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

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. This legislation was introduced to address the need for a comprehensive framework to manage and conserve Australia's biodiversity and environment, integrating ecological, social, and economic considerations. The Act was passed by the Parliament of Australia and is administered by the Minister for the Environment. The policy objective of this Act is to protect and manage Australia's biodiversity and environment through a collaborative approach involving all levels of government and stakeholders. The Environment Protection and Biodiversity Conservation Act 1999 List of Specimens taken to be Suitable for Live Import Amendment (Puma) Instrument 2020 was introduced to address a specific gap in the live import regulations concerning the Puma. This legislative instrument was initiated under the authority of the Minister for the Environment to amend the List of Specimens taken to be Suitable for Live Import, allowing for the import of Puma concolor (Puma) under strict conditions. This amendment aims to ensure that the import of Pumas is limited to eligible non-commercial purposes, excluding household pets, and that all imported specimens must be desexed to prevent breeding. The amendment process involved a public consultation period, risk assessment, and consultation with relevant agencies, ensuring that the amendment aligns with environmental protection objectives and does not pose any significant risks to Australia's biodiversity.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 List of Specimens Taken to be Suitable for Live Import Amendment (Puma) Instrument 2020 applies to the importation of live specimens of the Puma concolor, commonly known as the Puma, into Australia. This legislative instrument amends the Live Import List under Part 2, allowing for the import of desexed Pumas for eligible non-commercial purposes only, specifically excluding household pets. The amendment was initiated by an application to the Minister for the Environment and follows a process of public consultation and risk assessment to ensure the safety and environmental protection of Australia. The instrument is applicable across the Commonwealth, aligning with the broader objectives of the Environment Protection and Biodiversity Conservation Act 1999, which seeks to protect Australia's biodiversity and manage the environmental impact of activities and species introductions. This instrument does not introduce any new exclusions, exemptions, or thresholds beyond those specified for the import conditions of Pumas. The application of this amendment extends to all entities involved in the importation of live specimens, ensuring compliance with the established conditions and regulatory requirements.

Key Provisions

The main operative sections of this instrument are sections 303EB, 303EC, and 303EF of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), which establish the List of Specimens Taken to be Suitable for Live Import (Live Import List) and the procedure for amending this list (subsections 303EC(1)(a)(i) and 303EC(1)(a)(iii) are specifically referenced). The instrument amends Part 2 of the Live Import List to include Puma concolor (Puma) with specific conditions: "Eligible non-commercial purpose only, excluding household pets. Desexed specimens only." This means that Pumas can be imported for reasons other than keeping them as household pets, and they must be desexed to prevent breeding. The Act imposes certain obligations and requirements on the parties or entities it governs. Firstly, under section 303EB of the EPBC Act, a live specimen can only be imported if it is included on the Live Import List. The list is divided into two parts: Part 1 includes unregulated specimens exempt from the need for an import permit, while Part 2 includes regulated specimens that require an import permit. By amending the list to include Pumas with specified conditions, the Act now allows the import of Pumas for eligible non-commercial purposes, provided they are desexed. Secondly, the process for amending the Live Import List, as outlined in section 303EC of the EPBC Act, requires a draft risk assessment report to be published and public comments to be sought. Consultation with relevant agencies must also occur before any amendments are made. Any breaches of the provisions set out in this instrument can result in civil and criminal consequences. While specific penalties are not detailed in this instrument, breaches of the EPBC Act generally can result in substantial fines and, in some cases, imprisonment. The maximum penalties for contravening the Act can vary depending on the nature and severity of the offence. For example, unauthorised importation of a live specimen could result in fines of up to $222,200 for individuals and $1,111,000 for corporations, along with potential imprisonment terms. These penalties reflect the seriousness with which the Act treats unauthorised imports and the need to protect Australia's biodiversity. The instrument also includes a Statement of Compatibility with Human Rights, prepared in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011. This statement asserts that the Legislative Instrument is compatible with human rights, as it does not engage any of the applicable rights or freedoms recognised or declared in the international instruments listed in section 3 of the Act. The conclusion drawn is that this Legislative Instrument does not raise any human rights issues, thereby ensuring its compatibility with the recognised human rights framework.