Wildlife trade and conservation
The import of live plants and animals into Australia is regulated under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). All species permitted for import into Australia are included on the list of specimens suitable for live import (the live import list). Species not identified on this list cannot be legally imported into Australia.
There are two parts to the live import list.
Part 1 contains species that can be brought into Australia without a permit from the Department of the Environment, Water, Heritage and the Arts (the Department).
Part 2 contains species that require a permit from the Department before being permitted for import into Australia. Conditions may be attached to the permit.
The inclusion of a species on the live import list allows that species to be imported as either a whole organism or as reproductive material.
Please be aware that you may require permits from other government departments before being permitted to import a live plant or animal into Australia. More information on these other requirements is provided below.
Any one, whether a member of the public, a public institution or a commercial enterprise, can apply to the Minister for the Environment, Water, Heritage and the Arts to amend the live import list to include a new species.
The purpose for applying to amend the live import list to include a new species may be either commercial or non-commercial.
Non-commercial purposes include bringing a pet into Australia from overseas, a new species for research purposes or for exhibition purposes. A full list of eligible non-commercial purpose imports can be found at s303FB of the EPBC Act.
Commercial purposes include all of the purposes not covered under s303FB, for example the import of a species for breeding and sale, aquaculture or agricultural production.
Before applying to amend the live import list to add a species, it is important for you to check the live import list to ensure that the species you wish to bring into Australia is not already on the list. This initial check will save you time if the species you are seeking to import is already identified on the list.
Due to possible confusion arising from using common names to identify a species (e.g. African cichlid or tree frog), plants and animals on the live import list are identified by their scientific name. Examples of scientific names and their corresponding common names are: Bos taurus, domestic cattle; Carassius auratus, goldfish; and Varanus komodoensis, komodo dragon.
The Department manages applications to amend the live import list to include animals. The process outlined below is relevant to applications to import new animal species into Australia.
Applications to import new species of live plants can be made to Australian Quarantine and Inspection Service (AQIS) on the New Plant Product Form. For more information on importing new plant species, contact AQIS.
The EPBC Act does not regulate the import of viruses, green algae or single celled organisms such as bacteria or protists. For information on importing these taxa, please check the email AQIS or visit the AQIS web site.
The following information is pursuant to sections 303EC (Minister may amend list), 303EF (Requirement for assessment) and 303EJ (Reviews) of the EPBC Act.
In brief, the process to amend the live import list is:
There are three documents the applicant must submit to the Department for the application to proceed to a decision. These are an application form and draft Terms of Reference that are submitted together, and a report assessing the potential impacts of the proposed import on the Australian environment.
The application form includes a number of questions that must be completed to be best of the applicant's knowledge. These questions generally require a Yes/No/Don't know response and provide important information that is not generally included in the risk assessment report.
The Terms of Reference identify the issues that must be addressed in the risk assessment report to enable the Minister to make a thorough assessment of the species proposed for import.
Draft Terms of Reference are submitted with the completed application form. If the Minister determines, these are published by the Department on the Public Notices web page for a statutory period of 10 business days for comment.
Any comments received by the Department through the public consultation period are collated and forwarded to the applicant. These comments must be considered by the applicant and the Terms of Reference amended as appropriate. The revised Terms of Reference must then be finalised to the satisfaction of the Department, on behalf of the Minister for the Environment, Water, Heritage and the Arts.
In general, if the suggested Terms of Reference are used and the application is straightforward, the draft Terms of Reference will not be published.
Due to the biological differences between groups of organisms, different application forms and suggested Terms of Reference have been developed. The different groups are:
The importation of biological control agents into Australia is regulated closely by the Australian Government Departments of the Environment, Water, Heritage and the Arts, and Agriculture, Fisheries and Forestry (DAFF). A single application form used by both Departments for the import of biological control agents can be obtained from the DAFF web site.
As noted above, the Terms of Reference identify the issues that must be addressed in the risk assessment report. It is strongly recommended that the Terms of Reference be used as subject headings in the report. This will ensure that all of the information required by the Minister to make a decision is clearly incorporated within the report.
Once the Department receives the draft report, it is published on the Public Notices web page for a minimum of 20 business days and stakeholders are invited to comment on the report. At the same time, the Minister contacts the relevant Australian Government, State and Territory Ministers advising them of the publication of the report and inviting their comments. The Minister may also consult with other organisations or individuals before making a decision to amend the list.
At the end of the consultation period the Department collates all comments received from stakeholders, and the Australian Government, State and Territory Ministers, and forwards them to the applicant. Relevant comments must be incorporated by the applicant in the final report.
The Minister will make a decision about the proposed amendment based upon the final report and the outcomes of the consultation.
If the Minister does not approve amendment to the live import list, the import of the proposed species will remain prohibited. Where this occurs, the applicant will be advised in writing of the decision.
If the Minister approves the amendment, the list will be formally amended by an instrument registered on the Federal Register of Legislative Instruments and published in the Australian Government Notices Gazette. The instrument must then be laid before each House of the Parliament within 15 sitting days after the making (signing) of the instrument. The instrument comes into effect on completion of the 15 sitting days without disallowance.
The following are a few points to assist you with preparing and presenting the report:
Persons who are dissatisfied with decisions made under Part 13A of the EPBC Act are invited to contact the Department in the first instance to discuss those decisions and, where appropriate, provide further information for the Department's consideration.
Persons dissatisfied with the handling of their case may also contact the Commonwealth Ombudsman or telephone 1300 362 072 (for the cost of a local call from anywhere in Australia) and request an investigation of the administrative actions affecting them. The Commonwealth Ombudsman's office may require that such requests be made in writing. Persons making approaches to the Commonwealth Ombudsman should also remain mindful of appeal deadlines.
Persons with legal standing may apply to the Federal Court under the Administrative Decisions (Judicial Review) Act 1977 for a judicial review of decisions made under Part 13A of the EPBC Act, providing those decisions are reviewable under that Act. In addition, persons affected by decisions under these provisions may, in the first instance, request a written statement of reasons under the Administrative Decisions (Judicial Review) Act 1977.
Every import into Australia has the potential to introduce new pests and diseases. To minimise this risk, AQIS has established a range of quarantine procedures under the Quarantine Act 1908. Before considering the import of any species you will need to contact AQIS to determine if the species is allowed for import under the Quarantine Act 1908 and if so, what other permits you will be required to obtain. Information on the AQIS procedures and requirements for live import can be found on their web site.
Every State and Territory has its own list of species it will and will not allow within its borders. Before submitting an application to the Department, you should contact the relevant authority in your State or Territory to determine if they will allow you to keep your proposed species.
Environment Protection and Biodiversity Conservation Act 1999
