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 Pyrrhura frontalis (Maroon-bellied Conure), 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 Mr Richard Hein, under s.303EE of the EPBC Act.
In determining whether to amend the list of specimens suitable for live import to include P. frontalis, 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/maroon-bellied-conure.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. No public comments were received.
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 eleven ministerial and departmental responses to this application. Four were supportive of the proposed amendment, four opposed it while the remaining three responses provided comment on particular issues but did not explicitly support or oppose the import of P. frontalis 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 was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. This Act, introduced by the Commonwealth Parliament, aims to safeguard Australia's biodiversity and heritage. The Act addresses the problem of unregulated live imports that may pose risks to native species and ecosystems. As per the legislative instrument F2006L00610, the Act was amended to include Pyrrhura frontalis, commonly known as the Maroon-bellied Conure, in the list of specimens suitable for live import under certain conditions. This amendment was initiated by an application and follows an assessment report, which concluded that with the specified conditions, the import of this species poses minimal risk to the Australian environment. The policy objective of this amendment is to allow the import of the species for eligible non-commercial purposes while ensuring that appropriate measures are in place to protect native wildlife and ecosystems.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the importation of live specimens into Australia, requiring that any such specimens must be included on a specific list of suitable species for live import. This list, established under section 303EB of the EPBC Act, is divided into two parts: Part 1 includes species exempt from the need for an import permit, while Part 2 comprises species that can be imported with a permit. This legislative instrument amends Part 2 of the list to include Pyrrhura frontalis, also known as the Maroon-bellied Conure, thereby permitting its importation into Australia for non-commercial purposes. The amendment follows an application from Mr Richard Hein and was subject to an assessment report prepared in accordance with section 303EF of the EPBC Act, which was published on the Department of the Environment and Heritage website. While no public comments were received, state and territory ministers and departments for the environment, conservation, and agriculture were invited to comment, with a mix of supportive, opposing, and neutral responses. The Minister concluded that the proposed conditions for importing this species would result in a low risk to the Australian environment. 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 are sections 303EC(3), 303EE, and 303EF of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303EC(3) outlines the process for amending the list of specimens suitable for live import, including the requirement to invite comments from relevant state and territory ministers and departments. Section 303EE allows for the initiation of amendments to the list either by the Minister or through an application by a relevant party. Section 303EF mandates the preparation of an assessment report for the proposed amendment, which is to be published and open for public comment. This particular amendment, as stated in the explanatory statement, pertains to the inclusion of Pyrrhura frontalis (Maroon-bellied Conure) in Part 2 of the list of specimens suitable for live import. This means that the import of this species into Australia will be permitted, but only under specific conditions for eligible non-commercial purposes.
The Act imposes several obligations and requirements on parties and entities it governs. Firstly, it mandates that any import of live specimens must be in accordance with the list of specimens suitable for live import under the EPBC Act. For Pyrrhura frontalis, this means that the import can only occur for non-commercial purposes, and any specimens and their progeny must be micro-chipped. Additionally, a DNA sample must be kept and provided to the Australian Government upon request. The Act also requires the Minister to consider outcomes of an assessment report when determining whether to amend the list of specimens suitable for live import. This involves publishing the assessment report and seeking comments from the public and relevant state and territory ministers and departments.
In terms of offences, penalties, or consequences for breach, the legislation does not explicitly detail the penalties for non-compliance with the specific conditions set for the import of Pyrrhura frontalis. However, under the general provisions of the EPBC Act, breaches of the Act can lead to civil and criminal penalties. For civil penalties, the maximum penalty can be significant, reaching up to several million dollars for corporations and substantial fines for individuals, depending on the severity and nature of the breach. Criminal penalties can include fines and imprisonment, depending on the specific offence and the discretion of the court. Non-compliance with the conditions for importing live specimens, such as failing to micro-chip specimens or provide DNA samples, could potentially attract these penalties if it is found to pose a risk to the Australian environment or violate the terms of the Act.