Amendment – List of Specimens taken to be Suitable for Live Import (10/11/2014)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the importation of live specimens in Australia, requiring that any such imports be listed in the List of Specimens taken to be Suitable for Live Import. This list is divided into two parts: species exempt from the need for an import permit and species that necessitate an import permit. The EPBC Act was enacted to address the need for stringent controls on the importation of live specimens to protect Australia's biodiversity and prevent the introduction of potentially harmful species. The amendment to the live import list, specifically adding Hystrix africaeaustralis (Cape porcupine) to Part 2, was initiated by an application under section 303EE of the EPBC Act, following an assessment of environmental impacts. This legislative instrument, introduced by the Minister for the Environment, aims to mitigate risks associated with the import of potentially invasive species while allowing for their controlled introduction under specific conditions.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment and biodiversity in Australia, including the regulation of the live import of species. This legislation applies to individuals, entities, and industries involved in the importation of live specimens, with a specific focus on those seeking to import species listed under the EPBC Act. The geographic reach of the EPBC Act is national, applying across Australia, and it encompasses both Commonwealth and state territories. This instrument amends the List of Specimens taken to be Suitable for Live Import, which is divided into two parts: species exempt from the requirement for an import permit, and species that require an import permit. The amendment adds Hystrix africaeaustralis (Cape porcupine) to Part 2 of the list, thereby requiring an import permit for this species under specified conditions: eligible non-commercial purposes only, excluding household pets, and high-security facilities only. The amendment process can be initiated by the Minister or through application, and this particular change was made in response to an application under section 303EE of the EPBC Act. The amendment was preceded by assessments of the potential environmental impacts, consultations with relevant ministers, and public consultation, though no public comments were received.

Key Provisions

The primary operative sections of this instrument (sections 303EB, 303EC, 303EE, and 303EF) pertain to the management of the List of Specimens taken to be Suitable for Live Import under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303EB establishes the list, which is divided into two parts: Part 1 includes species exempt from the requirement for an import permit, and Part 2 includes species that necessitate an import permit. Section 303EC outlines the criteria for the Minister to add a species to Part 2 of the list, while section 303EE provides the process for applications to amend the list. Section 303EF mandates the preparation of assessment reports on the environmental impacts of proposed amendments, which must be published and open to public comment. This instrument amends the list by adding Hystrix africaeaustralis (Cape porcupine) to Part 2, subject to specific conditions: it can only be imported for eligible non-commercial purposes, excluding household pets, and must be held in high-security facilities. The obligations imposed by this Act on the parties involved are primarily concerned with ensuring compliance with the conditions set for the import of Hystrix africaeaustralis. Importers must adhere to the stipulation that the species can only be imported for eligible non-commercial purposes, such as scientific research, and must exclude household pets. Additionally, all facilities involved in housing these animals must meet stringent high-security standards to prevent escape and mitigate the risk of the species becoming a pest. These conditions are essential to safeguard Australia’s environment and biodiversity from potential threats posed by the introduction of this species. In terms of penalties and consequences for non-compliance, the EPBC Act does not specify maximum penalties for breaches related to the import of listed species in the explanatory statement provided. However, generally, under the EPBC Act, breaches of its provisions can result in both civil and criminal penalties. Civil penalties may include fines, with the exact amount depending on the nature and severity of the breach. Criminal penalties can apply for more serious offences, with potential imprisonment for individuals involved in the breach. The Act empowers authorised officers to enforce compliance and take legal action against those who fail to adhere to the stipulated conditions. Given that the Cape porcupine poses a significant risk of becoming a pest if it escapes containment, any failure to comply with the stringent conditions for its import and housing could result in severe environmental consequences. Therefore, the Act ensures that all parties involved are aware of their responsibilities and the potential legal ramifications of non-compliance. By placing these conditions on the import and housing of Hystrix africaeaustralis, the Act aims to balance the potential benefits of importing the species for legitimate purposes with the imperative to protect Australia’s ecosystems.