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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 303CH

Specific conditions relating to the export or import of CITES specimens for commercial purposes

  (1)   The following table sets out the conditions mentioned in paragraphs 303CG(3)(e) and (f):

 

Specific conditions

Item

Category of specimen

Action

Specific conditions

1

CITES I

Import

(a) the proposed import would be an import from an approved CITES - registered captive breeding program in accordance with section   303FK; or

(b) the specimen is, or is derived from, a plant that was artificially propagated (section   527C).

2

CITES I

Export

(a) the specimen is not a live native mammal, a live native amphibian, a live native reptile or a live native bird; and

(b) the country to which the specimen is proposed to be exported has a relevant CITES authority, and permission to import that specimen into that country has been given by a relevant CITES authority of that country; and

(c) the proposed export would be an export from:

(i) an approved CITES - registered captive breeding program in accordance with section   303FK; or

(ii) an approved artificial propagation program in accordance with section   303FL.

3

CITES II

Import

(a) for any specimen--the country from which the specimen is proposed to be imported has a relevant CITES authority and permission to export the specimen from that country has been given by a relevant CITES authority of that country; and

(b) for a specimen that:

(i) is specified by the Minister under subsection   (2) as a declared specimen; and

(ii) is not, or is not derived from, an animal that was bred in captivity (section   527B); and

(iii) is not, or is not derived from, a plant that was artificially propagated (section   527C);

  the proposed import of the specimen would be an import from an approved commercial import program in accordance with section   303FU.

4

CITES II

Export

(a) the specimen is not a live native mammal, a live native amphibian, a live native reptile or a live native bird; and

(b) the proposed export of the specimen would be:

(i) an export from an approved captive breeding program in accordance with section   303FK; or

(ii) an export from an approved artificial propagation program in accordance with section   303FL; or

(iia) an export from an approved cultivation program in accordance with section   303FLA; or

(iii) an export in accordance with an approved wildlife trade operation (section   303FN); or

(iv) an export in accordance with an approved wildlife trade management plan (section   303FO).

5

CITES III

Import

The country from which the specimen is proposed to be imported has a relevant CITES authority, and permission to export the specimen from that country has been given by a relevant CITES authority of that country.

6

CITES III

Export

(a) the specimen is not a live native mammal, a live native amphibian, a live native reptile or a live native bird; and

(b) the proposed export of the specimen would be:

(i) an export from an approved captive breeding program in accordance with section   303FK; or

(ii) an export from an approved artificial propagation program in accordance with section   303FL; or

(iia) an export from an approved cultivation program in accordance with section   303FLA; or

(iii) an export in accordance with an approved wildlife trade operation (section   303FN); or

(iv) an export in accordance with an approved wildlife trade management plan (section   303FO).

  (2)   The Minister may, by notifiable instrument, specify a specimen as a declared specimen for the purposes of subparagraph   (b)(i) of item   3 of the table in subsection   (1).

Note:   Notifiable instruments must be registered under the Legislation Act 2003 , but they are not subject to parliamentary scrutiny or sunsetting under that Act.


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