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) (b)
(Issued under Authority of the Minister for Environment Protection, Heritage and the Arts)
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 delete Cervus nippon (Sika deer) from Part 2 of the live import list. Removing this species from the list will prohibit the import of live specimens of this species, including reproductive material.
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 the Minister under s.303EE of the EPBC Act.
In determining whether to amend the live import list to delete C. nippon, 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 paragraph 303EC(3), other appropriate state, territory and Australian Government ministers were consulted. In this case, the Department of the Environment, Water, Heritage and the Arts consulted with all relevant state and territory ministers for the environment, conservation and agriculture, and the Australian Government Department of Agriculture, Fisheries and Forestry. All respondents supported the proposal.
In accordance with s.303EF of the EPBC Act, the assessment report was published on the Department of the Environment, Water, Heritage and the Arts’ website and public comments sought. Four comments from the public were received.
The Minister considered that this species, poses an unacceptable risk to the Australian environment and its import should therefore be prohibited.
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.