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.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. This Act was introduced to address the need for a comprehensive framework to manage and conserve Australia's biodiversity and environment, including regulating the import of live species to prevent any potential threats to native ecosystems. The Act is administered by the Parliament of Australia, with specific amendments and regulations being introduced to refine and update the legislative provisions as needed. In this context, the policy objective is to ensure that the import of live species into Australia is managed in a way that safeguards the nation's biodiversity and natural environment. The explanatory statement outlines amendments to the live import list under the EPBC Act, specifically addressing the references to species listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). These amendments aim to remove outdated and incorrect references to ensure the administrative accuracy and efficiency of the regulatory process without any adverse impact on the environment.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the importation of live specimens into Australia, which are subject to specific regulations detailed in the List of specimens suitable for live import (live import list). This list is divided into two parts: Part 1 includes species exempt from the need for an import permit, while Part 2 lists species that require a permit for importation. The live import list is intended to regulate the entry of live species to safeguard the Australian environment. This legislative instrument amends the live import list to remove references to species listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), which are no longer applicable. Specifically, it removes references to Columba livia from Part 1 and adjusts entries in Part 2 by eliminating references to CITES listings, as the Convention's species listings are subject to change and maintaining these references creates unnecessary administrative burdens. This instrument applies to individuals and entities seeking to import live specimens into Australia and operates under the Commonwealth jurisdiction. The amendments aim to streamline the regulatory process without altering the fundamental import restrictions, and they came into effect on the day following their registration on the Federal Register of Legislative Instruments.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the importation of live specimens into Australia, and these live specimens must be included on the List of specimens suitable for live import (live import list) (s.303EB). The list has two parts: Part 1 includes species exempt from the need for an import permit, and Part 2 includes species that can be imported with a permit (s.303EC). The legislative instrument under s.303EC(1)(c) and (e) amends the live import list by removing incorrect references to species listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (the Convention) and varying items on Part 2 by removing references to the Convention listings.
The obligations under the EPBC Act for the parties and entities it governs include ensuring that any live specimens imported comply with the live import list. Importers and exporters must ensure that the species they wish to import or export are included on the live import list and meet any conditions or requirements specified therein. For Part 1 species, an import permit is not required, while Part 2 species require a permit that meets the conditions set out in the list. The amendments to the list aim to streamline the regulatory process by removing outdated or incorrect references to Convention listings that no longer apply.
Failure to comply with the provisions of the EPBC Act regarding the importation of live specimens can result in civil and criminal penalties. Under s.509 of the EPBC Act, an individual can be fined up to AUD 5.5 million or imprisoned for up to five years, or both, for offences related to the unauthorised import or export of live specimens. For corporate entities, the maximum penalty can be even higher, up to AUD 27.5 million (s.510). Additionally, breaches of the live import list conditions can result in fines or other civil penalties as specified in the Act.
The legislative instrument ensures that the live import list remains accurate and up-to-date, reducing administrative burdens and aligning with the objectives of the EPBC Act. The amendments remove references to Convention listings that are no longer applicable, making the regulatory process more efficient. Parties and entities governed by the Act must stay informed about the live import list and comply with its requirements to avoid penalties. The compatibility statement confirms that the legislative instrument does not engage any of the applicable rights or freedoms recognised or declared in the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011 (Cth).