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 Arctocephalus forsteri (New Zealand Fur Seal) and Arctocephalus tropicalis (Sub-Antarctic Fur Seal) 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.

Arctocephalus forsteri and Arctocephalus tropicalis are species that both occur naturally in Australian waters. This list amendment will allow for the import of specimens of these species for exhibition in zoos, and potentially for research or education purposes.

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 Arctocephalus forsteri and Arctocephalus tropicalis, the Minister considered the outcomes of assessment reports 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 five comments received, four 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 because they consider that the benefits do not outweigh the risks.

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.

These species are considered to poses a low threat to the Australian environment and the Minister considered that listing the species with conditions limiting import purpose poses negligible 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 Arctocephalus forsteri and Arctocephalus tropicalis on Part 2 of the list. The amendment will allow import of live specimens of Arctocephalus forsteri and Arctocephalus tropicalis 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