List of Specimens taken to be Suitable for Live Import Amendment (domestic ferret) Instrument 2020

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to protect and conserve the environment, particularly native species, ecosystems, and heritage places. It provides a framework for managing the impacts of activities, including the import of live specimens. The List of Specimens taken to be Suitable for Live Import Amendment (domestic ferret) Instrument 2020 was introduced to address the gap in the existing legislation regarding the importation of domestic ferrets for research purposes. This legislative instrument was issued under the authority of the Minister for the Environment and was developed in response to an application under section 303EE of the EPBC Act. The policy objective of this amendment is to allow the import of domestic ferrets for research purposes, subject to stringent conditions to mitigate any potential environmental risks, such as the risk of escape and establishment in the wild. This amendment was made following a thorough risk assessment and consultation with relevant stakeholders, including state and territory agencies.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the importation of live specimens into Australia, requiring them to be listed in the List of Specimens Taken to be Suitable for Live Import (Live Import List). This list, established under section 303EB of the EPBC Act, consists of two parts: unregulated specimens exempt from the need for an import permit and regulated specimens that can be imported with a permit. The instrument in question amends this list to include Mustela putorius furo, commonly known as the domestic ferret, in Part 2, subject to the conditions of "Research only" and "High security facilities only". This amendment was initiated by an application under section 303EE of the EPBC Act and was made following a public consultation process and consultation with relevant environmental, conservation, and agricultural agencies across Commonwealth, state, and territory levels. The instrument, which is a legislative instrument under the Legislation Act 2003, commences the day after registration and is compatible with human rights as it does not raise any human rights issues.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) mandates that any live specimen imported into Australia must be included on the List of Specimens Taken to be Suitable for Live Import (Live Import List), which is divided into two parts (sections 303EB, 303EC). Part 1 includes unregulated specimens that do not require an import permit, while Part 2 includes regulated specimens that can be imported with a permit. The legislative instrument, F2020L00982, amends the Live Import List to include Mustela putorius furo (domestic ferret) in Part 2, with the conditions that it can only be imported for research purposes and must be kept in high security facilities (section 303EF(2)(b)). Entities or parties importing Mustela putorius furo into Australia must comply with these specific conditions, ensuring that the ferrets are used solely for research and are housed in high security facilities to mitigate any potential risk of escape or other environmental impacts (section 303EC). The amendment process involved a public consultation period where comments were invited and considered, and consultation with relevant agencies was undertaken to gather support for the amendment (section 303EE). The Act imposes several obligations on importers, researchers, and facility operators. Importers must ensure that the domestic ferrets are used exclusively for research and that they are kept in high security facilities. Researchers and facility operators must adhere to the conditions set forth in the amendment, which includes maintaining stringent security measures to prevent any escape of the ferrets (section 303EC). Non-compliance with these conditions could result in legal consequences. For breaches of the conditions stipulated in the amendment, the Act provides for potential civil and criminal penalties. While the exact penalties are not detailed in the explanatory statement, violations of the EPBC Act can typically result in substantial fines and, in severe cases, imprisonment. The penalties are designed to enforce compliance with the environmental protection and biodiversity conservation objectives of the Act (section 303EC).