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 Heritage)
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 need 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 Spheniscus demersus (African Penguin), to Part 2 of the list of specimens suitable for live import with the conditions: eligible non-commercial purpose only, excluding household pets; and high security facilities only.
Including this species in the list will allow the Minister or his delegate to issue permits for the import of live specimens of S. demersus. The purpose of importing this species into Australia is for exhibition in zoos.
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 UnderWater World – Sunshine Coast Pty Ltd under s.303EE of the EPBC Act.
In determining whether to amend the list of specimens suitable for live import to include S. demersus, the Minister considered the outcomes of an assessment report prepared in accordance with s.303EF of the EPBC Act. Copies of the assessment report are available at the following website: http://www.deh.gov.au/biodiversity/trade-use/invitecomment/p-demersus.html.
In accordance with s.303EF of the EPBC Act, the assessment report was published on the Department of the Environment and Heritage website and 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 Heritage consulted with all state and territory ministers for the environment and the Australian minister for Agriculture, Fisheries and Forestry. Of the eight comments received, two supported the proposed amendment, five had no objection while the remaining response did not explicitly support or oppose the import of S. demersus into Australia.
The Minister considered that listing with the conditions of ‘eligible non-commercial purposes only’ and ‘high security facilities only’ imposed, the import of these species poses little risk 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) serves as a critical piece of legislation in Australia, addressing the need to protect and conserve the nation's biodiversity and environment. The Act, enacted by the Australian Parliament, aims to provide a comprehensive framework for the protection of the environment, including native species and ecosystems, from the impacts of developments and activities. The EPBC Act was introduced to address the gap in effective protection of the environment, biodiversity, and heritage places, ensuring that these are safeguarded against significant impacts resulting from proposed actions. This legislative instrument, in particular, amends the List of Specimens Taken to be Suitable for Live Import, enabling the inclusion of Spheniscus demersus (African Penguin) in Part 2 of the list, subject to specific conditions. This addition was made following an assessment report and consultations with relevant state, territory, and Australian government ministers, with the objective of facilitating the non-commercial import of African Penguins for exhibition in zoos while ensuring minimal environmental risk.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Amendment to the List of Specimens Taken to be Suitable for Live Import, specifically addresses the addition of Spheniscus demersus (African Penguin) to Part 2 of the list, subject to certain conditions. This amendment applies to any entity or individual seeking to import live specimens of the African Penguin into Australia for non-commercial purposes, excluding household pets, and mandates that these imports occur only in high security facilities. The legislative amendment is issued under the authority of the Minister for the Environment and Heritage and is applicable nationally, affecting all states and territories within Australia. The amendment is designed to regulate and control the importation of this species to mitigate any potential environmental risks, ensuring it is conducted in a manner that safeguards Australia's biodiversity. The amendment was initiated by an application and follows a rigorous assessment process as outlined in the EPBC Act, including public consultation and consultation with relevant state, territory, and Australian Government ministers.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) has been amended to include Spheniscus demersus (African Penguin) in the list of specimens suitable for live import (s.303EB). This species is now included in Part 2 of the list, which requires an import permit, subject to certain conditions. Specifically, the import of live African Penguins is permitted only for eligible non-commercial purposes, excluding household pets, and must be conducted in high security facilities (s.303EC(1)(a)). This amendment aims to allow the Minister or their delegate to issue permits for the import of live African Penguins, primarily for exhibition purposes in zoos.
The obligations imposed by this Act on parties or entities are quite stringent. Any entity wishing to import live African Penguins must ensure that the import is for non-commercial purposes and is conducted in facilities that meet high security standards. These facilities must be capable of providing the necessary care and containment to prevent any risk to the environment or public health. The importer must also obtain the requisite permit from the Minister and adhere to all conditions stipulated in the permit.
Breaching the conditions of the permit or failing to comply with the requirements of the EPBC Act can lead to serious consequences. Under the EPBC Act, individuals or entities may face substantial penalties for non-compliance. For instance, contravening the conditions of an import permit could result in fines up to the maximum prescribed by the Act, and in severe cases, imprisonment. Additionally, any harm caused to the environment due to non-compliance can lead to further civil or criminal liability, including restitution for environmental damage. These measures are in place to ensure that the import of live specimens is conducted in a manner that safeguards Australia's biodiversity and ecosystems.