EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
List of Specimens taken to be Suitable for Live Import Amendment
(Golden Hamster) Instrument 2021
Instrument under subparagraph 303EC(1)(a)(iv)
Issued under authority of the Minister for the Environment
Under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), a live specimen is taken to be suitable for import if it is included in the List of Specimens Taken to be Suitable for Live Import (29/11/2001) (Live Import List).
The Live Import List was established under section 303EB of the EPBC Act and has two parts. Part 1 comprises a list of unregulated specimens exempt from the requirement for an import permit under the EPBC Act. Part 1 of the Live Import List must not contain a CITES specimen. Part 2 comprises a list of allowable regulated specimens that can be imported with a permit issued by the Minister, along with notation of any restrictions or conditions attached to the inclusion of a specimen.
Subsection 303EC(1) of the EPBC Act relevantly provides that the Minister may, by legislative instrument, amend the Live Import List by:
- including items in a particular part of the list;
- deleting items from a particular part of the list;
- imposing a restriction or condition to which the inclusion of a specimen in Part 2 of the list is subject;
- varying or revoking a restriction or condition to which the inclusion of a specimen in Part 2 of the list is subject; or
- correcting an inaccuracy or updating the name of a species.
Amendments to include an item can be made either on the initiative of the Minister, under section 303ED of the EPBC Act, or by application from a person made under section 303EE of the EPBC Act.
Subsection 303EC(3) of the EPBC Act provides that before amending the list referred to in section 303EB as mentioned in paragraph 303EC(1)(a), the Minister:
- must consult each other Minister or Ministers as the Minister considers appropriate; and
- must consult each other Minister or Ministers of each State and self-governing Territory as the Minister considers appropriate; and
- may consult such other persons and organisations as the Minister considers appropriate.
The List of Specimens taken to be Suitable for Live Import Amendment (Golden Hamster) Instrument 2021 amends the Live Import List to vary the conditions for import for Mesocricetus auratus (Golden Hamster) in Part 2 by replacing them with the new conditions: Research only. High security facilities only.
This amendment to the list to change the conditions for Mesocricetus auratus was initiated by an application made to the Minister under section 303EE of the EPBC Act. An assessment of the potential impacts on the environment of the proposed amendments was reported to the Minister.
The Department of Agriculture, Water and the Environment (department) concluded that any risks of the species establishing a feral population and impacting on the environment could be adequately mitigated by limiting import of this species for research only in high security facilities, that is facilities which have been certified by the department for holding high risk vertebrate animals.
Consultation concerning the amendment to Part 2 of the Live Import List was carried out, in accordance with subsection 303EC(3) of the EPBC Act. In this case, the department consulted with relevant Commonwealth, state and territory agencies for the environment, conservation and agriculture. One response was received, supportive of the amendment and providing a factual correction.
A risk assessment report was provided to the Minister, who considered the report before deciding to amend the list to vary the conditions for Mesocricetus auratus in Part 2 of the Live Import List.
This instrument is a legislative instrument for the purposes of the Legislation Act 2003. It commences the day after registration.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Environment Protection and Biodiversity Conservation Act 1999
List of Specimens taken to be Suitable for Live Import Amendment
(Golden Hamster) Instrument 2021
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
The purpose of this instrument is to amend Part 2 of the List of Specimens taken to be Suitable for Live Import (29/11/2001) to vary the conditions of import for Mesocricetus auratus (Golden Hamster) in accordance with subparagraph 303EC(1)(a)(iv) of the Environment Protection and Biodiversity Conservation Act 1999.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
The Hon Sussan Ley MP
Minister for the Environment