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.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) serves to safeguard Australia's biodiversity and natural environment. To address the potential environmental risks posed by the introduction of certain species, the Act includes a provision for a live import list, which specifies which species are exempt from or require a permit for importation. This legislative instrument, issued under the authority of the Minister for Environment Protection, Heritage and the Arts, amends the live import list by removing Cervus nippon (Sika deer) from Part 2, thereby prohibiting its importation into Australia. This amendment was prompted by an assessment of the potential environmental impacts, which concluded that the species posed an unacceptable risk. The decision to amend the list was made in consultation with relevant state, territory, and federal ministers, and after consideration of public feedback, with all respondents supporting the proposal. The legislative instrument is intended to prevent the introduction of species that could harm Australia's native ecosystems.
Scope and Application
The 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) modifies the live import list under the EPBC Act by removing Cervus nippon, commonly known as the Sika deer, from Part 2 of the list. This amendment effectively prohibits the importation of live specimens of Sika deer into Australia, including reproductive material. The Act applies to all individuals and entities intending to import live specimens of this species, thereby affecting the animal trade industry and any parties involved in the transportation or handling of such imports. Geographically, the amendment has a national reach, as it is a Commonwealth Act. The exclusion of Cervus nippon from the live import list is based on assessments that deem this species to pose an unacceptable risk to the Australian environment. The amendment was initiated by the Minister for Environment Protection, Heritage and the Arts, who consulted with relevant state and territory ministers as well as the Australian Government Department of Agriculture, Fisheries and Forestry, and received their support. Public consultation was also undertaken, with the assessment report published on the Department’s website.
Key Provisions
The key operative sections of this legislation pertain to amendments made to the list of specimens suitable for live import under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303EE allows the Minister to initiate amendments to the live import list, while section 303EF mandates that an assessment report on the potential impacts on the environment be prepared and published for public consultation. The amendment in question, which removes Cervus nippon (Sika deer) from Part 2 of the live import list, effectively prohibits the importation of live specimens of this species, including reproductive material.
The obligations imposed by this Act on the parties and entities it governs include strict adherence to the updated live import list. Under section 303EB of the EPBC Act, only species listed in the live import list are eligible for importation. By removing Cervus nippon from Part 2, the Act ensures that no live specimens of this species can be imported without a permit, which is no longer possible due to the amendment. The Minister, in making this amendment, was required to consult with relevant state, territory, and Australian Government ministers as per section 303EC(3) and to consider public comments as per section 303EF.
Failure to comply with the provisions of this Act can result in significant civil and criminal consequences. Under section 303FA of the EPBC Act, any person who contravenes the Act can be subject to fines and imprisonment. Specifically, the maximum penalty for an individual is six months imprisonment or a fine of up to $33,000, or both. For a body corporate, the maximum penalty is a fine of up to $165,000. These penalties underscore the seriousness with which the Act treats non-compliance, particularly in matters related to the protection of the environment and biodiversity.