EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
List of Specimens taken to be Suitable for Live Import Amendment (Okapi) Instrument 2018
Instrument under subparagraph 303EC(1)(a)(i)
Issued under authority of the Minister for the Environment
Under the Environment Protection and Biodiversity Conservation Act 1999 (the 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 under section 303EB of the EPBC Act and has two parts. Part 1 comprises unregulated specimens exempt from the requirement for an import permit under the Act. Part 2 comprises allowable regulated specimens that can be imported with a permit under the EPBC Act.
The effect of this instrument is to:
- amend the Live Import List to include Okapia johnstoni (Okapi) in Part 2 with the condition: “Eligible non-commercial purpose only, excluding household pets.”
- update the text under the heading ‘Plants’ in Part 1 and Part 2 of the List to amend references to the former Quarantine Act 1908 to refer to the Biosecurity Act 2015; and to clarify text referring to the list of CITES specimens under the EPBC Act.
Amendments to the Live Import List can be made either on the initiative of the Minister or by application. This amendment to add the Okapi was initiated by an application made to the Minister under section 303EE of the EPBC Act.
Consultation was carried out in accordance with subsection 303EC(3) of the EPBC Act. In this case, the Department of the Environment and Energy consulted with relevant Commonwealth, state and territory agencies for the environment, conservation and agriculture. The comments received were considered in the Department’s assessment and all supported amending the Live Import List to include the Okapi with the listing condition of: “Eligible non-commercial purpose only excluding household pets.”
In accordance with subsection 303EF(2) of the EPBC Act, the draft risk assessment report was published on the Department of the Environment and Energy’s website and public comments sought between 1 November and 29 November 2017. One public comment supporting the amendment was received.
The final risk assessment report was provided to the Minister. In accordance with paragraph 303EC(5)(a) of the EPBC Act, the Minister considered the report before deciding to amend the list to include the Okapi in Part 2 of the Live Import List.
The updating of the ‘Plants’ text reflects the repeal of the Quarantine Act 1908 by the Biosecurity (Consequential Amendments and Transitional Provisions) Act 2015 on 16 June 2016.
The ‘Plants’ text reference to the “list of CITES specimens under this Act” has been amended to indicate that the Act referred to is the Environment Protection and Biodiversity Conservation Act 1999.
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
(Okapi) Instrument 2018
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 1 and Part 2 of the List of Specimens taken to be Suitable for Live Import to modify the text under the Plants headings and to include Okapia johnstoni (Okapi) in Part 2 of the List with the condition: “Eligible non-commercial purpose only excluding household pets”.
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 Melissa Price MP
Minister for the Environment
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. The Act was introduced to address the need for a comprehensive framework to manage environmental impacts across Australia. This legislative instrument, the List of Specimens taken to be Suitable for Live Import Amendment (Okapi) Instrument 2018, was issued under the authority of the Minister for the Environment and amends the List of Specimens Taken to be Suitable for Live Import, a component of the EPBC Act, to include Okapia johnstoni (Okapi) in Part 2 with a specified condition of "Eligible non-commercial purpose only, excluding household pets." Additionally, the instrument updates references to align with the Biosecurity Act 2015, replacing references to the former Quarantine Act 1908, and clarifies references to the list of CITES specimens under the EPBC Act. The amendments were made following consultations with relevant agencies and a public comment period, ensuring broad stakeholder engagement in the process.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 List of Specimens Taken to be Suitable for Live Import Amendment (Okapi) Instrument 2018 pertains to the addition of Okapia johnstoni (Okapi) to Part 2 of the Live Import List under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This instrument specifies that the import of live Okapi specimens is permitted only for eligible non-commercial purposes, excluding household pets. The amendment also involves updating references in the List to reflect the repeal of the Quarantine Act 1908 and its replacement by the Biosecurity Act 2015, as well as clarifying references to the list of CITES specimens under the EPBC Act. This legislative instrument applies to individuals and entities involved in the import of live specimens, specifically targeting the Okapi species within the framework of the EPBC Act. The geographic and jurisdictional reach of this amendment is nationwide, applying to all states and territories in Australia. The instrument does not explicitly state exclusions or thresholds but is subject to conditions specified within the EPBC Act. Further extensions or restrictions may be implemented through subordinate instruments under the authority of the Minister for the Environment.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) establishes a framework for the protection of the environment and biodiversity. A key provision of this Act is the List of Specimens taken to be Suitable for Live Import (Live Import List), which is divided into two parts: Part 1 includes specimens that are unregulated and exempt from the need for an import permit, while Part 2 includes regulated specimens that can be imported with a permit (sections 303EB(1) and (2)). The recently amended instrument (F2018L01400) introduces significant changes to this list. Firstly, it adds Okapia johnstoni (Okapi) to Part 2, subject to the condition that it is for "Eligible non-commercial purpose only, excluding household pets" (section 303EE). Secondly, it updates references to the former Quarantine Act 1908 to reflect the current Biosecurity Act 2015 and clarifies references to the list of CITES specimens under the EPBC Act.
Under the EPBC Act, entities and individuals involved in the import of live specimens must comply with the provisions of the Live Import List. For Okapia johnstoni, this means that any import must be for a non-commercial purpose and cannot be for use as a household pet. Importers must obtain the necessary permits and ensure that the import conditions are met to avoid legal repercussions. The update to the 'Plants' text ensures that all references to the Biosecurity Act 2015 are accurate and reflect the current legislative framework. This alignment is crucial for maintaining compliance and ensuring that the import process is transparent and regulated effectively.
The instrument also outlines the consequences of non-compliance with the amended Live Import List. Any breach of the conditions specified for the import of Okapia johnstoni could result in civil or criminal penalties. Under the EPBC Act, unauthorised imports of regulated specimens can lead to fines and imprisonment. The maximum penalties for contravening the Act can be substantial, reflecting the seriousness with which the law treats environmental protection and biodiversity conservation. Importers who fail to comply with the conditions for importing Okapia johnstoni may face legal action, including fines of up to $222,200 for individuals and $1,111,000 for corporations, as well as potential imprisonment for up to five years (section 516). These stringent penalties are designed to deter non-compliance and uphold the integrity of Australia’s environmental laws.