List of Specimens taken to be Suitable for Live Import - Trachemys scripta

Overview

The Environment Protection and Biodiversity Conservation Act 1999 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 cohesive legislative approach to the protection of Australia's unique flora and fauna, both terrestrial and marine, as well as cultural and heritage sites. The Minister for Sustainability, Environment, Water, Population and Communities, Tony Burke, made an amendment to the Act in 2012 to further refine the regulation of live imports of vertebrate animals, specifically reptiles, under section 303EB. The policy objective of this amendment was to exclude the Red-eared Slider Turtle, also known as the Yellow-bellied Slider Turtle, from being imported for non-commercial purposes, such as private pet ownership, thereby protecting native species from potential threats posed by invasive alien species. This amendment was introduced to ensure that the import of live animals does not compromise Australia's biodiversity and ecological balance.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 applies to the protection and conservation of the environment and biodiversity across Australia. This legislation provides a framework for the Commonwealth government to regulate activities that impact the environment, including the import of live species. Specifically, section 303EB lists specimens suitable for live import, detailing the conditions under which such imports can occur. This particular amendment to the list pertains to the removal of Trachemys scripta, commonly known as the Red-eared Slider Turtle or Yellow-bellied Slider Turtle, from the list of specimens that can be imported for non-commercial purposes, excluding household pets. The amendment reflects a decision to restrict the import of this species under the specified conditions. This change will be effective from the day following its registration on the Federal Register of Legislative Instruments.

Key Provisions

The key provision of this amendment to the Environment Protection and Biodiversity Conservation Act 1999, made under section 303EB, concerns the list of specimens that are suitable for live import. Specifically, this amendment pertains to the category of vertebrate animals, reptiles, and it removes the Red-eared Slider Turtle, also known as the Yellow-bellied Slider Turtle, from the list of eligible non-commercial imports (s.303EB). This change will be effective from the day following its registration on the Federal Register of Legislative Instruments. Under the Act, the removal of the Red-eared Slider Turtle from the list imposes a specific obligation on parties attempting to import this species for non-commercial purposes. The previous stipulation that allowed the import of this turtle only for eligible non-commercial purposes, excluding household pets, is no longer applicable. Consequently, any attempt to import this species for such purposes will now be considered non-compliant with the amended provisions. The amendment to the Act does not explicitly detail any new offences or penalties for breach. However, importing a species that is not listed as suitable for live import could potentially be construed as a breach of the Act. In such cases, the Act provides for both civil and criminal penalties, which may include fines and imprisonment, depending on the severity of the breach. The specific penalties would be determined by the courts, but generally, the Act allows for fines up to $1.1 million for corporations and $220,000 for individuals, along with potential imprisonment terms for serious offences. It is important for parties involved in the import of live animals to ensure they comply with the amended list to avoid any legal repercussions. The removal of the Red-eared Slider Turtle from the list underscores the importance of adhering to the regulations governing the import of live specimens to protect biodiversity and ensure environmental sustainability.