Amendment - List of Specimens Taken to be Suitable for Live Import (04/07/2005)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the importation of live specimens in Australia, stipulating that such specimens can only be imported if they are listed as suitable for live import. The Act provides for two parts in this list: Part 1 includes species exempt from the need for an import permit, while Part 2 comprises species that can be imported with a permit. The purpose of this legislative instrument is to amend the list by adding Indotestudo elongata (Elongate Tortoise) to Part 2, under the conditions that it is for eligible non-commercial purposes only, excluding household pets, and must be kept in high security facilities. This amendment was initiated by an application from the Australasian Regional Association of Zoological Parks and Aquaria (ARAZPA) and was subject to an assessment report under section 303EF of the EPBC Act, which was made publicly available for comment. After considering the report and feedback from relevant state, territory, and Australian government ministers, the Minister determined that the conditions imposed minimise the risk to the Australian environment from the import of this species, primarily for exhibition in zoos.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) sets out the framework for the protection of the environment and biodiversity in Australia, including the regulation of live imports. Specifically, the Act requires that a live specimen can only be imported if it is included on a designated list of specimens suitable for live import. This list is divided into two parts, with Part 1 comprising species exempt from the need for an import permit and Part 2 comprising species that can be imported with a permit. The legislation in question amends the list to include Indotestudo elongata (Elongate Tortoise) in Part 2, under the conditions of eligible non-commercial purpose only, excluding household pets, and high security facilities only. This amendment allows the Minister for the Environment and Heritage, or their delegate, to issue permits for the import of live specimens of I. elongata, intended for exhibition in zoos. The amendment was initiated by an application from the Australasian Regional Association of Zoological Parks and Aquaria (ARAZPA) and was subject to an assessment report, the outcomes of which led to the decision to include the species with the specified conditions. This legislative instrument is effective under the Legislative Instruments Act 2003 and will take effect on the first day it is no longer liable to be disallowed.

Key Provisions

The key operative sections of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) that are pertinent to this amendment include sections 303EB, 303EC, 303ED, and 303EF. Section 303EB establishes the list of specimens suitable for live import, which has two parts: Part 1 for species exempt from the need for an import permit and Part 2 for species that can be imported with a permit. Section 303EC details the process for including or excluding species from the list, and section 303ED allows for the imposition of conditions on the import of listed species. Section 303EF outlines the requirement for an assessment report and public consultation before amending the list. The instrument in question adds Indotestudo elongata (Elongate Tortoise) to Part 2 of the list with specific conditions: eligible non-commercial purposes only, excluding household pets, and high security facilities only. The Act imposes several obligations and requirements on parties and entities it governs. Firstly, under section 303EB, only species listed in the list of specimens suitable for live import are permitted to be imported. The Minister or their delegate can issue permits for import, as outlined in section 303EC. The specific conditions for the import of Indotestudo elongata, as stated in the instrument, include a restriction to non-commercial purposes excluding household pets, and the requirement that the tortoises be imported into high security facilities. These conditions are meant to mitigate any potential risks to the Australian environment. Furthermore, section 303EF mandates that an assessment report be prepared and that public consultation be undertaken before any amendments are made to the list. This process ensures that all relevant stakeholders have an opportunity to provide input on the proposed changes. In terms of breaches and consequences, the EPBC Act includes provisions for both civil and criminal penalties. Under section 303G of the EPBC Act, any person who imports a live specimen not listed in the approved list, or who contravenes any conditions imposed on the import permit, may be subject to penalties. The civil penalty for such breaches can be up to $330,000 for a corporation and $66,000 for an individual, as per section 6A of the EPBC Act. Additionally, criminal penalties may apply, with fines of up to $1.1 million for a corporation and $220,000 for an individual, along with potential imprisonment terms, as per section 303H of the EPBC Act. These stringent measures are in place to ensure compliance with the Act and to protect the Australian environment from potential risks associated with the import of live specimens.