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), 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 Psittacus erithacus (African Grey Parrot), to Part 2 of the list of specimens suitable for live import.
Including this species in the list will allow its import into Australia for eligible non-commercial purposes only. The following conditions will be applicable for import: For eligible non-commercial purposes only; specimens and progeny must be micro-chipped and a DNA sample kept and provided to the Australian Government on request.
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 Ms Kerryn Loftus, under s.303EE of the EPBC Act.
In determining whether to amend the list of specimens suitable for live import to include P. erithacus, 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/african-grey-parrot-congo.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. Two public comments were received supporting the proposed amendment to the live import list.
In accordance with s. 303EC (3) of the EPBC Act, appropriate state and territory ministers and departments for the environment, conservation and agriculture were invited to comment.
DEH received nine ministerial responses to this application. Three were supportive of the proposed amendment, three objected to the proposal while the remaining three responses did not object to the import of P. erithacus into Australia.
The Minister considers that with proposed conditions in place, the import of this species poses a low 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 provide for the protection of the environment, particularly with respect to matters of national environmental significance, and to establish a framework for the conservation of biodiversity. This legislative framework includes provisions for the regulation of the import of live specimens, ensuring that only those species listed as suitable for live import under the EPBC Act can be brought into Australia. The Act was introduced to address the need for comprehensive environmental protection and biodiversity conservation measures, including the regulation of biological resources to prevent ecological harm. This legislative instrument, which amends the list of specimens suitable for live import, was issued under the authority of the Minister for the Environment and Heritage and aims to facilitate the controlled import of the African Grey Parrot for eligible non-commercial purposes while mitigating potential environmental risks.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the import of live specimens into Australia, governing which species may be imported and under what conditions. Specifically, this legislation requires that any live specimen to be imported must be listed in the Schedule of specimens suitable for live import. This Schedule has two parts: Part 1 lists species exempt from the need for an import permit, while Part 2 includes species that require a permit for import. This legislative instrument amends the Schedule by adding the African Grey Parrot (Psittacus erithacus) to Part 2. The addition of this species to the Schedule permits its import into Australia for eligible non-commercial purposes only, subject to specific conditions such as micro-chipping of specimens and the provision of DNA samples to the Australian Government upon request. The amendment was initiated by an application under section 303EE of the EPBC Act and follows an assessment report that deemed the import of this species to pose a low risk to the Australian environment, provided the stipulated conditions are met. The instrument will come into effect on the first day it is no longer subject to disallowance.
Key Provisions
The main operative sections of this legislation, particularly section 303EC(1)(a), establish that live specimens can be imported into Australia only if they are listed as suitable for live import under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The current amendment adds Psittacus erithacus, commonly known as the African Grey Parrot, to Part 2 of the list of specimens suitable for live import. This addition allows for the import of African Grey Parrots into Australia, but only for eligible non-commercial purposes, and with specific conditions attached. These conditions include mandatory microchipping of specimens and the retention of a DNA sample, which must be provided to the Australian Government upon request.
The obligations imposed by this Act on parties or entities include ensuring that any import of African Grey Parrots complies with the specified conditions. Importers must ensure that the parrots are microchipped and that DNA samples are kept and available for inspection. Additionally, the import must be for non-commercial purposes only, meaning that commercial activities such as breeding or sale are not permitted. Failure to adhere to these conditions can result in the confiscation of the imported specimens and potential legal action against the importer.
In terms of potential consequences for breach, the EPBC Act provides for both civil and criminal penalties. Civil penalties may include fines, with the exact amount determined by the court. Criminal penalties may also apply, particularly if the breach is deemed to be deliberate or negligent. The maximum penalties can be significant, reflecting the seriousness of non-compliance with environmental protection laws. It is crucial for all parties involved in the import process to be fully aware of their obligations and to comply strictly to avoid any legal repercussions.