EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Amendment to the List of Specimens Taken to be Suitable for Live Import
in accordance with paragraph 303EC (1) (a)
(Issued under Authority of the Minister for the Environment and Heritage)
Under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), in general terms, a live specimen is allowed to be imported only if it is included on the list of specimens suitable for live import.
The list was established in accordance with s.303EB of the EPBC Act and has two parts.
Part 1 comprises species exempt from the need for an import permit under the EPBC Act. Part 2 comprises species that can be imported with a permit under the EPBC Act.
The effect of this instrument is to add Dendrobates azureus (Blue Poison Arrow Frog) and Dendrobates galactonotus (Splash-back Poison Arrow Frog), to Part 2 of the list of specimens suitable for live import with the conditions: eligible non-commercial purpose only, excluding household pets; and high security facilities only.
Including these species in the list will allow the Minister or his delegate to issue permits for the import of live specimens of D. azureus and D. galactonotus. The purpose of importing these species into Australia is for exhibition in zoos.
Amendments to the list of specimens suitable for live import can be made either on the initiative of the Minister or by application. This list amendment was initiated by an application from the Australasian Regional Association of Zoological Parks and Aquaria (ARAZPA) under s.303EE of the EPBC Act.
In determining whether to amend the list of specimens suitable for live import to include D. azureus and D. galactonotus, the Minister considered the outcomes of an assessment report prepared in accordance with s.303EF of the EPBC Act. Copies of the assessment report are available at the following website: http://www.deh.gov.au/biodiversity/trade-use/invitecomment/dendrobates-sp.html
In accordance with s.303EF of the EPBC Act, the assessment report was published on the Department of the Environment and Heritage website and comments sought. No comments were received.
In accordance with paragraph 303EC(3) of the EPBC Act, appropriate state, territory and Australian government ministers, were consulted. In this case, the Department of the Environment and Heritage consulted with all state and territory ministers for the environment and the Australian minister for agriculture, Fisheries and Forestry. Of the eleven comments received, seven responses had no objection or no comment on the proposed amendment, and the other four objected. Concerns related to suitable climates being available in Australia for the species to establish, and potential threats to native fauna.
The Minister considered that listing with conditions of ‘Eligible non-commercial purpose only, excluding household pets. High security facilities only’ imposed, the import of these species poses little risk to the Australian environment.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The instrument will take effect on the first day on which it is no longer liable to be disallowed.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a comprehensive approach to environmental protection and biodiversity conservation in Australia. This Act provides a framework for the protection of the environment, including the regulation of the importation of live specimens. Specifically, this legislation was introduced to manage the import of live specimens in a manner that mitigates risks to Australia’s biodiversity and ecosystems. The EPBC Act was enacted by the Parliament of Australia, aiming to protect and conserve Australia’s biodiversity and its environment by providing for the assessment and approval of activities that may have a significant impact on the environment. The policy objective of the Act is to ensure that environmental considerations are integrated into decision-making processes.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the import of live specimens into Australia, with specific species listed as suitable for live import. The Act applies to persons or entities intending to import live specimens, particularly those engaged in activities such as zoos, research institutions, and wildlife trade. The geographic scope of the Act is national, with the Commonwealth having the overarching jurisdiction over matters concerning the environment and biodiversity. The Act specifies that only species listed as suitable for live import can be imported, with certain exemptions and conditions. This legislative instrument amends the list by adding Dendrobates azureus (Blue Poison Arrow Frog) and Dendrobates galactonotus (Splash-back Poison Arrow Frog) to Part 2, subject to specific conditions: eligible non-commercial purposes only, excluding household pets, and high security facilities only. This amendment was initiated by an application from the Australasian Regional Association of Zoological Parks and Aquaria (ARAZPA) and followed an assessment report that concluded with minimal risk to the Australian environment under the specified conditions. The amendment will take effect on the first day it is no longer liable to be disallowed, extending the application of the EPBC Act to include these two species under the specified conditions.
Key Provisions
The primary operative sections of the legislation concern the amendment of the List of Specimens Taken to be Suitable for Live Import under section 303EC(1)(a) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The Act mandates that a live specimen can only be imported if it is listed under the EPBC Act as suitable for live import. This list is divided into two parts: Part 1 includes species exempt from the need for an import permit, while Part 2 includes species that can be imported with a permit. This amendment adds Dendrobates azureus (Blue Poison Arrow Frog) and Dendrobates galactonotus (Splash-back Poison Arrow Frog) to Part 2, subject to conditions that they can only be imported for eligible non-commercial purposes, excluding household pets, and only in high security facilities. This means that these species can only be imported if they are intended for exhibition in zoos.
The obligations imposed by this Act on the parties and entities it governs include ensuring that any import of Dendrobates azureus and Dendrobates galactonotus adheres strictly to the conditions set forth in the legislation. Importers must ensure that the species are not intended for household pets and must be housed in high security facilities. The Minister or their delegate has the authority to issue permits for the import of these species, and any application for such a permit must comply with the conditions specified. Furthermore, any entity involved in the import process must provide documentation and evidence that they are in compliance with the terms of the permit and the Act.
In terms of consequences for breach, the Act does not specify particular offences or penalties within the text of this amendment. However, under the general provisions of the EPBC Act, any breach of the conditions set forth in the permit or the Act could lead to civil or criminal penalties. These penalties could include fines, imprisonment, or both, depending on the severity of the breach and the discretion of the court. The exact penalties would be determined by the courts based on the specific circumstances of the breach and the relevant sections of the EPBC Act and any other applicable laws. The Minister's decision to include these species with specific conditions was made after considering an assessment report and consulting with relevant stakeholders, aiming to mitigate any potential risks to the Australian environment.