EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Instrument under section 303EC(1)(c) and (e)
(Issued under the Authority of the Minister for Sustainability,
Environment, Water, Population and Communities)
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 (live import list).
The live import list was established in accordance with section 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 purpose of this instrument is to amend the live import list pursuant to paragraph 303EC(1)(c) and (e) of the EPBC Act to update and vary items that reference species and populations listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (the Convention).
Two of the Convention listings referenced (Columba livia on Part 1, and Crotalus unicolor on Part 2) are now incorrect as they are no longer listed. The remaining proposed amendments are to vary items on Part 2 of the live import list by removing references to the Convention listings. Part 2 contains several references to specific populations listed under the Convention in the ‘conditions for import’ column. Part 2 also includes an ‘Appendix’ column that identifies the status of the species listed under the Convention and the preamble of Part 2 provides contextual information about the Appendix column.
Although the live import list and the Convention regulatory processes are complementary, they each have distinct objectives that are provided for under different sections of the EPBC Act. The aim of the Convention is to ensure that international trade in specimens of wild animals and plants does not threaten their survival. The live import list is concerned with regulating the entry of live species into Australia in order to protect the Australian environment.
Inclusion of the Convention references on the live import list creates an administrative burden to maintain the accuracy of the list for no clear benefit. The Convention species’ listings are subject to review and change and therefore the live import list needs to be changed accordingly. There is no legislative requirement to include information about the Convention listings on the live import list. People seeking up-to-date information on species listed under the Convention can obtain this from the detailed lists included on the department’s and Convention Secretariat’s websites.
Under s.303EC(3), the Minister is required to consult other Ministers as he considers appropriate. The Minister considered that it was appropriate to exercise discretion on this occasion and not consult with other ministers as the Convention is solely a Commonwealth responsibility and the amendments will result in no material change in what is allowed for import.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
This instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.
Statement of Compatibility with Human Rights
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 (Cth). This Legislative Instrument does not engage any of the applicable rights or freedoms.