Amendment - List of Specimens taken to be Suitable for Live Import (02/02/2011) (2)

Overview

The Environment Protection and Biodiversity Conservation Act 1999, as amended by the legislative instrument F2011L00292, addresses a specific gap in the regulation of live imports by updating the list of specimens suitable for live import. This amendment, introduced under the authority of the Minister for Sustainability, Environment, Water, Population and Communities, allows for the inclusion of Astrochelys radiata (radiated tortoise) in Part 2 of the list. The policy objective is to regulate the import of potentially harmful species while facilitating the import of species under controlled conditions. This change was made in response to an application under section 303EE of the EPBC Act, following an assessment of environmental risks and consultation with relevant state and territory ministers, all of whom supported the proposal with conditions to mitigate potential risks. The amendment aims to balance the need to prevent ecological harm with the controlled introduction of species for purposes other than domestic use, thereby ensuring that the import of radiated tortoises is managed in a manner that minimises environmental risks.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the import of live specimens in Australia, stipulating that such imports are permissible only if the species in question is included on a specific list. This legislative instrument amends the list of specimens taken to be suitable for live import, adding Astrochelys radiata (radiated tortoise) to Part 2, which includes species that can be imported with a permit under the EPBC Act. This change allows for the import of live radiated tortoises under specific conditions, such as for eligible non-commercial purposes excluding household pets, and mandates that these specimens be held in high security facilities. The amendment process was initiated by an application to the Minister and involved consultation with relevant state, territory, and Australian government ministers, as well as publication of an assessment report and solicitation of public comments, though none were received. This legislative instrument, effective from the date of its publication in the Commonwealth of Australia Gazette, aims to manage the environmental risks associated with the import of this species by imposing strict conditions on its import and containment.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a fundamental piece of legislation in Australia, and recent amendments have been made to the list of specimens taken to be suitable for live import (live import list). According to sections 303EB and 303EC of the EPBC Act, a live specimen can only be imported if it is included on the live import list, which has two parts: Part 1 lists species exempt from the requirement for an import permit, while Part 2 lists species that can be imported with a permit. The latest amendment, issued under the authority of the Minister for Sustainability, Environment, Water, Population and Communities, involves the addition of Astrochelys radiata, also known as the radiated tortoise, to Part 2 of the live import list. This inclusion allows for the import of live specimens of this species under specified conditions, namely, for eligible non-commercial purposes only, excluding household pets, and only through high-security facilities. The obligations and requirements imposed by the Act on the parties or entities it governs are multifaceted. Under section 303EE of the EPBC Act, amendments to the live import list can be made either on the initiative of the Minister or by application. In this instance, the amendment was initiated by an application made to the Minister. The Minister's decision to amend the list was influenced by an assessment report on the potential impacts on the environment, prepared in accordance with section 303EF of the EPBC Act. In line with section 303EC(3), appropriate state, territory, and Australian Government ministers were consulted. For this specific case, the Department of Sustainability, Environment, Water, Population and Communities engaged with all relevant state and territory ministers for the environment, conservation, and agriculture. All respondents supported the proposal or had no objections, provided that the listing included conditions to limit import purposes and ensure the security of holding facilities. Furthermore, in accordance with section 303EF, the assessment report was published on the Department's website, and public comments were sought. In this case, no comments from the public were received. The Environment Protection and Biodiversity Conservation Act 1999 also delineates offences, penalties, and civil/criminal consequences for breaches. The Act imposes strict conditions on the import of live specimens, and any breaches of these conditions could result in various penalties. For instance, unauthorised importation of live specimens can lead to civil and criminal penalties, including fines and imprisonment. However, the specific penalties for breaches related to the amended live import list are not explicitly stated in the text. The Minister, in determining the conditions for the listing of Astrochelys radiata, considered that listing this species posed a moderate risk to the Australian environment. Nevertheless, under the listed conditions, this risk is deemed to be reduced to a negligible level. The instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003 and will take effect on the date of publication in the Commonwealth of Australia Gazette.