Commonwealth Numbered Regulations - Explanatory Statements

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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION AMENDMENT REGULATIONS 2001 (NO. 3) 2001 NO. 327

STATUTORY RULES 2001 No. 327

ISSUED BY AUTHORITY OF THE MINISTER FOR THE ENVIRONMENT AND HERITAGE

Environment Protection and Biodiversity Conservation Act 1999

Environment Protection and Biodiversity Conservation Amendment (Wildlife Protection) Act 2001

Environment Protection and Biodiversity Conservation Regulations 2000 (No. 181)

Environment Protection and Biodiversity Conservation Amendment Regulations 2001 (No. 3)

The Environment Protection and Biodiversity Conservation Amendment (Wildlife Protection) Act 2001 (the Amendment Act) was given Royal Assent on 11 July 2001. The Amendment Act amends the Environment Protection and Biodiversity Conservation Act 1999 (the Act) to insert wildlife trade provisions in a new part, Part 13A. The new wildlife trade provisions will enter into effect on 11 January 2002. In most cases, where the provisions allow for Regulations, those Regulations will need to be in place by 11 January 2002 in order to ensure the smooth operation of the provisions.

Subsection 520(1) of the Act provides that the Governor-General may make regulations prescribing all matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Item 82 of Schedule 1 of the Amendment Act provides that the Governor-General may make provision for matters of a transitional nature in relation to the amendments made by Part 1 of the Schedule.

The purpose of the Regulations is to provide additional detail to the wildlife trade provisions in the new Part 13A of the Act. The Regulations will ensure that regulatory requirements are clear and comprehensive, and in line with Australia's current policy and international obligations.

The Regulations will apply to individuals and companies importing or exporting wildlife or wildlife products regulated under new Part 13A of the Act. The Regulations will provide for:

•       Conditions for the import and export of wildlife and wildlife products, including the export of native wildlife, the import and export of species protected under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), and the import of live plants and animals;

•       Conditions relating to animal welfare requirements for mammals, amphibians, reptiles and birds;

•       Standards and requirements for a range of procedures under the Wildlife Protection Amendment Act, such as: permit applications; amendment of lists of regulated species; and approvals of different types of programs and operations, such as captive breeding programs, artificial propagation programs, aquaculture programs, and a range of wildlife management plans and operations;

•       Details relating to record-keeping and forms;

•       Permit fees;

•       Cross-references to new definitions in the Act;

•       Transitional matters; and

•       Insert a power to delegate powers and functions of the Minister, Secretary and Director of National Parks under the Environment Protection and Biodiversity Conservation Regulations 2000.

There have been no changes in fee levels from the previous Regulations, and no imposition of new fees.

Details of the Regulations are set out in the Attachment.

The Regulations will commence on 11 January 2002.

Attachment

The Regulations are as follows:

Regulation 1 - Name of Regulations

This provides that the name of the Regulations is the Environment Protection and Biodiversity Amendment Regulations 2001 (No. 3).

Regulation 2 - Commencement

This provides for the Regulations to commence on 11 January 2002.

Regulation 3 - Amendment of Environment Protection and Biodiversity Conservation Regulations 2000

This provides for Schedule 1 to amend the Environment Protection and Biodiversity Conservation Regulations 2000.

Schedule 1 - Amendments

Amendment 1 inserts new Regulations 8.13 and 8.14 into the principal Regulations. Regulations 8.13 and 8.14 outline the specific conditions under which parts of cetaceans may be imported or exported as a personal item.

Regulation 8.13 applies to subparagraph 238 (3)(d)(11) of the Act. Regulation 8.14 applies to subparagraph 238(3)(e)(ii) of the Act.

Amendment 2 inserts new Regulations 9A.01-9A.25 into the principal Regulations.

Regulation 9A.01 sets out conditions which must be met in order for the Minister to determine that a specimen to be exported or imported can be taken to be part of a registered, noncommercial exchange of scientific specimens between scientific organisations. This Regulation applies to subsections 303CC(3), 303CD(5) and 303DD(4).

Regulations 9A.02 and 9A.03 set out conditions under which a specimen listed in Schedule 4A to be exported or in Schedule 4B, imported, can be taken to be a personal or household effect. Regulation 9A.02 applies to subsection 303CD(3) of the Act. Regulation 9A.03 applies to subsection 303CC(6) of the Act.

Regulation 9A.04 relates to the import of CITES 11 specimens under paragraph 303CD(4)(c) of the Act. The Regulation specifies particular species and all species in particular taxa listed on Appendix II to CITES.

Regulation 9A.05 sets out conditions for animal welfare requirements for mammals, amphibians, reptiles and birds. This Regulation applies to paragraphs 303CG(3)(c), 303DG(4)(b), 303EN(3)(e), 303FN(3))(c), 303FO(3)(f) of the Act.

Regulation 9A.06 prescribes particulars of applications. Regulation 9A.06(1) applies to paragraphs 303CK(1)(a), 303DJ(1)(a) and 303EQ(1)(a) of the Act. Regulation 9A.06(2) applies to paragraphs 303CIC(1)(b), 303DJ(1)(b) and 303EQ(1)(b) of the Act.

Regulation 9A.07 sets out conditions under which an application for amendment of list of specimens suitable for live import must be made. This Regulation applies to subsection 303EE(1) of the Act.

Regulation 9A.08 prescribes that a specification of an extension of time must be published on the Internet on the Department of the Environment and Heritage website for paragraph 303EG (2)(b).

Regulation 9A.09 specifies conditions for export or import for the purposes of research. This Regulation applies to paragraphs 303FC(1)(d) and (2)(d) of the Act.

Regulation 9A.10 specifies conditions for export or import for the purposes of education. This Regulation applies to paragraphs 303FD(1)(c) and (2)(c) of the Act.

Regulation 9A.11 specifies conditions for export or import for the purposes of exhibition. This Regulation applies to paragraphs 303FE(1)(c) and (2)(c) of the Act.

Regulation 9A.12 specifies the conditions that must met for the Minister to be satisfied that a program is an approved cooperative conservation program. This Regulation applies to paragraphs 303FF(1)(c) and (2)(c) of the Act.

Regulation 9A.13 sets out conditions for the export or import of household pets. This Regulation applies to paragraphs 303FG(1) and (2) of the Act.

Regulation 9A.14 sets out conditions for the export and import of personal items. This Regulation applies to paragraphs 303FH(1)(c) and 303FH(2)(c) of the Act.

Regulation 9A.15 sets out conditions for export or import for the purposes of a travelling exhibition. This Regulation applies to paragraphs 303FI(1)(b) and 303FI(2)(b) of the Act.

Regulation 9A.16 sets out when a program may be taken to be an approved captive breeding program. This Regulation applies to subsection 303FK(1) of the Act.

Regulation 9A.17 sets out when a program may be taken to be an approved CITES-registered captive breeding program. This Regulation applies to subsections 303FK(2) and (3) of the Act.

Regulation 9A.18 sets out when a program may be taken to be an approved artificial propagation program. This Regulation applies to section 303FL of the Act.

Regulation 9A.19 sets out when a program may be taken to be an approved aquaculture program. This Regulation applies to section 303FM of the Act.

Regulation 9A.20 sets out when an operation may be taken to be a market-testing, small-scale or developmental operation. This Regulation applies to paragraphs 303FN(10)(a)-(c) of the Act.

Regulation 9A.21 sets out when a program may be taken to be an approved commercial import program. This Regulation applies to section 303FU of the Act.

Regulation 9A.22 sets out the conditions under which a record of the change in possession of a thing seized under the Act must be made. This Regulation applies to paragraph 303GR(1)(a) of the Act.

Regulation 9A.23 specifies details that must be recorded on a form for a person arriving in Australia or an external Territory. This Regulation applies to section 303GU of the Act.

Regulation 9A.24 specifies the conditions that must be met for a live animal to be taken to have been bred in captivity. This Regulation applies to section 527B of the Act.

Regulation 9A.25 sets out the circumstances that constitute artificial propagation. This Regulation applies to section 527C of the Act.

Amendments 3-5

Amendments 3-5 incorporate in Part 17 - Permits, of the principal Regulations, provisions relating to pen-nits under Part 13A of the Act.

Amendment 6

Amendment 6 incorporates in Part 17 - Permits, of the principal Regulations, provisions relating to offences under the Act or the Regulations.

Amendment 7-8

Proposed Amendments 7-8 incorporate in Part 17 - Permits, of the principal Regulations, provisions relating to permits under Part 13A of the Act.

Amendment 9-11

Amendments 9-11 incorporate in Part 18 - Permit Fees, of the principal Regulations, provisions relating to permit fees under Part 13A of the Act.

Amendment 12

Amendment 12 inserts new Regulation 19.01A into the principal Regulations. Proposed Regulation 19.01A provides for powers and functions of the Minister, Secretary and Director under the regulations to be delegated. This new Regulation is modelled on the powers of delegation in section 515 of the Act.

Amendment 13

Amendment 13 outlines transitional Regulations relating to the amendment of the list of specimens suitable for live import under Part 13A of the Act.

Amendment 14

Amendment 14 inserts:

•       Schedule 4A, which lists CITES specimens that are taken to be personal or household effects for export under subsection 303CC(6) of the Act; and

•       Schedule 4B, which lists CITES specimens that are taken to be personal or household effects. for import under subsection 303CD(3) of the Act.

Amendment 15

Amendment 15 inserts a table of fees applicable to permits issued under Part 13A of the Act.

Amendments 16-27

Amendments 16-27 insert into the Dictionary of the principal Regulations, cross-references to definitions in the Act.