EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Amendment to the List of Specimens taken to be Suitable for Live Import
Instrument under paragraph 303EC(1)(a)
(Issued under Authority of the Minister for the Environment)
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 section 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 require an import permit.
The effect of this instrument is to add Hystrix africaeaustralis (Cape porcupine) to Part 2 of the list of specimens suitable for live import. Including this species in the list will allow the import of live specimens of this species under the specified conditions: Eligible non-commercial purpose 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 section 303EE of the EPBC Act.
In determining whether to amend the live import list to include H. africaeaustralis, the Minister considered the outcomes of assessment reports on the potential impacts on the environment, prepared in accordance with section 303EF of the EPBC Act.
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 consulted with all relevant ministers for the environment and agriculture (or their delegates).
Of the seven responses, one objected to the proposal; another raised concerns without objecting and another recommended additional conditions before approval. The remaining respondents supported the proposal or had no objection provided the listing included conditions to limit import purposes and security of holding facilities.
In accordance with section 303EF of the EPBC Act, the assessment report was published on the Department of the Environment website and public comments sought. No comments were received from members of the public.
Although this species poses an extreme risk of becoming a pest if it were to escape containment, the Minister considered that listing the species with appropriate conditions poses little risk.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003. It will take effect on the day after registration on the Federal Register of Legislative Instruments.