EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999 - Paragraph 303EC (1) (e)
Amendment of the List of Specimens that are taken to be suitable for live import.
(Issued under Authority of the Minister for the Environment and Water Resources)
Under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) a live specimen may only be imported if it is included on the list of specimens that are taken to be suitable for live import (the 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 need for an import permit from the Department of the Environment and Water Resources. Part 2 comprises species that can be imported with a permit from the Department of the Environment and Water Resources.
The following 30 species of venomous snakes, Bitis gabonica, B. nasicornis, Boiga dendrophila, Bothriechis schlegelii, Bothrops alternatus, Crotalus adamanteus, C. atrox, C. basiliscus basiliscus, C. durissus unicolour, C. Lepidus, Demansia papuensis, Glyphodon tristis, Laticauda colubrine, L. crockery, L. laticaudata, L. schistorhynchus, Loveridgelaps elapoides, Naja haje, N. melanoleuca, N. naja, Ophiophagus hannah, Oxyuranus scutellatus, Parapistocalamus hedigeri, Pseudechis papuanus, Pseudonaja textilis, Salomonelaps par, Sistrurus catenatus tergeminus, Tropidolaemus wagleri, Unechis nigrostriatus and Vipera russellii currently appear on Part 2 of the list because they were permitted for import under the previous legislation, Wildlife Protection (Regulation of Exports and Imports) Act 1982. The conditions on the import of these species is primarily for eligible non-commercial purposes, excluding household pets.
The effect of this instrument is to amend the import conditions to allow these 30 snakes to be imported for commercial venom production. Under section 303EC(e), the Minister for the Environment and Water Resources can vary or revoke a condition to which the inclusion of a specimen in Part 2 is subject.
On 18 October 2006, an application was made by Venom Supplies Pty Ltd, to amend the conditions for import for the above 30 species of snake, to allow for commercial venom production.
In accordance with paragraph 303EC(3) other appropriate State, Territory and Australian Government ministers were consulted. In this case, the Department of the Environment and Water Resources consulted with all State and Territory ministers for the environment and the Australian Minister for Agriculture, Fisheries and Forestry. Of the comments received, Western Australia and Queensland opposed the amendment while Victoria and South Australia supported the amendment. No comments were received from New South Wales, Tasmania, the Australian Capital Territory or the Northern Territory. Opposition to amending the import conditions was based on several concerns including that amending the conditions will increase the numbers of specimens held within Australia and the risk of escape and that no formal risk assessment has been undertaken.
The Minister considered that with appropriate import conditions, including security provisions in place to prevent the release or escape these specimens, their import for commercial venom production poses little risk to the Australian environment.
The conditions to be attached to these specimens are: “Commercial venom production and eligible non-commercial purpose only, excluding household pets and travelling exhibitions.
High security facilities only.”
In addition State and Territory Governments will reserve the right to prevent, or allow, the import of these species into their respective states and territories.
In accordance with paragraph 303EC(1)(e) of the EPBC Act, the effect of this instrument is to change the import conditions for the earlier noted 30 species of snake on Part 2 of the list.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
This change will take effect on the first day on which it is no longer liable to be disallowed.