EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Amendment to the List of Specimens taken to be Suitable for Live Import
Instrument under subparagraphs 303EC (1)(a)(i) and (a)(ii)
(Issued under Authority of the Minister for the Environment and Energy)
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 taken to be suitable for live import (Live Import List).
The Live Import List was established in accordance with s.303EB of the EPBC Act and has two Parts. Part 1 comprises species exempt from the requirement for an import permit under the EPBC Act. Part 2 comprises species that can be imported with a permit under the EPBC Act.
The effect of this instrument is to add Eudyptes pachyrhynchus (Fiordland crested penguin) to Part 2 of the list of specimens suitable for live import. Including this species in the list will allow the import of live specimens of this species under the specified conditions: Eligible non-commercial purpose only, excluding household pets
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 made to the Minister under section 303EE of the EPBC Act.
Consultation was carried out in accordance with s.303EC(3). In this case, the Department of the Environment and Energy consulted with relevant commonwealth, state and territory agencies for the environment, conservation and agriculture. Comments were considered in the Department’s assessment.In accordance with s.303EF of the EPBC Act, the recommendation report was published on the Department of the Environment and Energy’s website and public comments sought. No comments from the public were received.
This instrument is a legislative instrument for the purposes of the Legislation Act 2003. It will take effect on the day after registration.
Overview
The Environment Protection and Biodiversity Conservation Amendment (List of Specimens Suitable for Live Import) Instrument 2017 (F2017L00022) amends the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) by adding the Fiordland crested penguin (Eudyptes pachyrhynchus) to the list of specimens taken to be suitable for live import. This amendment was made in response to an application under section 303EE of the EPBC Act, allowing for the import of this species under specified non-commercial conditions, excluding household pets. The amendment process involved consultation with relevant federal, state, and territory agencies, and a recommendation report was published for public comment, though no comments were received. The instrument aims to ensure that the import of this species complies with Australia’s environmental protection and biodiversity conservation objectives, and it will come into effect on the day following its registration.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) sets the legal framework for the conservation and protection of Australia's biodiversity and heritage. Under this act, the Minister for the Environment and Energy is empowered to regulate the importation of live specimens through the Live Import List, which has two parts: Part 1 lists species exempt from requiring an import permit, while Part 2 includes species that can be imported with a permit. This legislative instrument amends the Live Import List to add Eudyptes pachyrhynchus, commonly known as the Fiordland crested penguin, to Part 2. The amendment allows for the import of this species under specific conditions, which include only eligible non-commercial purposes, excluding household pets. The amendment was initiated by an application to the Minister, and thorough consultation with relevant commonwealth, state, and territory agencies for the environment, conservation, and agriculture was conducted. Following this consultation and consideration of the public comments received, the recommendation report was published on the Department of the Environment and Energy’s website. As a legislative instrument under the Legislation Act 2003, this amendment will take effect on the day after its registration.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) mandates that live specimens can only be imported if they are listed in the Live Import List (sections 303EB and 303EC(1)(a)). This list has two parts: Part 1 includes species that do not require an import permit, while Part 2 lists species that can be imported with a permit. The recent amendment adds Eudyptes pachyrhynchus (Fiordland crested penguin) to Part 2 of the list, allowing its import under specific conditions. These conditions include only eligible non-commercial purposes, excluding household pets.
The Act imposes certain obligations on parties or entities involved in the import of live specimens. The Minister for the Environment and Energy has the authority to initiate amendments to the Live Import List or consider applications from interested parties (section 303EE). In this case, the amendment was application-driven, following a formal application under section 303EE of the EPBC Act. The Department of the Environment and Energy was required to consult with relevant Commonwealth, state, and territory agencies, as stipulated by section 303EC(3). Public consultation was also necessary, as outlined in section 303EC(3), which includes publishing a recommendation report and seeking public comments. In this instance, no comments were received from the public.
Violation of the conditions set out in the EPBC Act regarding the import of live specimens can lead to various legal consequences. While specific offences and penalties are not detailed in this instrument, breaches of the EPBC Act can generally result in both civil and criminal penalties. Civil penalties may include fines and other monetary penalties as prescribed by the Act or related legislation. Criminal penalties could potentially include imprisonment, particularly if the breach is deemed to be of a serious nature. The exact penalties depend on the specifics of the offence and the discretion of the court. The instrument is a legislative instrument under the Legislation Act 2003 and will come into effect the day after registration.