EXPLANATORY STATEMENT

Environment Protection and Biodiversity Conservation Act 1999

Instrument under section 303EC(1)(a)

(Issued under the Authority of the Minister for the Environment)

Under the Environment Protection and Biodiversity Conservation Act 1999, 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 s.303EB of the Environment Protection and Biodiversity Conservation Act 1999 and has two Parts. Part 1 comprises species exempt from the requirement for an import permit under the Act. Part 2 comprises species that require an import permit.

The effect of this instrument is to add Rhinella marina (Cane toad) to Part 2 of the live import list.  Including this species in the list will allow the import of live specimens under the specified conditions: Research only. High security facilities only.

The Cane toad is an established, serious pest in Australia. The proposed research aims to compare the characteristics of toads that have adapted to the Australian environment and conditions, to those from the original source populations. The aim for this research is to use the comparison to better understand the evolution of the toad since coming to Australia and potentially determine new methods to reduce their numbers within Australia.

Rhinella marina is commonly known by the synonym Bufo marinus and is referred to in many publications under that name.

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.

In determining whether to amend the live import list to include Rhinella marina, the Minister considered the outcomes of an assessment report on the potential impacts on the environment, prepared in accordance with s.303EF of the Environment Protection and Biodiversity Conservation Act 1999. 

In accordance with paragraph 303EC(3) of the Environment Protection and Biodiversity Conservation Act 1999, other appropriate state, territory and Australian Government ministers were consulted. In this case, the Department of the Environment consulted with all relevant state and territory ministers for the environment and primary industries (or their delegates).

Although there were some initial concerns about the risks of importing new cane toads, no respondents opposed the proposal provided the listing included conditions to limit imports to research only and to ensure the security of holding facilities.

In accordance with s.303EF of the Environment Protection and Biodiversity Conservation Act 1999, the assessment report was published on the Department of the Environment website and public comments sought.  Two comments were received from members of the public, one supporting the proposed amendment, and the other opposing it.

Although this species poses a threat to Australian ecosystems, particularly due to the potential threat posed by the introduction of new genetic material, the Minister considered that listing the species with conditions limiting import purpose and security of holding facilities poses little risk to the Australian 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.

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Environment Protection and Biodiversity Conservation Act 1999

Amendment - List of Specimens taken to be Suitable for Live Import – s.303EB

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.

Overview of the Legislative Instrument

The purpose of this instrument is to amend the List of Specimens Taken to be Suitable for Live Import to include Rhinella marina on Part 2 of the list. The amendment will allow import of live specimens of Rhinella marina into secure facilities for research purposes.

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

Greg Hunt

Minister for the Environment