EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Instrument under section 303EC(1)(b)
(Issued under the Authority of the Minister for Sustainability,
Environment, Water, Population and Communities)
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 requirement for an import permit under the EPBC Act. Part 2 comprises species that require an import permit under the EPBC Act.
The effect of this instrument is to delete Trachemys scripta (Red-eared Slider Turtle, Yellow-bellied Slider Turtle) from Part 2 of the list of specimens suitable for live import. Deleting this species from the list will prohibit the import of live specimens of T. scripta.
The red-eared slider is listed by the IUCN, the International Union for Conservation of Nature, as one of 100 of the world’s most invasive alien species. Red-eared sliders have established feral populations in Queensland and New South Wales, and have been found in the wild in the Australian Capital Territory, Victoria and Western Australia. Regulations vary between the states, but generally it is illegal to keep or sell red-eared sliders in any Australian state or territory.
In accordance with paragraph 303EC(3) other appropriate state, territory and Australian Government ministers were consulted. In this case, the Department of Sustainability, Environment, Water, Population and Communities consulted with all state and territory ministers for the environment and agriculture, or delegated agencies, as well as the Australian Government Department of Agriculture, Fisheries and Forestry. Eight responses were received, all of which supported the proposal.
The EPBC Act does not require public consultation on proposals to delete items from the list. There was no public consultation on this proposal.
This instrument is a legislative instrument for the purposes or the Legislative Instruments Act 2003. It will take effect on the day after registration on the Federal Register of Legislative Instruments.
Statement of Compatibility with Human Rights
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 (Cth). This Legislative Instrument does not engage any of the applicable rights or freedoms.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive environmental protection and biodiversity conservation measures across Australia. This Act provides the legislative framework for the regulation of activities that may have significant environmental impacts, including the import and export of live specimens. To ensure the protection of Australia's biodiversity and ecosystems, the EPBC Act requires that live specimens be included on a specified list to be eligible for import. The Act was designed with the policy objective of preventing the introduction of species that could pose a risk to native flora and fauna, and to align Australia's environmental protection efforts with international obligations. This legislative instrument, issued under the authority of the Minister for Sustainability, Environment, Water, Population and Communities, aims to prohibit the import of live specimens of Trachemys scripta (Red-eared Slider Turtle) by removing the species from the list of specimens suitable for live import. This decision follows the recognition of the red-eared slider as one of the world's most invasive alien species by the International Union for Conservation of Nature and its establishment of feral populations in several Australian states, leading to consultations with relevant state and territory ministers and agencies.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the import of live specimens in Australia, with specific provisions in the Act and its subordinate instruments outlining the requirements for such imports. Under this legislation, the import of live specimens is regulated through a list that dictates which species are exempt from the need for an import permit and which require one. This legislative instrument modifies the list of specimens suitable for live import by removing Trachemys scripta, commonly known as the Red-eared Slider Turtle or Yellow-bellied Slider Turtle, from Part 2, thereby prohibiting its import. The deletion from the list takes effect the day after the instrument is registered on the Federal Register of Legislative Instruments. This amendment is grounded in concerns about the ecological impact of the species, which is recognised by the International Union for Conservation of Nature as one of the world’s most invasive alien species and has established feral populations in several Australian states. The instrument does not require public consultation as stipulated by the EPBC Act and was developed in consultation with relevant state, territory, and Australian Government ministers.
Key Provisions
The main operative sections of this legislative instrument pertain to the amendment of the list of specimens suitable for live import under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (sections 303EB and 303EC). Specifically, this instrument concerns the removal of Trachemys scripta, commonly known as the Red-eared Slider Turtle or Yellow-bellied Slider Turtle, from Part 2 of the list, which means that it will now be prohibited to import live specimens of this species into Australia. Part 1 of the list includes species exempt from the need for an import permit under the EPBC Act, while Part 2 lists species that require such a permit. By removing T. scripta from Part 2, the Act effectively prohibits its importation.
This legislative instrument imposes specific obligations on entities and individuals engaged in the import of live specimens. It mandates that any attempt to import live specimens of Trachemys scripta will now be in direct contravention of the EPBC Act, leading to potential legal ramifications. Importers and other relevant parties must ensure that they are aware of and comply with these regulations to avoid any legal issues. Additionally, the Act requires consultation with relevant state and territory ministers for the environment and agriculture or their delegated agencies, as well as the Australian Government Department of Agriculture, Fisheries and Forestry, to ensure a coordinated approach to environmental protection and biodiversity conservation.
In terms of penalties and consequences, breaching the provisions of this legislative instrument by attempting to import live specimens of Trachemys scripta can lead to both civil and criminal penalties. Under the EPBC Act, individuals and entities found guilty of contravening the Act can face fines and imprisonment. The maximum penalties for contravening the EPBC Act include substantial fines and imprisonment terms that vary depending on the severity of the breach. Specifically, individuals can be fined up to AUD 210,000 or face imprisonment for up to five years, or both, while corporations can be fined up to AUD 1,050,000 or face both higher fines and imprisonment terms. These penalties underscore the seriousness with which the Australian Government regards the protection of its biodiversity and the enforcement of its environmental laws.