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) (a)
(Issued under Authority of the Minister for the Environment and Water Resources)
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 suitable for live import.
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 Crotalus durissus durissus (Neotropical Rattlesnake), Crotalus durissus terrificus (South American Rattlesnake, Cascabel), Cryptelytrops albolabris (White-lipped Green Pit Viper), Dendroaspis angusticeps (Common Mamba, Eastern Green Mamba), Dendroaspis polylepis (Black Mamba), Naja nigricollis (Black-necked Spitting Cobra), Naja nivea (Cape Cobra), and Protobothrops flavoviridis (Habu) to Part 2 of the list of specimens suitable for live import. Including these species in the list will allow the import of live specimens of these species under the specified conditions (Commercial venom production and eligible non-commercial purpose only, excluding household pets and travelling exhibitions. High security facilities only.).
Amendments to the list of specimens suitable for live import can be made either on the initiative of the Minister or by application. This list amendment was initiated by an application from Venom Supplies Pty Ltd under s.303EE of the EPBC Act.
In determining whether to amend the list of specimens suitable for live import to include these eight snake species, the Minister considered the outcomes of assessment reports prepared in accordance with s.303EF of the EPBC Act. Copies of the assessment reports are available at the following website: http://www.environment.gov.au/biodiversity/trade-use/invitecomment/index.html
In accordance with s.303EF of the EPBC Act, the assessment reports were published on the Department of the Environment and Water Resources website and public comments sought. No comments were received.
In accordance with paragraph 303EC(3) other appropriate state, territory and Australian Government ministers were consulted. In this case, the Department of the Environment and Water Resources consulted with all relevant state and territory ministers for the environment, conservation and agriculture, and the Australian Minister for Agriculture, Fisheries and Forestry. Eight comments were received. Four did not support the proposed amendment, three had no objection, and the remaining one had no objection if other jurisdictions were in agreement. The main concerns related to human safety.
The Minister considered that listing these species under the conditions set poses little risk to the Australian environment.
The Minister recognises that these venomous snakes could pose some risk to humans and the environment if they were to establish in Australia, but considers that under the proposed import conditions establishment is unlikely and the snakes would pose little threat to the Australian environment.
This instrument is a legislative instrument for the purposes or 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) governs the protection of the environment and biodiversity in Australia. The Act was enacted to address the need for a comprehensive framework to protect and manage Australia's natural environment and heritage. The Parliament of Australia enacted this legislation to provide a coordinated approach to environmental protection and biodiversity conservation. The policy objective of this Act is to protect and conserve Australia's biodiversity, ecological processes, and heritage, while promoting sustainable development. The explanatory statement details an amendment to the List of Specimens Taken to be Suitable for Live Import, which was made to include eight venomous snake species in Part 2 of the list, allowing their import under specific conditions. This amendment was made following an application and consideration of assessment reports, public comments, and consultation with relevant ministers. The amendment aims to balance the potential risks associated with importing these species with their potential benefits, such as commercial venom production.
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)(a) amends the EPBC Act by adding eight venomous snake species to Part 2 of the list of specimens suitable for live import. This means that live specimens of Crotalus durissus durissus, Crotalus durissus terrificus, Cryptelytrops albolabris, Dendroaspis angusticeps, Dendroaspis polylepis, Naja nigricollis, Naja nivea, and Protobothrops flavoviridis can now be imported under the specified conditions, which include commercial venom production and eligible non-commercial purposes, but excludes household pets and travelling exhibitions, and mandates high security facilities. The amendment applies to entities or individuals wishing to import these species into Australia, and to the authorities responsible for regulating such imports. The geographic reach of the Act is national, as it is an Act of the Commonwealth of Australia. The amendment does not exclude or exempt any particular entities or industries but is subject to the conditions specified, such as the requirement for high security facilities. The Act extends its application through subordinate instruments, such as the assessment reports and public consultation processes, which were followed in making this amendment.
Key Provisions
The primary provisions of this legislative instrument, issued under the authority of the Minister for the Environment and Water Resources, relate to the amendment of the list of specimens suitable for live import under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, this instrument amends the list by adding eight snake species to Part 2 (subsection 303EC(1)(a)). These species include Crotalus durissus durissus (Neotropical Rattlesnake), Crotalus durissus terrificus (South American Rattlesnake, Cascabel), Cryptelytrops albolabris (White-lipped Green Pit Viper), Dendroaspis angusticeps (Common Mamba, Eastern Green Mamba), Dendroaspis polylepis (Black Mamba), Naja nigricollis (Black-necked Spitting Cobra), Naja nivea (Cape Cobra), and Protobothrops flavoviridis (Habu). By adding these species to Part 2 of the list, the Act permits the import of live specimens of these species under specified conditions, which include commercial venom production and eligible non-commercial purposes, excluding household pets and travelling exhibitions, and require high-security facilities.
The Act imposes several obligations and requirements on the parties or entities it governs. Importers of these listed species must comply with the EPBC Act by obtaining the necessary permits and adhering to the conditions outlined for their importation. This includes ensuring that the species are imported only for approved purposes and that they are housed in high-security facilities to mitigate any potential risks to human safety and the environment. Additionally, the Minister for the Environment and Water Resources, in determining whether to amend the list, must consider the outcomes of assessment reports prepared under section 303EF of the EPBC Act and consult with relevant state, territory, and Australian government ministers. These reports were published on the Department of the Environment and Water Resources website, and public comments were sought, although none were received in this instance.
Breaches of the conditions and requirements set out in the EPBC Act and this legislative instrument can lead to various civil and criminal consequences. Offences under the EPBC Act may include unauthorised importation of live specimens, failure to comply with permit conditions, and inadequate housing or security measures. The maximum penalties for these offences can be substantial, with potential fines and imprisonment terms depending on the severity of the breach. The Act also provides for civil remedies, including the imposition of fines and the recovery of costs associated with the enforcement of the Act. The Minister’s decision to amend the list of specimens suitable for live import was made after considering public and ministerial feedback, with the primary aim of balancing the potential risks to human safety and the environment against the benefits of allowing these species to be imported under controlled conditions.