the regulation of wildlife trade operations. Under this Act, the Minister for the Environment and Energy has the authority to declare a wildlife trade operation as approved, subject to specific conditions aimed at ensuring sustainable and responsible trade practices. The declaration process involves an assessment of the operation's proposal, compliance with specified conditions, and the maintenance of accurate records and reporting. The declared operation, in this case involving the harvesting and export of Australian native ants by Fluyt, is subject to these conditions to ensure that the trade does not adversely impact native species or ecosystems.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to any operation that involves the harvesting and export of Australian native species, including ants, conducted by individuals or entities. This specific declaration pertains to Mr Brendon Cameron of the company Fluyt, who has been recognised as an Approved Wildlife Trade Operation for their small-scale ant harvesting and export activities. The operation must comply with the proposal submitted and lodged with the Department of the Environment and Energy, and the export is restricted to specimens from species that have been scientifically described and initially limited to species approved under the Wildlife Trade Operation. Any expansion to include additional species or families requires prior approval from the Department. Accurate record-keeping and timely reporting are mandatory, with an annual report due and ad hoc reporting possible at the Department's request. This declaration is valid for three years from its registration on the Federal Register of Legislation. Affected parties may apply for reasons behind the decision or seek an independent review through the Administrative Appeals Tribunal within 28 days of the declaration's date or receipt of the decision's reasons.
Key Provisions
The main provisions of the declaration under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) include the approval of Mr Brendon Cameron's company, Fluyt, as an Approved Wildlife Trade Operation for the harvesting and export of Australian native ants (Section 303FN(2)). This approval is contingent upon the operation adhering to specific conditions outlined in the declaration. Firstly, the operation must strictly follow the proposal submitted and revised on 19 October 2016 (S303FT). Secondly, only specimens from species that have been scientifically named and described can be exported, with initial eligibility limited to a pre-approved list of species, with potential for additional species or families to be added only with prior approval from the Department of the Environment and Energy.
The obligations imposed by the Act on Fluyt and Mr Cameron include maintaining accurate and up-to-date records of their activities, which must include all information necessary for the required reporting (Section 8). These records must be made available to the Department of the Environment and Energy upon request. Additionally, Fluyt is required to provide an annual report to the Department and additional reports as needed, ensuring compliance with the conditions of the approval. Compliance with these obligations is critical to maintaining the status of an Approved Wildlife Trade Operation.
Breach of the conditions outlined in the declaration can lead to civil and criminal consequences. Under the Environment Protection and Biodiversity Conservation Act 1999, non-compliance may result in the revocation of the approval status, leading to the cessation of the approved activities. Furthermore, if violations are severe enough, they may be subject to penalties as outlined in the Act. While the specific penalties are not detailed in this declaration, they can include fines and other enforcement actions that could be pursued by the Department of the Environment and Energy.