EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
List of Specimens taken to be Suitable for Live Import Amendment (Three species of Scarabaeid Dung Beetle) 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 Euonthophagus crocatus, Gymnopleurus sturmi and Onthophagus marginalis spp. andalusicus (three species of Scarabaeid Dung Beetles) in Part 1.
Amendments to the Live Import List can be made either on the initiative of the Minister or by application. This amendment to add the three species of dung beetles 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 5 April 2019. Comments from five stakeholders were received and their comments were addressed in the finalised risk assessment report.
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 from 21 October to 8 November 2019. Two states and one territory responded supporting the amendment.
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 three species of Scarabaeid Dung Beetle (Euonthophagus crocatus, Gymnopleurus sturmi and Onthophagus marginalis spp. andalusicus) in Part 1 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
(Three species of Scarabaeid Dung Beetle) 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 of the List of Specimens taken to be Suitable for Live Import to include Euonthophagus crocatus, Gymnopleurus sturmi and Onthophagus marginalis spp. andalusicus (three species of Scarabaeid Dung Beetles).
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) establishes the regulatory framework for environmental protection and biodiversity conservation in Australia. This Act seeks to address the potential risks associated with the live import of species that may harm the environment, agriculture, or human health. The Act empowers the Minister for the Environment to manage and regulate the live import of specimens through a List of Specimens Taken to be Suitable for Live Import (Live Import List), which is divided into unregulated and regulated categories. The policy objective is to ensure that only those species deemed safe for import are allowed entry into Australia, thereby protecting the nation's biodiversity and ecosystems. This legislative instrument, the List of Specimens Taken to be Suitable for Live Import Amendment (Three Species of Scarabaeid Dung Beetle) Instrument 2019, was introduced to address the specific inclusion of three species of Scarabaeid Dung Beetles in the Live Import List, following a thorough risk assessment and public consultation process.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the importation of live specimens, with specific provisions outlined in the List of Specimens Taken to be Suitable for Live Import (Live Import List). This list is divided into two parts: Part 1 includes specimens exempt from the need for an import permit, while Part 2 lists specimens that can be imported with a permit. This legislative instrument amends the Live Import List by adding three species of Scarabaeid Dung Beetle—Euonthophagus crocatus, Gymnopleurus sturmi, and Onthophagus marginalis spp. andalusicus—to Part 1. The amendment was initiated by an application to the Minister, who considered the risk assessment report and consulted with relevant agencies before deciding to include these species. The instrument, once registered, will take effect the following day and is compatible with human rights, as it does not engage any applicable rights or freedoms.
Key Provisions
The key operative sections of this legislation are sections 303EC(1)(a)(i), 303EB, 303EF(2), and 303EE of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303EC(1)(a)(i) allows for the Minister for the Environment to amend the List of Specimens Taken to be Suitable for Live Import (Live Import List) under the EPBC Act. Section 303EB establishes the Live Import List, which is divided into Part 1 for unregulated specimens and Part 2 for regulated specimens that require an import permit. Section 303EF(2) mandates the publication of a draft risk assessment report and the seeking of public comments before any amendment. Section 303EE provides the process for an application to amend the Live Import List, which was used in this case to include the three species of Scarabaeid Dung Beetles.
The obligations and requirements imposed by this Act on the parties or entities it governs include the need for any live specimen to be included on the Live Import List to be legally imported. For specimens listed in Part 1, they are exempt from requiring an import permit, while those in Part 2 must be accompanied by a permit. The Minister must consider a finalised risk assessment report before making any amendments to the list, and public consultation and stakeholder feedback must be incorporated into the decision-making process. The consultation must involve relevant Commonwealth, state and territory agencies for the environment, conservation and agriculture.
The Act does not explicitly state offences, penalties, or consequences for breaches related to the inclusion of species in the Live Import List. However, unauthorised import of live specimens not listed on the Live Import List is an offence under the EPBC Act. Such breaches could result in civil or criminal penalties, including fines and imprisonment, depending on the severity of the violation. The specific maximum penalties would be governed by other sections of the EPBC Act and any relevant state or territory legislation.