EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
List of Specimens taken to be Suitable for Live Import Amendment (Pygmy Hippopotamus) Instrument 2019
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 (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 of unregulated specimens exempt from the requirement for an import permit under the EPBC 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 Choeropsis liberiensis (Pygmy Hippopotamus) in Part 2 with the condition: “Eligible non-commercial purpose only, excluding household pets.”
Amendments to the Live Import List can be made either on the initiative of the Minister or by application. This amendment to add the Pygmy Hippopotamus was initiated by an application made to the Minister under section 303EE of the EPBC Act.
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 8 February and 16 March 2018. One comment supporting the amendment was received.
Consultation was also 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 between 5 and 23 November 2018. No comments were received during this round.
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 Pygmy Hippopotamus on 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
(Pygmy Hippopotamus) 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 2 of the List of Specimens taken to be Suitable for Live Import to include Choeropsis liberiensis (Pygmy Hippopotamus) 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 matters of national environmental significance, and to establish a framework for the conservation of biodiversity. This Act was introduced to address the need for a comprehensive approach to environmental protection and biodiversity conservation in Australia. The Act is administered by the Parliament of Australia, and its policy objective is to balance environmental protection with economic and social considerations. This legislative instrument, the Environment Protection and Biodiversity Conservation (List of Specimens taken to be Suitable for Live Import Amendment) (Pygmy Hippopotamus) Instrument 2019, was introduced to amend the List of Specimens taken to be Suitable for Live Import under the EPBC Act. This amendment was initiated to include the Pygmy Hippopotamus (Choeropsis liberiensis) in Part 2 of the List, subject to the condition that it be imported for eligible non-commercial purposes only, excluding household pets. The instrument was developed following a public consultation process and a risk assessment, and it is compatible with human rights as it does not engage any of the applicable rights or freedoms.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 List of Specimens Taken to be Suitable for Live Import Amendment (Pygmy Hippopotamus) Instrument 2019 amends the List of Specimens Taken to be Suitable for Live Import to include the Pygmy Hippopotamus (Choeropsis liberiensis) in Part 2 of the list, subject to the condition that the import is for an eligible non-commercial purpose only, excluding household pets. This amendment is made under section 303EC(1)(a)(i) of the EPBC Act, allowing the Minister for the Environment to initiate or respond to applications to modify the Live Import List. The amendment applies to entities and individuals involved in the import of Pygmy Hippopotamus specimens into Australia, ensuring that such imports comply with the EPBC Act by obtaining the necessary permits and adhering to the specified conditions. The instrument has a national jurisdictional reach as it is enacted under Commonwealth legislation. The instrument does not include specific exclusions beyond the condition outlined, and its application can be extended or restricted through further legislative instruments as necessary.
Key Provisions
The primary operative sections of this instrument pertain to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) and specifically relate to the List of Specimens Taken to be Suitable for Live Import (Live Import List) (sections 303EB and 303EC). Under section 303EB, the Live Import List is established and consists of two parts: Part 1, which lists unregulated specimens exempt from the requirement for an import permit, and Part 2, which includes regulated specimens that can be imported with a permit. The amendment made by this instrument adds Choeropsis liberiensis (Pygmy Hippopotamus) to Part 2 of the Live Import List, subject to the condition that it is for "eligible non-commercial purposes only, excluding household pets" (section 303EC(1)(a)(i)).
This legislative instrument imposes specific obligations on parties seeking to import the Pygmy Hippopotamus into Australia. Firstly, any party wishing to import the species must ensure that the purpose of the import aligns with the specified condition of "eligible non-commercial purpose only, excluding household pets." This requirement is crucial as it aims to prevent the use of the Pygmy Hippopotamus as a pet, thereby mitigating potential welfare issues and ensuring that the import serves a legitimate, non-commercial purpose such as scientific research or conservation. Secondly, the importer must obtain the necessary permit under the EPBC Act, demonstrating compliance with all regulatory requirements associated with the importation of regulated species.
Failure to comply with the conditions specified in this instrument can result in various consequences. Firstly, any unauthorised import of the Pygmy Hippopotamus, or any import that does not meet the specified conditions, may be considered illegal under the EPBC Act. Under section 474 of the EPBC Act, any person who contravenes the Act can be subject to a civil penalty of up to $222,200 for individuals and $1,111,000 for bodies corporate, as well as potential criminal penalties, which can include fines and imprisonment. These penalties underscore the seriousness of non-compliance and the need for strict adherence to the conditions set forth in the legislative instrument.