Amendment - List of Specimens Taken to be Suitable for Live Import (29/06/2007)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Parliament of Australia to address significant environmental protection and biodiversity conservation issues, aiming to safeguard Australia’s natural heritage and promote sustainable development. One of the key mechanisms within the EPBC Act is the regulation of the import of live specimens, which is managed through a list of approved species. This list is divided into two parts: Part 1 includes species exempt from import permits, while Part 2 lists species that require permits for import. Recently, the Minister for the Environment and Water Resources amended the conditions for the import of 30 species of venomous snakes listed in Part 2 of the list, allowing them to be imported for commercial venom production, subject to stringent security conditions to prevent escape and release. This amendment was made in response to an application by Venom Supplies Pty Ltd and after consultations with relevant state, territory, and federal ministers. The policy objective behind this change is to enable the commercial production of venom from these snakes while mitigating potential environmental risks.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the importation of live specimens in Australia, with specific emphasis on the importation of venomous snakes for commercial purposes. The Act applies to individuals and entities seeking to import these species, ensuring that such imports are conducted under stringent conditions that safeguard the Australian environment. This legislation particularly impacts the snake venom industry, allowing for the import of specified venomous snake species for commercial venom production, while maintaining restrictions for non-commercial purposes such as household pets and travelling exhibitions. The import conditions include high-security facility requirements to mitigate risks associated with the potential escape or release of these species. Notably, while the Commonwealth regulates the importation under the EPBC Act, State and Territory governments retain the authority to further regulate or prohibit the import of these species within their jurisdictions. This dual regulatory approach ensures a comprehensive and geographically inclusive scope, extending across Australia with potential variations based on state-specific considerations.

Key Provisions

The main operative sections of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) involved in this legislative instrument are section 303EB, which establishes the list of specimens suitable for live import, and section 303EC(e), which empowers the Minister for the Environment and Water Resources to vary or revoke the conditions attached to the inclusion of a specimen in Part 2 of this list. Under section 303EB, the list is divided into two parts: Part 1 includes species exempt from import permits, while Part 2 comprises species that require an import permit from the Department of the Environment and Water Resources. Section 303EC(e) specifically allows the Minister to amend the conditions under which these species can be imported. This Act imposes several obligations and requirements on the parties involved in the import of the specified venomous snake species. Firstly, the import of these species is permitted only if they are included in Part 2 of the list and if the import is for commercial venom production or eligible non-commercial purposes, excluding household pets. Additionally, the importation must occur under strict security provisions to prevent the release or escape of these species. State and Territory governments retain the authority to decide whether to allow or prevent the import of these species into their jurisdictions. The Act also outlines consequences for breaches of its provisions. Although specific penalties are not detailed in the explanatory statement, breaches of environmental protection laws generally can result in both civil and criminal penalties. Civil penalties can include substantial fines, while criminal penalties may include imprisonment, depending on the severity of the breach. The maximum penalties can vary widely based on the specific breach and the jurisdiction in which it occurs. In summary, the legislative instrument amends the conditions for the import of 30 species of venomous snakes listed under Part 2 of the EPBC Act to allow for commercial venom production, subject to strict security provisions. This change is made under the authority of section 303EC(e) of the EPBC Act and takes effect on the first day it is no longer liable to be disallowed. The obligations include adherence to the new import conditions and compliance with any additional requirements set by State and Territory governments. Failure to comply with the Act's provisions may result in civil or criminal penalties.