List of Native Household Pet Animals (29/11/2001)

Overview

The Environment Protection and Biodiversity Conservation Act 1999, enacted by the Commonwealth Parliament, addresses the need for comprehensive protection of the nation's biodiversity, including native species that may be suitable as household pets. This legislative instrument, titled "List of Native Household Pet Animals," was introduced to provide clarity and regulation around which native species could be kept as pets, ensuring that their conservation status is safeguarded. The policy objective of this instrument, established by David Kemp, the Minister for the Environment and Heritage, is to maintain the ecological balance by controlling the pet trade of native species and preventing over-exploitation in the wild. The list provided in the instrument specifies certain native bird species, such as the Sulphur-crested Cockatoo and the Galah, that are permitted to be kept as household pets. This instrument came into effect on 11 January 2002, formalising the legal framework for the domestication and trade of these native species within Australia.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, through its legislative instrument F2007B00190, specifies a list of native household pet animals. This list applies to any individual or entity engaged in the keeping, trade, or transportation of the listed animals within Australia. The Act encompasses various species of cockatoos and other native birds, including the Sulphur-crested Cockatoo, Galah, Little Corella, Long-billed Corella, Cockatiel, and Budgerigar. The geographical scope of this Act is national, applying across the Commonwealth of Australia. There are no explicit exclusions or exemptions noted in this specific instrument; however, broader provisions of the Act may provide for certain exclusions or exemptions depending on the context of the activity. The application of the Act can be extended or restricted through subordinate instruments, thereby allowing for the inclusion or exclusion of additional species or modification of existing regulations. This legislative instrument came into effect on 11 January 2002.

Key Provisions

The main operative sections of this legislative instrument (F2007B00190) establish a specific list of native household pet animals under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303FG(4) allows the Minister for the Environment and Heritage to designate certain native species as suitable for keeping as household pets. This legislative instrument names several bird species that can be kept as pets, including the Sulphur-crested Cockatoo (Cacatua galerita), Galah (Cacatua roseicapilla), Little Corella (Cacatua sanguinea), Long-billed Corella (Cacatua tenuirostris), Cockatiel (Nymphicus hollandicus), and Budgerigar (Melopsittacus undulatus). The list is effective as of 11 January 2002. The Act imposes specific obligations on parties or entities involved in the keeping of these native animals. Firstly, it establishes a legal framework that recognises these bird species as permissible for domestication and keeping as household pets. This provides clarity and legal authority for individuals and entities wishing to keep these native birds as pets. Secondly, the Act likely imposes conditions or requirements for the humane treatment, care, and housing of these animals to ensure their welfare and prevent any detrimental impact on their populations in the wild. The legislation does not explicitly state any offences, penalties, or consequences for breach within the legislative instrument itself. However, the broader provisions of the EPBC Act do include mechanisms for enforcement and penalties for non-compliance with environmental and biodiversity protection laws. These could potentially include fines, imprisonment, or both, depending on the nature and severity of the breach. For example, under section 474 of the EPBC Act, a person found guilty of an offence against the Act could face a fine of up to $222,200 for an individual or $1,111,000 for a body corporate, or imprisonment for up to five years, or both. These penalties underscore the importance of adhering to the provisions of the Act and ensuring the welfare of native species.