Overview

The Environment Protection and Biodiversity Conservation Act 1999, enacted by the Commonwealth Parliament, addresses the need to protect Australia's environment and biodiversity by regulating activities that may have a significant impact on matters of national environmental significance. One of the mechanisms within this Act is the establishment of a List of Specimens Taken to be Suitable for Live Import, which was intended to control the importation of live species to mitigate ecological risks. The Act was introduced to fill a legislative gap in effectively managing the introduction of potentially harmful species into Australia, thereby protecting native ecosystems and species from invasive threats. This particular legislative instrument, F2013L02079, was issued under the authority of the Minister for the Environment, Greg Hunt, to amend the live import list by adding Rhinella marina (Cane toad) to Part 2, thus requiring an import permit for research purposes only under strict security conditions. The policy objective of this amendment is to facilitate research on the evolutionary adaptation of the Cane toad in Australia while minimising the risk of introducing new genetic material that could further exacerbate their pest status.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 governs the importation of live specimens into Australia, with a specific list detailing species that can be imported under certain conditions. Under this Act, a live specimen can only be imported if it is included on the List of Specimens Taken to be Suitable for Live Import, which has two parts: Part 1 includes species exempt from the requirement for an import permit, while Part 2 includes species that necessitate an import permit. The legislative instrument F2013L02079, issued under the authority of the Minister for the Environment, adds Rhinella marina, commonly known as the Cane toad, to Part 2 of the live import list. This addition permits the import of live specimens for research purposes only, and only under high-security conditions. This amendment was prompted by an application and was made after assessing the environmental impact, with consultation from relevant state and territory ministers. The instrument, which comes into effect after registration on the Federal Register of Legislative Instruments, ensures the importation of Cane toads for research into their adaptation and potential control methods, while mitigating risks to the Australian environment.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) includes a List of Specimens Taken to be Suitable for Live Import, which is divided into two parts. Part 1 of the list comprises species exempt from the requirement for an import permit, while Part 2 comprises species that require an import permit. Section 303EB of the EPBC Act governs the creation and maintenance of this list. The live import list amendment instrument under discussion adds Rhinella marina, commonly known as the Cane toad, to Part 2 of the list (section 303EC(1)(a)). This amendment permits the import of live specimens of this species under specific conditions: research only and in high security facilities. The obligations imposed by this amendment require that any live specimens of Rhinella marina imported into Australia must be used solely for research purposes and must be housed in high security facilities. This is to mitigate any potential environmental risks associated with the introduction of this pest species. The conditions for import are strictly defined to limit the scope and purpose of the research, ensuring that any introduction of Cane toads is controlled and monitored. Failure to comply with the conditions set forth by this amendment could result in serious consequences. Under the EPBC Act, unauthorised imports can be subject to civil and criminal penalties. For example, unauthorised importation of listed species can lead to fines and imprisonment. The exact penalties can vary, but they are intended to be significant enough to deter non-compliance. Additionally, breaches of the security requirements for holding facilities could result in the revocation of the import permit and further legal action. The legislative instrument also includes a Statement of Compatibility with Human Rights, prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. This statement confirms that the amendment does not engage any of the applicable rights or freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. Consequently, the instrument is deemed compatible with human rights, as it does not raise any human rights issues. This legislative instrument will take effect on the day after its registration on the Federal Register of Legislative Instruments.