List of Specimens taken to be Suitable for Live Import Amendment (red ruffed lemur) Instrument 2022

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Legislation au F2023L00037 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Environment Protection and Biodiversity Conservation Act 1999

List of Specimens taken to be Suitable for Live Import Amendment
(red ruffed lemur) Instrument 2022

Instrument under subparagraphs 303EC(1)(a)(i) and 303EC(1)(a)(iii)

Issued under authority of the Minister for the Environment and Water

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).

Legislative Background

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 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 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.

Further, subsection 303EC(5) of the EPBC Act provides that the Minister must not amend the list referred to in section 303EB by including an item in the list unless:

  • the amendment is made following consideration of a relevant report under section 303ED or section 303EE; or
  • the amendment is made following consideration of a relevant review under section 303EJ.

Purpose

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 include Varecia rubra (Red ruffed lemur) in accordance with section 303EC of the EPBC Act.

The List of Specimens taken to be Suitable for Live Import Amendment (red ruffed lemur) Instrument 2022 (the Amendment Instrument) amends the Live Import List to include Varecia rubra (red ruffed lemur) in Part 2 with the condition: Import for the purposes of conservation breeding in accordance with subsection 303FF(2).

This amendment to the list to include Varecia rubra 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, in accordance with subsection 303EE(3).

Consultation

In accordance with paragraph 303EF(2)(b) of the EPBC Act, the draft assessment report was published on the Department of Agriculture, Water and the Environment’s website and public comments sought between 17 June and 28 July 2021. No responses were received.

As the stated purpose of the import was to establish the mechanism to allow the import of red ruffed lemurs for a Zoo and Aquarium Association Australasia [ZAA] managed species population ZAA was approached for comment. ZAA advised there was no managed program for this species in Australia.

Consultation concerning the amendment to Part 2 of the Live Import List was also carried out in accordance with paragraph 303EC(3)(c) of the EPBC Act. In this case, the Department of Agriculture, Water and the Environment consulted with relevant Commonwealth, state and territory agencies for the environment, conservation and agriculture between 3 and 31 March 2022. Comments were received from the Tasmanian, Victorian, Queensland, South Australian and NSW Governments supporting the amendment provided the species is imported purely for the purposes of conservation breeding under an agreed, formalised conservation breeding program.

In light of the applicant’s stated purpose for seeking the amendment and the comments received from ZAA and the states and territories, the department concluded that any risks of the species establishing a feral population and impacting on the environment would be adequately mitigated by limiting import of this species to: Import for the purposes of conservation breeding in accordance with subsection 303FF(2).

The final 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 Varecia rubra 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
(red ruffed lemur) Instrument 2022

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 include Varecia rubra (red ruffed lemur) in accordance with section 303EC 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 Tanya Plibersek MP

Minister for the Environment and Water

 

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) serves as a crucial framework for the protection of Australia's environment, biodiversity, and heritage. It provides mechanisms for the regulation of activities that may impact the environment, including the importation of live specimens. In 2022, the Environment Protection and Biodiversity Conservation (List of Specimens Taken to be Suitable for Live Import Amendment (red ruffed lemur)) Instrument 2022 was enacted to address the need for updating the list of specimens suitable for live import to include the red ruffed lemur (Varecia rubra) under specific conditions. This amendment was introduced to facilitate the importation of this species for conservation breeding purposes in Australia, while mitigating potential environmental risks. The instrument was issued under the authority of the Minister for the Environment and Water, Tanya Plibersek, in line with the legislative requirements of the EPBC Act, ensuring thorough consultation with relevant stakeholders and states prior to its enactment. The policy objective was to balance the conservation needs of the red ruffed lemur with environmental protection considerations, allowing for controlled and monitored importation for conservation breeding programs.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) provides a framework for the protection of the environment, including the regulation of live imports. Under the EPBC Act, a live specimen is considered suitable for import if it is included in the List of Specimens Taken to be Suitable for Live Import (Live Import List). This list, established under section 303EB of the EPBC Act, is divided into two parts: Part 1, which lists unregulated specimens exempt from import permit requirements, and Part 2, which lists regulated specimens that can be imported with a permit issued by the Minister, subject to any restrictions or conditions. The Environment Protection and Biodiversity Conservation Act 1999 List of Specimens taken to be Suitable for Live Import Amendment (red ruffed lemur) Instrument 2022 amends Part 2 of the Live Import List to include Varecia rubra (red ruffed lemur) with the condition that it can only be imported for the purposes of conservation breeding in accordance with subsection 303FF(2). This amendment was initiated by an application under section 303EE of the EPBC Act and follows a public consultation period and consideration of relevant reports and reviews. The amendment is designed to mitigate any potential environmental risks by limiting the import of the species to conservation breeding programs. The instrument is a legislative instrument under the Legislation Act 2003 and is compatible with human rights as it does not engage any of the applicable rights or freedoms.

Key Provisions

The key operative sections of this instrument include section 303EC(1) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), which allows the Minister to amend the List of Specimens Taken to be Suitable for Live Import by including items, deleting items, imposing restrictions or conditions, varying or revoking existing restrictions or conditions, or correcting inaccuracies. Section 303EC(3) requires the Minister to consult relevant Ministers and authorities before making amendments, and section 303EC(5) mandates that amendments be preceded by consideration of relevant reports or reviews. This instrument specifically amends Part 2 of the Live Import List to include Varecia rubra (red ruffed lemur) with the condition that it can be imported for conservation breeding purposes, as per subsection 303FF(2) of the EPBC Act. The obligations and requirements imposed by this Act on parties and entities primarily revolve around compliance with the conditions attached to the inclusion of a species in the Live Import List. Specifically, any import of Varecia rubra must be for conservation breeding purposes and must adhere to an agreed, formalised conservation breeding program. The Act also mandates consultation with relevant stakeholders, including state and territory agencies, and the Zoo and Aquarium Association Australasia (ZAA), to ensure that any environmental risks are properly assessed and mitigated. The Minister must also consider relevant reports and reviews before making amendments to the list. There are no explicit offences or penalties detailed in this instrument. However, any breach of the conditions attached to the import of Varecia rubra could potentially lead to legal consequences under the EPBC Act. The EPBC Act includes provisions for offences related to the illegal importation of regulated specimens, which could result in civil or criminal penalties. For example, the Act provides for fines of up to $1.3 million for corporations and up to $260,000 for individuals for breaches of certain provisions. Additionally, the Act allows for imprisonment terms, which can extend up to five years for individuals and seven years for corporations, for serious offences. These penalties reflect the seriousness of environmental breaches and aim to deter non-compliance with the conservation objectives of the Act.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.