EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
List of Specimens Taken to be Suitable for Live Import Amendment 2018 (No. 4)
Instrument under subparagraph 303EC(1)(a)(i)
(Issued under Authority of the Assistant Minister for the Environment)
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 s303EB 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 Eunectes notaeus (yellow anaconda) to Part 2 of the Live Import List. Including this species on Part 2 of the Live Import List will allow the import of live specimens of this species under the specified conditions: ‘Male specimens only. Exhibition purposes only.’
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 s303EC(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 received from six jurisdictions and considered in the Department’s assessment. In accordance with s303EF of the EPBC Act, the applicant’s assessment report was published on the Department of the Environment and Energy’s website and public comments sought. No comments from the public were received.
The decision instrument is a legislative instrument for the purposes of the Legislation Act 2003. It will take effect on the day after registration.
Note: The name of this instrument was amended on registration as the instrument as lodged did not have a unique name (see subsection 10(2), Legislation Rule 2016).
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly in relation to matters of national environmental significance. The Act establishes mechanisms for the conservation of biodiversity and the sustainable use of natural resources. One specific aspect of this legislation involves the regulation of live imports of species through the Live Import List. The 2018 amendment, "Environment Protection and Biodiversity Conservation Act 1999 List of Specimens Taken to be Suitable for Live Import Amendment 2018 (No. 4)", was introduced to address a gap in the Live Import List by adding the yellow anaconda (Eunectes notaeus) to Part 2 of the List. This amendment was made following an application to the Minister under section 303EE of the EPBC Act and after consultation with relevant environmental, conservation, and agricultural agencies across Commonwealth, state, and territory levels. The policy objective of this amendment was to allow for the controlled import of yellow anacondas, specifically for exhibition purposes, under strict conditions such as limiting the import to male specimens only. The instrument, which is a legislative instrument under the Legislation Act 2003, came into effect on the day after its registration.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the import of live specimens in Australia, specifically detailing the conditions under which such imports are permissible. Pursuant to this Act, the List of Specimens Taken to be Suitable for Live Import, which is divided into two parts, outlines which species can be imported without or with a permit. This legislation applies to individuals and entities intending to import live specimens, and its reach extends nationally as it is a Commonwealth Act. This particular amendment, F2018L00507, introduces Eunectes notaeus, commonly known as the yellow anaconda, into Part 2 of the Live Import List, allowing for the import of male specimens solely for exhibition purposes. The amendment was initiated by an application under section 303EE of the EPBC Act, and appropriate consultations were held with relevant environmental agencies across Commonwealth, state, and territory levels as per section 303EC(3). The decision to amend the list is subject to the EPBC Act and will take effect on the day following its registration.
Key Provisions
The key provisions of the instrument are found within the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), which regulates the import of live specimens. Specifically, section 303EB(1) establishes the Live Import List, which consists of two parts: Part 1 lists species exempt from the requirement for an import permit, while Part 2 lists species that require an import permit for entry into Australia. This amendment adds Eunectes notaeus, commonly known as the yellow anaconda, to Part 2 of the Live Import List (section 303EB(2)). The addition of this species allows for the import of live specimens under certain conditions, specifically male specimens for exhibition purposes only (section 303EC(1)(a)(i)).
The obligations imposed by this Act primarily concern the conditions under which live specimens of Eunectes notaeus can be imported. Importers must adhere to the specified conditions outlined in the Live Import List, which in this case, are the importation of male specimens for exhibition purposes only. The Act also mandates that any application to amend the Live Import List must be made in accordance with section 303EE of the EPBC Act, which includes the requirement for consultation with relevant Commonwealth, state, and territory agencies as well as public comment periods. Section 303EC(3) and section 303EF outline the consultation and public comment processes, ensuring that all relevant stakeholders have the opportunity to provide input on proposed amendments.
The Act stipulates that any breach of the conditions set out for the import of live specimens may lead to legal consequences. The penalties for non-compliance can vary depending on the severity and intent of the breach. Under the EPBC Act, breaches of import conditions can lead to both civil and criminal penalties. Civil penalties can include fines of up to $1.1 million for corporations and $220,000 for individuals, as per section 528 of the Act. Criminal penalties can include fines of up to $300,000 for corporations and $60,000 for individuals, along with potential imprisonment terms. The exact penalties depend on the specific nature of the breach, and the courts have the discretion to impose the appropriate penalties based on the circumstances.