List of Specimens taken to be Suitable for Live Import Amendment (Growling Grass Frog) Instrument 2018

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly matters of national environmental significance, and to establish a framework for the conservation of biodiversity. The Act addresses the problem of regulating the import of live specimens in a manner that protects biodiversity and ensures that such imports are conducted in a way that does not harm native species or ecosystems. The EPBC Act was introduced by the Commonwealth Parliament to provide a comprehensive legal framework for environmental protection and biodiversity conservation. The policy objective of the Act is to safeguard the environment and biodiversity by regulating activities that may impact them, including the import of live specimens. The Environment Protection and Biodiversity Conservation Act 1999 List of Specimens taken to be Suitable for Live Import Amendment (Growling Grass Frog) Instrument 2018 was issued under the authority of the Assistant Minister for the Environment. This legislative instrument was introduced to address the specific issue of allowing the import of the Growling Grass Frog (Litoria raniformis) for research purposes, subject to strict conditions. The amendment was made in response to an application under section 303EE of the EPBC Act and followed consultation with relevant agencies and the public. The instrument specifies that the Growling Grass Frog can be imported only for research purposes and must be housed in high-security facilities, thereby ensuring that the import does not pose a risk to native wildlife or the environment.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 List of Specimens taken to be Suitable for Live Import Amendment (Growling Grass Frog) Instrument 2018 amends the List of Specimens Taken to be Suitable for Live Import to include the Litoria raniformis, also known as the Growling Grass Frog, under Part 2 of the List with the specific conditions that it can only be imported for research purposes and must be housed in high-security facilities. This amendment applies to any entities or individuals seeking to import the Growling Grass Frog into Australia, and it is governed under the jurisdiction of the Commonwealth as per the EPBC Act. The amendment extends its application to any future import attempts of the species that do not meet the specified conditions. The instrument was initiated by an application under the EPBC Act and was subject to consultation with relevant agencies and a period of public comment, though no public comments were received. The instrument is compatible with human rights, as it does not engage any of the rights or freedoms declared in relevant international instruments.

Key Provisions

The primary operative sections of this instrument amend the List of Specimens Taken to be Suitable for Live Import under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (sections 303EB, 303EE, 303EC, 303EF). Specifically, section 303EB establishes the List of Specimens, with Part 1 containing unregulated specimens and Part 2 containing regulated specimens that can be imported with a permit. Section 303EE allows for the Minister to amend the List on application. Section 303EC(1)(a)(i) specifies the process for public consultation, while section 303EF(2) mandates the publication of a draft report. The instrument now includes Litoria raniformis (Growling Grass Frog) in Part 2, with the conditions "Research only. High security facilities only." The obligations imposed by this Act on the parties or entities it governs are primarily concerned with ensuring that the import of the Growling Grass Frog is restricted to research purposes in high security facilities. This means that any entity or individual wishing to import the Growling Grass Frog must adhere to these conditions strictly. The entities involved must ensure that the frog is used solely for research and that it is kept in high security facilities to prevent any escape or unauthorised handling. The Department of the Environment and Energy is responsible for overseeing these imports, ensuring compliance with the conditions set forth in the amended List. The Act imposes civil and criminal consequences for breaches of the import conditions. Under the EPBC Act, unauthorised imports of specimens can lead to significant penalties. Specifically, for contravening the import conditions, an individual can be liable to a fine of up to 120,000 penalty units or imprisonment for up to five years, or both. Additionally, corporations can face fines of up to 600,000 penalty units. These penalties underscore the seriousness of non-compliance with the import conditions for the Growling Grass Frog and highlight the importance of adhering to the high security facility requirements and research-only stipulations. The penalties serve as a deterrent against any unauthorised or improper handling of the species.