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Supplementary Information Paper: Non-Indigenous Animals

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Supplementary Information Paper: Non-Indigenous Animals BIOSECURITY ACT 2016 Supplementary Information Paper: Non-Indigenous animals May 2016 (c) NSW Department of Primary Industries Published May 2016 For more information See: www.dpi.nsw.gov.au/biosecurityact Email: [email protected] Ref: INT16/40339 © State of New South Wales through the Department of Industry, Skills and Regional Development, 2016. You may copy, distribute and otherwise freely deal with this publication for any purpose, provided that you attribute the NSW Department of Primary Industries as the owner. Disclaimer: The information contained in this publication is based on knowledge and understanding at the time of writing (May 2016). However, because of advances in knowledge, users are reminded of the need to ensure that information upon which they rely is up to date and to check currency of the information with the appropriate officer of the Department of Primary Industries or the user’s independent adviser Supplementary Information Paper: Non-Indigenous animals Summary The Biosecurity Act 2015 will repeal the Non-Indigenous Animals Act 1987, which provides regulatory controls and powers to manage the introduction, movement and keeping of certain non-indigenous (exotic) animals in NSW. This paper follows on from the previous Discussion paper: Non-Indigenous animals published in December 2015 and provides further details about proposals for the implementation of the Biosecurity Act 2015. Following the principle that biosecurity is a shared responsibility, these developments have been informed by submissions received from various stakeholders and the draft report on pest animal management in NSW published by the Natural Resources Commission (NRC) on 31 March 2016. Background Information Consultation Consultation on discussion papers across a range of biosecurity issues concluded on 12 February 2016. Three animal pest discussion papers were prepared covering the management of widespread pest animals, non-indigenous animals and wild dogs and 71 submissions were received on this topic. Total submissions received per topic Animal… 88 Aquatic… 18 Plant… 43 Weeds 59 Animal Pests 71 0 10 20 30 40 50 60 70 80 90 100 The majority of submissions on the topic of animal pests came from the community. Animal Pests Stakeholder Response (71 submissions) Industry 24% Community 55% Govt 21% In addition to the public consultation process, NSW DPI has been meeting with key stakeholder organisations, including the Non-Indigenous Animals Advisory Committee and the NRC. Further consideration will be given to the recommendations in the final report of the NRC review of pest animal management in NSW once available. 3 NSW Department of Primary Industries, April 2016 Supplementary Information Paper: Non-Indigenous animals Proposed management under the NSW Biosecurity Act Prohibited Dealings Schedule 3 of the Biosecurity Act 2015 (the Act) prohibits dealings with certain non-indigenous animals. The wording used in the Act reflects terms that are currently used in the Non- Indigenous Animals Act 1987 with regard to how these animals are classified and the rules around keeping them. Under the Act a “dealing” includes things such as, but not limited to; keeping, having possession, care , custody or control of, importing or acquiring, buying or selling, releasing, breeding and displaying biosecurity matter (i.e. an animal). When the Act commences, the Non-Indigenous Animals Act 1987 and the current categories of non-indigenous animals will no longer exist. To simplify arrangements, Schedule 3 of the Act will be amended to remove reference to these categories and instead include a list of animals to which the prohibited dealings provisions apply. It is proposed to define a prohibited dealing in the Act as any dealing with a non-indigenous animal that is a mammal, bird, reptile or amphibian, including the eggs or semen, or other living stage, of any such animal, and that is either: • listed in Appendix 1 or Appendix 2 below; or • not listed in Appendix 3 below. Appendix 1 sets out the non-indigenous animals that will be prohibited from being kept, moved or dealt with in NSW. This appendix includes the current Non-Indigenous Animals Act 1987 category 1a non-indigenous animals (animals of extreme pest potential, the importation and keeping of which is generally not permitted). Dealings will not be permitted for the non- indigenous animals on this list under any circumstances. Appendix 2 sets out the non-indigenous animals that will generally be prohibited from being kept, moved or dealt with in NSW. This appendix includes the current Non-Indigenous Animals Act 1987 category 2 and 3a non-indigenous animals. Dealing with a non-indigenous animal that is currently kept under the Non-Indigenous Animals Act 1987 or the National Parks and Wildlife Act 1978 will be permitted as will dealings for: • exhibition purposes if the animal is to be kept at an animal display establishment (within the meaning of the Exhibited Animals Protection Act 1986) authorised by a licence under that Act • research purposes if the person keeping the animal: a) is accredited as an animal research authority under the Animal Research Act 1985 b) holds an animal research authority under the Animal Research Act 1985 c) holds an animal supplier’s licence under the Animal Research Act 1985. Appendix 3 sets out the non-indigenous animals that are currently considered to be widespread pest species, domesticated species or bird species managed by keepers as per the Compliance guide for exotic birds in Australia. This appendix includes the current Non-Indigenous Animals Act 1987 category 4 non-indigenous animals (animals that would be unlikely to present a threat to the environment, agriculture or persons or greatly worsen an existing threat if they escaped into the wild, the importation and keeping of which are not restricted) and category 5 non- indigenous animals (animals that are already widespread pests and which, if they escaped into the wild, would be unlikely to greatly worsen an existing threat). The keeping or dealing with non- indigenous animals on this list will generally be permitted however some keeping and 4 NSW Department of Primary Industries, April 2016 Supplementary Information Paper: Non-Indigenous animals movement restrictions are proposed for a number of widespread pest animals such as wild rabbits, feral pigs and European red foxes (see Discussion Paper: Management of Widespread Pest Animals). The General Biosecurity Duty requires any person dealing with biosecurity matter (e.g. birds or other animals) or a carrier of biosecurity matter and who knows or ought to know of the biosecurity risk associated with that activity (e.g. keeping birds or other animals) to take measures to prevent, minimise or eliminate the risk as far as is reasonably practicable. This duty applies to all species on the list in Appendix 3. Mandatory Measures may be set out in the regulations that will require persons to take specified actions with respect to certain animals. For example, subject to the Government response to the NRC review of pest animal management in NSW, it is likely that there will be mandatory measures that prohibit the movement and release of feral pigs and European red foxes which are currently declared pests under the Local Land Services Act 2013. The current Non-Indigenous Animals Act 1987 category 1b non-indigenous animals (animals that have not been classified as belonging to any particular category, the importation and keeping of which is generally not permitted) will also be prohibited from being kept, moved or dealt with in NSW under the Act. These animals are not listed in Schedule 3 of the Act and are therefore by default, prohibited from being kept, moved or dealt with in NSW. For example, there are no non-indigenous cetacean mammals (whales and dolphins) listed on appendix 1 or 2, and while it is highly unlikely that anyone would seek to deal with one of these, their absence from appendix 1, 2 and 3 will ensure that to do so would be prohibited. A summary of the proposed revised classifications is at Appendix 4. Section 7 of the Act (General definitions) adopts the definition of non-indigenous animal from the Non-Indigenous Animals Act 1987 as an animal not native to Australia before European settlement. However, for the purposes of describing a prohibited dealing in Schedule 3 the definition of non-indigenous animal has been limited so that it does not inadvertently capture non-indigenous fish and any non-indigenous invertebrate animals. This is consistent with the animals currently regulated under the Non-Indigenous Animals Act 1987 and the intent of the prohibited dealings and registration provisions that were outlined when the Biosecurity Bill was before Parliament. The management and regulation of non-indigenous animals will continue to be made with consideration to published risk assessments such as the Bureau of Rural Sciences risk assessment model (Bomford 2008), which has been endorsed by the Vertebrate Pests Committee (now the national Invasive Plants & Animals Committee). For this reason, new species have been included in the Appendices to this paper for consistency with the latest threat assessment list endorsed by the national Invasive Plants and Animals Committee. Generally speaking, assessment of the biosecurity risk posed by a non-indigenous animal (that has not previously established a wild population in Australia) involves an analysis of the risk that the species will escape containment, establish a wild-living population and have an adverse impact on the economy, environment or community assets. However, where there is lack of full scientific certainty, the precautionary principle will be used where it is considered that the species may represent a significant biosecurity threat. Animal species not listed in Appendix 2 and Appendix 3 would need a full risk assessment to determine the risk posed by the species before they could be considered for permitted keeping in NSW under the Act.
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