EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Amendment to the List of Specimens taken to be Suitable for Live Import
Instrument under paragraph 303EC(1)(a)
(Issued under Authority of the Minister for the Environment)
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 section 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 require an import permit.
The effect of this instrument is to add Cebus capucinus (White-throated Capuchin monkey) to Part 2 of the list of specimens suitable for live import. Including this species in the list will allow the import of live specimens of this species under the specified conditions: Commercial filming purposes only, excluding household pets, Specimens imported cannot be capable of breeding with each other and Specimens must be re-exported at the conclusion of filming requirements
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 made to the Minister under section 303EE of the EPBC Act.
In determining whether to amend the live import list to include Cebus capucinus (White-throated Capuchin monkey), the Minister considered the outcomes of assessment reports on the potential impacts on the environment, prepared in accordance with section 303EF of the EPBC Act.
In accordance with paragraph 303EC(3) of the EPBC Act, appropriate state, territory and Australian Government ministers were consulted. In this case, the Department of the Environment consulted with all relevant ministers for the environment and agriculture (or their delegates).
Of the eight responses received initially, all supported listing if imports and keeping could be adequately managed and that listing should be subject to specific conditions to limit further importation of this species for other reasons
In accordance with section 303EF of the EPBC Act, the assessment report was published on the Department of the Environment website and public comments sought. Two comments were received from non government organisations opposing the listing on the grounds of animal welfare.
Although the species, Cebus capucinus, poses a moderate risk of becoming a pest if they were to escape containment, the Minister considered that listing the species with appropriate conditions poses little risk to the environment. 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.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive protection of the environment and biodiversity in Australia, including the regulation of live imports. This Act provides a framework for the conservation and sustainable use of Australia's biodiversity, including the establishment of a list of specimens suitable for live import. The EPBC Act is administered by the Australian Government and aims to protect native species and ecosystems from the potential threats posed by the introduction of non-native species. The inclusion of Cebus capucinus (White-throated Capuchin monkey) in Part 2 of the List of Specimens taken to be Suitable for Live Import aims to manage the risk of this species becoming a pest while allowing its import for specified commercial purposes under strict conditions. This amendment was initiated by an application and followed a thorough assessment of the environmental impacts, including consultation with relevant ministers and public comment.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment and biodiversity in Australia. Under this Act, a live specimen can only be imported if it is listed on the List of Specimens taken to be Suitable for Live Import (live import list), which has two parts: Part 1 includes species exempt from the requirement for an import permit, while Part 2 includes species that require an import permit. The legislative instrument F2015L00221 amends this list by adding Cebus capucinus, commonly known as the White-throated Capuchin monkey, to Part 2. This addition permits the import of this species under specific conditions: for commercial filming purposes only, excluding household pets, ensuring that imported specimens cannot breed with each other, and requiring re-exportation upon completion of filming. The amendment was initiated by an application under section 303EE of the EPBC Act and was subject to environmental impact assessments, consultations with relevant state, territory, and Australian Government ministers, and public comments. Despite concerns from non-government organisations regarding animal welfare, the Minister determined that listing the species with specified conditions posed minimal environmental risk. The amendment will take effect upon registration on the Federal Register of Legislative Instruments.
Key Provisions
The primary operative sections of this legislation are section 303EB, which establishes the list of specimens suitable for live import, and section 303EC, which outlines the procedure for amending this list. Under section 303EB(1), the live import list is divided into two parts: Part 1 includes species exempt from requiring an import permit, and Part 2 comprises species that do require an import permit. The amendment in question adds Cebus capucinus, also known as the White-throated Capuchin monkey, to Part 2 of this list (section 303EC(1)(a)). This addition means that live specimens of this species can only be imported under specific conditions, namely for commercial filming purposes, ensuring that the imported specimens are not capable of breeding with each other, and that they must be re-exported once the filming requirements are completed (section 303EC(2)).
The Act imposes several obligations on the parties involved. Importers of Cebus capucinus must ensure that the species is used solely for commercial filming and that no breeding occurs during their stay in Australia. Additionally, these specimens must be re-exported after their use in filming is concluded. Importers must also comply with any other conditions specified in the permit or by law (section 303EC(3)). The Act mandates that the Minister for the Environment consult with relevant state, territory, and Australian Government ministers before amending the list of specimens suitable for live import (section 303EC(3)). Furthermore, the Act requires the Minister to consider assessment reports on the potential environmental impacts of the proposed listing before making a decision (section 303EF). Public consultation is also required, with the assessment report published on the Department of the Environment’s website and comments from the public sought (section 303EF).
The legislation outlines consequences for breaches, although specific penalties are not detailed in the explanatory statement. Generally, under the Environment Protection and Biodiversity Conservation Act 1999, breaches of the provisions regarding the import of live specimens can lead to enforcement actions. These actions may include fines and other penalties as prescribed by the Act. For instance, failure to comply with the conditions for importing Cebus capucinus could result in penalties for non-compliance with permit conditions. Furthermore, any escape of these monkeys that leads to environmental harm could attract additional penalties under other sections of the EPBC Act, which may include significant fines and, in severe cases, imprisonment. The exact penalties would depend on the specific nature and severity of the breach, as well as any additional laws that may apply.