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, Heritage and the Arts)
Under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), a live specimen is allowed to be imported only if it is included on the list of specimens taken to be suitable for live import (live import list).
The list was established in accordance with s.303EB of the EPBC Act and has two Parts. Part 1 comprises species exempt from the requirement 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 Nasua nasua (Brown-nosed coati) to Part 2 of the live import list. Including this species in the list will allow the import of live specimens of this species under the specified conditions (Eligible non-commercial purposes only, excluding household pets. High security facilities only).
Amendments to the live import list can be made either on the initiative of the Minister or by application. This list amendment was initiated by an application made to the Minister under s.303EE of the EPBC Act.
In determining whether to amend the live import list to include N. nasua, the Minister considered the outcomes of assessment reports on the potential impacts on the environment, prepared in accordance with s.303EF of the EPBC Act.
In accordance with paragraph 303EC(3), other appropriate state, territory and Australian Government ministers were consulted. In this case, the Department of the Environment, Water, Heritage and the Arts consulted with all relevant state and territory ministers for the environment, conservation and agriculture, and the Australian Government Department of Agriculture, Fisheries and Forestry. All respondents other than the Victorian Government supported the proposal or had no objection.
In accordance with s.303EF of the EPBC Act, the assessment report was published on the Department of the Environment, Water, Heritage and the Arts’ website and public comments sought. One comment from the public was received.
The Minister considered that listing this species, with specified conditions, poses negligible 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) is a key piece of legislation designed to protect Australia's environment and biodiversity. This Act provides the legal framework for managing the environmental impact of activities, including the importation of live species. One of the mechanisms under the EPBC Act is the regulation of live imports through a specified list, which is intended to ensure that only species that pose negligible risk to the environment can be imported. This legislative instrument, F2010L00508, was issued under the authority of the Minister for the Environment, Heritage and the Arts and aims to amend the live import list by adding the Brown-nosed coati (Nasua nasua) to Part 2, allowing its import under specific conditions. This amendment was initiated following an application and thorough consultation with relevant state and territory ministers, as well as public feedback, ensuring the decision aligns with the policy objective of safeguarding Australia's biodiversity.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the regulation of activities that have, or are likely to have, a significant impact on matters of national environmental significance, including the import of live specimens. Specifically, the Act mandates that a live specimen can only be imported if it is included on a list of specimens deemed suitable for live import, which is divided into two parts: Part 1 includes species exempt from the requirement for an import permit, while Part 2 includes species that can be imported with a permit. This legislative instrument amends the live import list by adding Nasua nasua (Brown-nosed coati) to Part 2, thereby allowing its import under specified conditions, which are limited to eligible non-commercial purposes and exclude household pets, and require the use of high security facilities only. This amendment extends the jurisdictional reach of the EPBC Act to regulate the import of this particular species, subject to the stated conditions. The amendment was made in response to an application under section 303EE of the EPBC Act and followed consultation with relevant state and territory ministers and the public, with all respondents other than the Victorian Government either supporting the proposal or having no objection.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the importation of live specimens, with specific requirements detailed in sections 303EB, 303EC, and 303EF. Section 303EB establishes a live import list, divided into two parts: Part 1 lists species exempt from the need for an import permit, while Part 2 lists species that can be imported with a permit. Section 303EC(1)(a) stipulates that the Minister for the Environment, Heritage and the Arts must maintain this list and may amend it based on applications or ministerial initiative. Section 303EF mandates that any amendments to the list must be supported by assessment reports on environmental impacts, and public consultations must be conducted. This legislative instrument adds Nasua nasua, or Brown-nosed coati, to Part 2 of the live import list, thereby permitting its import under certain conditions: eligible non-commercial purposes only, excluding household pets, and high security facilities only.
The Act imposes obligations on parties and entities involved in the importation of live specimens. Importers must ensure that any live specimen they seek to import is listed in the appropriate part of the live import list. For Nasua nasua, this means adhering to the specified conditions of eligibility and security. The Minister for the Environment, Heritage and the Arts must also adhere to the statutory requirements for assessing and amending the live import list, including conducting environmental impact assessments and public consultations. Additionally, any entity involved in the transport, handling, or housing of the imported species must comply with the high security facility requirements stipulated for Nasua nasua.
Breaches of the EPBC Act can result in significant consequences. Although the explanatory statement does not explicitly detail the penalties for importing a live specimen not listed on the live import list, it is reasonable to infer that such actions could be subject to penalties under the EPBC Act. Typically, the Act provides for both civil and criminal penalties for non-compliance. Civil penalties can include fines up to $66,600 for individuals and $333,000 for bodies corporate, as per section 535 of the Act. Criminal penalties can include imprisonment for up to five years for individuals and fines up to $333,000 for bodies corporate, as stipulated in section 536 of the Act. Additionally, the Minister has the authority to seek injunctions or other remedies to prevent further breaches.