EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
List of Specimens taken to be Suitable for Live Import Amendment (Silvery Marmoset) 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 Mico argentatus (Silvery Marmoset) 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 Silvery Marmoset 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 19 July and 14 September 2018. Two comments supporting the amendment were 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 10 September and 11 October 2019. Two comments supporting the amendment 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 Silvery Marmoset 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
(Silvery Marmoset) Instrument 2019
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 Mico argentatus (Silvery Marmoset) 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 Sussan Ley MP
Minister for the Environment
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a comprehensive framework to protect and conserve Australia’s environment, including its biodiversity and significant heritage places. This Act empowers the federal government to regulate activities that may have a significant impact on matters of national environmental significance. The EPBC Act aims to ensure the protection of the environment through the regulation of activities that may adversely affect listed threatened species, their habitats, and ecological communities. The Act establishes a system for the assessment and approval of activities that may impact the environment, including the importation of live specimens. Under this Act, a live specimen can only be imported if it is included on the List of Specimens Taken to be Suitable for Live Import (Live Import List). This legislative instrument, the List of Specimens Taken to be Suitable for Live Import Amendment (Silvery Marmoset) Instrument 2019, was introduced to address the inclusion of the Silvery Marmoset (Mico argentatus) in Part 2 of the Live Import List, subject to specific conditions. This amendment was initiated by an application to the Minister for the Environment, and following a public consultation process and a review of the risk assessment report, the Minister decided to amend the list to include the Silvery Marmoset with the condition of "Eligible non-commercial purpose only, excluding household pets." This legislative instrument was enacted by the Minister for the Environment under the authority of the EPBC Act and is compatible with human rights, as it does not raise any human rights issues.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 List of Specimens Taken to be Suitable for Live Import Amendment (Silvery Marmoset) Instrument 2019 pertains to the regulation of live specimens for import into Australia, specifically amending the List of Specimens Taken to be Suitable for Live Import under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This legislative instrument adds the Silvery Marmoset (Mico argentatus) to Part 2 of the Live Import List, subject to the condition that it can only be imported for eligible non-commercial purposes, excluding household pets. This amendment applies nationally across Australia, affecting any entities or individuals seeking to import Silvery Marmosets into the country. The instrument is a legislative instrument under the Legislation Act 2003 and comes into effect the day after registration. The amendment process involved public consultation and consideration of a risk assessment report, ensuring that the addition to the Live Import List is made with due regard to environmental and conservation concerns.
Key Provisions
The main operative sections of the "Environment Protection and Biodiversity Conservation Act 1999 List of Specimens Taken to be Suitable for Live Import Amendment (Silvery Marmoset) Instrument 2019" are sections 303EC, 303ED, 303EE, and 303EF, which pertain to the amendment process of the Live Import List under the EPBC Act. Section 303EC(1)(a)(i) establishes the criteria for amending the List, while section 303EC(5)(a) confirms that the Minister considers the risk assessment report before making any amendments. Section 303EE allows for applications to be made to amend the List, and section 303EF mandates the publication of the draft risk assessment report and the solicitation of public comments. These sections together ensure a structured and transparent process for updating the Live Import List to include new specimens like the Silvery Marmoset.
The Act imposes several obligations and requirements on the parties involved in the import of live specimens. Under section 303EB of the EPBC Act, only specimens listed on the Live Import List are eligible for import. For specimens in Part 2 of the List, an import permit must be obtained, adhering to the conditions specified. For the Silvery Marmoset, the import is restricted to "Eligible non-commercial purposes only, excluding household pets," which means that it cannot be imported for personal pet ownership. Additionally, the Act requires the Minister to consult with relevant agencies and consider public feedback during the amendment process, as outlined in sections 303EC(3) and 303EF(2). This ensures that the decision to include a new species on the List is well-informed and transparent.
In terms of offences, penalties, or civil/criminal consequences for breaches of the EPBC Act, the specific provisions related to the import of live specimens are not detailed in the instrument itself. However, generally, under the EPBC Act, unauthorised imports of live specimens can lead to criminal penalties, including fines and imprisonment. For example, section 477 of the EPBC Act outlines penalties for contravening the Act, which can include fines of up to $222,200 for individuals and $1,111,000 for corporations, as well as imprisonment for up to five years. These stringent measures underscore the importance of complying with the regulations governing the import of live specimens to protect biodiversity and prevent ecological harm.
This instrument, being a legislative instrument under the Legislation Act 2003, comes into effect the day after registration. It is designed to ensure that the amendment to the Live Import List is implemented in a timely and legally sound manner. The inclusion of the Silvery Marmoset in Part 2 of the List with specific conditions aims to balance the need for regulating imports to protect biodiversity while allowing for legitimate non-commercial purposes. The thorough consultation process and public feedback mechanism reflect the Act's commitment to transparency and stakeholder engagement. Overall, the instrument adheres to the legislative framework established by the EPBC Act and ensures that any amendments to the Live Import List are made with due consideration of ecological and public health concerns.