COMMONWEALTH OF AUSTRALIA
Environment Protection and Biodiversity Conservation Act 1999
DECLARATION OF AN APPROVED WILDLIFE TRADE OPERATION
QUEEN OF ANTS
I, Belinda Jago, Branch Head, Ocean and Wildlife Branch, as Delegate of the Minister for the Environment and Water under the Environment Protection and Biodiversity Conservation Act 1999, am satisfied that the Queen of Ants operation, to harvest and export live queen ants from Australian native taxa, is a small-scale operation, as defined by regulation 9A.20(2) under subsection 303FN(10)(b). I declare under subsection 303FN(2) that Queen of Ants is an approved wildlife trade operation.
This declaration has effect subject to the following conditions applied under S303FT:
- The operation is to be undertaken in accordance with the Wildlife Trade Operation Proposal - Queen of Ants, submitted to the department on 1 March 2023.
- 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.
Genus | Annual harvest quota |
Amblyopone | 1000 |
Anonychomyrma | 1000 |
Aphaenogaster | 1000 |
Brachyponera | 1000 |
Camponotus | 1000 |
Calomyrmex | 1000 |
Crematogaster | 1000 |
Dolichoderus | 1000 |
Iridomyrmex | 1000 |
Leptomyrmex | 1000 |
Lioponera | 1000 |
Mayriella | 1000 |
Melophorus | 1000 |
Meranoplus | 1000 |
Monomorium | 1000 |
Myrmecia* | 1000 |
Notoncus | 1000 |
Nylanderia | 1000 |
Oecophylla | 1000 |
Opisthopsis | 1000 |
Orectognathus | 1000 |
Pheidole | 1000 |
Podomyrma | 1000 |
Polyrhachis | 1000 |
Pseudoneoponera | 50 |
Pseudonotoncus | 50 |
Pseudoponera | 50 |
Rhopalomastix | 50 |
Rhopalothrix | 50 |
Romblonella | 50 |
Rhytidoponera | 1000 |
Solenopsis | 1000 |
Stereomyrmex | 50 |
Stigmacros | 1000 |
Strumigenys | 50 |
Tapinoma | 50 |
Technomyrmex | 1000 |
Teratomyrmex | 50 |
Tetramorium | 1000 |
Tetraponera | 50 |
Turneria | 50 |
*Subspecies Myrmecia sp. 17 is excluded from this approval.
3. Harvest is only permitted from the private property and non-protected public areas in Victoria.
4. The approval holder may apply in writing to the Department of Climate Change, Energy, the Environment and Water to add additional taxa and harvest locations. Additional taxa can only be exported after approval from the Department of Climate Change, Energy, the Environment and Water is obtained.
5. Wild harvest must not involve any excavation or damage to existing ant nests or colonies.
6. This declaration is valid for three (3) years from the date of registration on the Federal Register of Legislation.
7. Erin Funnell on behalf of Queen of Ants must submit Harvest reports to the Department of Climate Change, Energy, the Environment and Water every six (6) months. The first report is due by 1 March 2024.
The report must include:
- The total number of ants harvested by genus, harvesting dates, harvest locations including coordinates, and the name of the harvester.
- 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.
Dated: 17 OCTOBER 2023
Belinda Jago
………….…….……………………….........
Delegate of the Minister for the Environment and Water
A person whose interests are affected by this declaration may, within 28 days, make an application in writing to the Department of Climate Change, Energy, the Environment and Water 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 $1,826 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 Climate Change, Energy, the Environment and Water by email: wta@environment.gov.au
or telephone: (02) 6274 1900 (option 2).
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 Act was introduced to address the need for a comprehensive framework that safeguards Australia's biodiversity and heritage, ensuring sustainable use of natural resources. The Act is administered by the Australian Parliament, with a policy objective to promote the conservation of biological diversity and ecological integrity by regulating activities that may impact the environment. The declaration of an approved wildlife trade operation, such as the Queen of Ants operation, demonstrates the Act's application in allowing specific activities that involve the trade of native species, provided they adhere to strict conditions designed to minimise environmental harm.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 applies to any entity or person undertaking wildlife trade operations in Australia, including the harvest and export of live wildlife. This includes specific operations such as the Queen of Ants operation which is declared under the Act as an approved wildlife trade operation for the purpose of harvesting and exporting live queen ants from Australian native taxa. This declaration applies specifically to the Queen of Ants operation in Victoria and is limited to particular native ant taxa with specified annual harvest quotas. The operation is also subject to conditions including adherence to the Wildlife Trade Operation Proposal, restrictions on harvest locations, and requirements for monitoring and reporting. The declaration is valid for three years and can be extended or modified by the Department of Climate Change, Energy, the Environment and Water. Exclusions include any excavation or damage to existing ant nests or colonies and subspecies Myrmecia sp. 17 from the approved taxa. This legislative instrument extends the application of the primary Act through subordinate regulations and specific operational conditions.
Key Provisions
The key operative sections of the declaration include the approval of the Queen of Ants operation as a small-scale operation (subsection 303FN(2)) under the Environment Protection and Biodiversity Conservation Act 1999. This approval is subject to specific conditions outlined in section 303FT, such as adherence to the Wildlife Trade Operation Proposal submitted on 1 March 2023, annual harvest quotas for specified ant taxa, and the geographical limitation of the harvest to private properties and non-protected public areas in Victoria (section 3). Moreover, the operation is subject to stringent ecological guidelines to prevent damage to ant nests and colonies (section 5). The declaration also mandates bi-annual harvest reporting to the Department of Climate Change, Energy, the Environment and Water, detailing the number of ants harvested, dates, locations, and monitoring outcomes (section 7).
Under the declaration, the Queen of Ants operation is obligated to comply with the specified annual harvest quotas for each genus, ensuring that the harvest does not exceed the set limits (section 3). The operation must be conducted solely within the designated areas in Victoria, avoiding any protected public areas. Additionally, the operation must adhere to the Wildlife Trade Operation Proposal, which was submitted to the department. Erin Funnell, on behalf of Queen of Ants, must submit detailed harvest reports every six months, which include comprehensive data on the harvested ants, survey methods, and population monitoring outcomes. The operation is also required to seek approval from the Department of Climate Change, Energy, the Environment and Water before exporting any additional taxa or expanding harvest locations.
Breaches of the conditions set out in the declaration may lead to civil or criminal consequences. Specifically, any unauthorized harvesting, exceeding of quota limits, or failure to comply with the reporting requirements could result in penalties under the Environment Protection and Biodiversity Conservation Act 1999. While the Act does not specify maximum penalties in the declaration itself, violations of environmental regulations typically attract fines that can be substantial, depending on the severity and frequency of the breach. Non-compliance could also lead to the revocation of the operation's approval, effectively halting the trade activities until corrective actions are taken and reapproval is granted.