EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Instrument under section 303EC(1)(a)
(Issued under the Authority of the Minister for the Environment)
Under the Environment Protection and Biodiversity Conservation Act 1999, 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 Environment Protection and Biodiversity Conservation Act 1999 and has two Parts. Part 1 comprises species exempt from the requirement for an import permit under the Act. Part 2 comprises species that require an import permit.
The effect of this instrument is to add Dasyprocta leporina (Brazilian Agouti) to Part 2 of the live import list. Including this species in the list will allow the import of live specimens under the specified conditions: Eligible non-commercial purpose only, excluding household pets.
The Brazilian Agouti is a large South American rodent and the imports are proposed for the purpose of exhibition in zoos.
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.
In determining whether to amend the live import list to include Dasyprocta leporina, the Minister considered the outcomes of an assessment report on the potential impacts on the environment, prepared in accordance with s.303EF of the Environment Protection and Biodiversity Conservation Act 1999.
In accordance with paragraph 303EC(3) of the Environment Protection and Biodiversity Conservation Act 1999, other appropriate state, territory and Australian Government ministers were consulted. In this case, the Department of the Environment consulted with all relevant state and territory ministers for the environment and primary industries (or their delegates).
Of the six comments received, five respondents supported the proposed listing, provided conditions are applied to limit the purpose of import and containment of specimens. The other respondent opposed the proposal on the basis of a previous risk rating and because the import offers no conservation value.
In accordance with s.303EF of the Environment Protection and Biodiversity Conservation Act 1999, the assessment report was published on the Department of the Environment website and public comments sought. No comments were received from members of the public.
Although this species poses a moderate threat to the Australian environment if it was to escape containment, the Minister considered that listing the species with conditions limiting import purpose poses little risk.
This instrument is a legislative instrument for the purposes of 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
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Environment Protection and Biodiversity Conservation Act 1999
Amendment - List of Specimens taken to be Suitable for Live Import – s.303EB
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.
Overview of the Legislative Instrument
The purpose of this instrument is to amend the List of Specimens Taken to be Suitable for Live Import to include Dasyprocta leporina on Part 2 of the list. The amendment will allow import of live specimens of Dasyprocta leporina for eligible non-commercial purposes, excluding household pets.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
Greg Hunt
Minister for the Environment