EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Amendment of the List of Specimens Taken to be Suitable for Live Import
in accordance with Section 303EC (1) (a)
(Issued under 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 taken to be suitable for live import (live import list).
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 can be imported with a permit under the EPBC Act.
The effect of this instrument is to add Aldabrachelys gigantea (Aldabra giant tortoise) 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 s.303EE of the EPBC Act.
In determining whether to amend the live import list to include A. gigantea, the Minister considered the outcomes of assessment reports on the potential impacts on the environment, prepared in accordance with s.303EF of the EPBC Act.
In accordance with s.303EC(3), appropriate state, territory and Australian Government ministers were consulted. In this case, the Department of Sustainability, Environment, Water, Population and Communities consulted with all relevant state and territory ministers for the environment, conservation and agriculture. All respondents supported the proposal or had no objection provided the listing included conditions to limit the purposes for which specimens can be imported and limit imports to secure holding facilities.
In accordance with s.303EF of the EPBC Act, the assessment report was published on the Department of Sustainability, Environment, Water, Population and Communities’ website and public comments sought. One comment was received, supporting the proposal.
The Minister considered that listing this species poses a moderate risk to the Australian environment, but that the risk can be mitigated through the conditions on the listing.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Following completion of the disallowance period, the instrument will take effect on the date of publication in the Commonwealth of Australia Gazette.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the Australian environment, particularly with respect to matters of national environmental significance. This legislation aims to address the gap in the regulation of live specimen imports by specifying which species can be imported under certain conditions, thereby mitigating potential environmental risks. This legislative instrument amends the list of specimens suitable for live import under the EPBC Act by adding Aldabrachelys gigantea (Aldabra giant tortoise) to Part 2 of the list. This addition allows for the import of this species under specific conditions, such as for eligible non-commercial purposes only and only in high-security facilities. The amendment was initiated by an application under section 303EE of the EPBC Act and follows consultations with relevant state and territory ministers, as well as public consultation. The decision to amend the list was made after considering the potential environmental impacts and the appropriateness of the proposed conditions.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of entities and activities, including individuals, businesses, and government bodies, that engage in actions impacting the environment and biodiversity, particularly those involving live imports. The Act operates on a national level, impacting entities across the Commonwealth of Australia. This particular amendment to the list of specimens suitable for live import under section 303EC(1)(a) specifically targets the inclusion of Aldabrachelys gigantea, the Aldabra giant tortoise, in Part 2 of the list. This addition permits the import of this species under strict conditions, which include eligibility for non-commercial purposes and exclusion of household pets, with mandatory high-security facilities for holding these specimens. The decision to amend the list was initiated by an application under section 303EE of the EPBC Act, and it was made following comprehensive assessments of environmental impacts and consultations with relevant state and territory ministers. Public comments were also considered, with one comment supporting the proposal. The legislative instrument, once effective, allows for the controlled import of Aldabrachelys gigantea while mitigating potential environmental risks through specified conditions.
Key Provisions
The legislative instrument amends the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) by adding Aldabrachelys gigantea, commonly known as the Aldabra giant tortoise, to Part 2 of the list of specimens taken to be suitable for live import (section 303EC(1)(a)). This addition means that live specimens of this species can now be imported into Australia under specified conditions, which include the requirement that the import is for an eligible non-commercial purpose and that the specimens are housed in high security facilities only.
Under the amended list, parties or entities wishing to import Aldabrachelys gigantea must comply with these stringent conditions to ensure the protection of Australia's environment and biodiversity. The import of these tortoises is permitted solely for purposes other than as household pets, and must be conducted in facilities that meet high security standards to prevent any potential escape or ecological impact. The amendment also reflects the Minister’s consideration of environmental impact assessments and consultation with relevant state and territory ministers, as mandated by sections 303EF and 303EC(3) of the EPBC Act.
The legislative instrument imposes several obligations on the parties involved in the import of Aldabrachelys gigantea. Importers must ensure that the tortoises are imported for eligible non-commercial purposes and that they are housed in high security facilities. This includes complying with all conditions specified in the live import list and obtaining any necessary permits as required by the EPBC Act. Failure to adhere to these conditions could result in legal consequences.
In the event of a breach of the conditions set out in the amended list, there are potential civil and criminal penalties. The EPBC Act provides for offences and penalties in cases where the conditions of the import permit are not met. These penalties can include fines and, in severe cases, imprisonment. The exact penalties depend on the nature and severity of the breach, but the Act empowers the courts to impose significant sanctions to ensure compliance with environmental protection laws.
The Minister's decision to amend the live import list was informed by an assessment of the potential environmental impacts, consultation with relevant authorities, and public feedback. The amendment reflects a balanced approach, allowing for the controlled import of Aldabrachelys gigantea while mitigating any potential risks to Australia's environment. The process followed under sections 303EE and 303EF of the EPBC Act ensured that all stakeholders had an opportunity to provide input, resulting in a well-considered amendment that addresses both ecological and practical considerations.