EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Amendment to the List of Specimens Taken to be Suitable for Live Import
in accordance with paragraph 303EC (1) (a)
(Issued under Authority of the Minister for Sustainability, Environment, Water, Population and Communities)
Under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), a live specimen is allowed to be imported only if it is included on the list of specimens taken to be suitable for live import (live import list).
The list was established in accordance with s.303EB of the EPBC Act and has two Parts. Part 1 comprises species exempt from the requirement for an import permit under the EPBC Act. Part 2 comprises species that can be imported with a permit under the EPBC Act.
The effect of this instrument is to add Ambystoma mexicanum (Axolotl) to Part 2 of the list of specimens suitable for live import. Including this species in the list will allow the import of live specimens of this species under the specified conditions (Research only. High security facilities only).
Amendments to the live import list can be made either on the initiative of the Minister or by application. This list amendment was initiated by an application made to the Minister under s.303EE of the EPBC Act.
In determining whether to amend the live import list to include A. mexicanum, the Minister considered the outcomes of assessment reports on the potential impacts on the environment, prepared in accordance with s.303EF of the EPBC Act.
In accordance with s.303EC(3), appropriate state, territory and Australian Government ministers were consulted. In this case, the Department of Sustainability, Environment, Water, Population and Communities consulted with all relevant state and territory ministers for the environment, conservation and agriculture, and the Australian Government Department of Agriculture, Fisheries and Forestry. All respondents supported the proposal or had no objection provided the listing included conditions to limit import purposes and security of holding facilities.
In accordance with s.303EF of the EPBC Act, the assessment report was published on the Department of Sustainability, Environment, Water, Population and Communities’ website and public comments sought. One comment from the public was received, relating to quarantine.
The Minister considered that listing this species poses little risk to the Australian environment.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Following completion of the disallowance period, the instrument will take effect on the date of publication in the Commonwealth of Australia Gazette.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. This Act was introduced to address the need for a comprehensive framework to manage environmental impacts at a national level, including the regulation of activities that might harm the environment. The EPBC Act is administered by the Australian Government and aims to ensure that the environment is protected and biodiversity is conserved. This legislative instrument amends the list of specimens suitable for live import under the EPBC Act by adding Ambystoma mexicanum (Axolotl) to Part 2, allowing for its importation under specific conditions. The amendment was made following an application to the Minister, who considered environmental impact assessments and consulted with relevant stakeholders. The decision to amend the list was supported by all relevant state and territory ministers, and the proposal was published for public comment, with concerns about quarantine addressed in the final decision.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the importation of live specimens within Australia and mandates that such imports must be included on the list of specimens deemed suitable for live import. This legislative instrument amends the live import list by adding Ambystoma mexicanum, commonly known as the Axolotl, to Part 2, which pertains to species that can be imported with a permit under the EPBC Act. This amendment permits the import of live specimens of this species under specified conditions, limited to research purposes and only in high security facilities, thereby addressing potential environmental risks. The decision to amend the list was initiated by an application to the Minister, who subsequently considered the outcomes of assessment reports on the potential environmental impacts, consulted relevant state, territory, and Australian government ministers, and published the assessment report for public comment. The instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003 and will take effect after the disallowance period following its publication in the Commonwealth of Australia Gazette.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) has been amended to include Ambystoma mexicanum, commonly known as the Axolotl, in Part 2 of the list of specimens suitable for live import. This means that the import of live Axolotls into Australia is now permitted, provided certain conditions are met (s.303EB). Specifically, the import is allowed for research purposes only and must occur in high security facilities (s.303EC(1)(a)). The decision to amend the list was made following an application under section 303EE of the EPBC Act, and the Minister took into account assessment reports on the environmental impacts, as required by section 303EF. The amendment was also subject to consultation with relevant state, territory, and Australian government ministers (s.303EC(3)), and the proposal was published online for public comment, receiving one comment related to quarantine concerns.
Entities or individuals wishing to import live Axolotls into Australia must adhere to the conditions specified in the amended live import list. This includes ensuring that the import is for research purposes only and that the specimens are housed in high security facilities. Importers must comply with the EPBC Act's requirements for importing live specimens, including obtaining the necessary permits and adhering to quarantine regulations (s.303EC(1)). They must also ensure that the Axolotls are handled and transported in a manner that minimises the risk of introducing diseases or pests into Australia (s.303EF). Additionally, importers should be aware of and comply with any other relevant state or territory laws and regulations governing the import and handling of live animals.
Failure to comply with the provisions of the EPBC Act and the amended live import list can result in various consequences. Civil and criminal penalties may apply for breaches of the Act, including fines and imprisonment. The maximum penalties for contravening the EPBC Act can be significant, depending on the nature and severity of the offence (s.545). For example, the maximum penalty for illegally importing a live specimen can be a fine of up to $330,000 or imprisonment for up to five years, or both (s.545(1)(a)). In addition to these penalties, importers may also face legal action from the government or affected parties for any harm caused by non-compliance with the Act and its regulations. It is essential for importers to understand and adhere to the requirements of the EPBC Act and the amended live import list to avoid these potential consequences.