Amendment - List of Specimens Taken to be Suitable for Live Import (05/02/2008)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the Australian environment, particularly in relation to matters of national environmental significance. This Act was introduced to address the need for a unified approach to environmental protection, encompassing both terrestrial and marine ecosystems, as well as cultural heritage and biodiversity. The EPBC Act is administered by the Australian Parliament, aiming to safeguard the environment from significant impacts of proposed actions by regulating activities that may affect the environment. This legislative instrument, issued under the authority of the Minister for the Environment, Heritage and the Arts, seeks to amend the list of specimens suitable for live import under the EPBC Act by adding nine Antarctic fish species to Part 2 of this list. This amendment, initiated by an application and subject to consultation with relevant state and territory ministers, was made in light of assessment reports that found the import of these species under specified conditions poses little risk to the Australian environment.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the import of live specimens in Australia, and specifies that such imports are permissible only if the species in question is included on a designated list. The Act applies to individuals and entities seeking to import live specimens, and its jurisdiction extends across the Commonwealth of Australia. The list of specimens suitable for live import is divided into two parts: Part 1 includes species exempt from the need for an import permit, while Part 2 comprises species that require a permit for import. This legislative instrument amends the list by adding nine Antarctic fish species to Part 2 of the list of specimens suitable for live import, enabling their importation under specified conditions, namely for eligible non-commercial purposes only, excluding household pets, and only through high-security facilities. The amendment was initiated by an application under section 303EE of the EPBC Act, and the Minister considered assessment reports and consultations with relevant state and territory ministers before approving the amendment. The instrument will become effective on the first day it is no longer subject to disallowance.

Key Provisions

The main operative sections of this legislation pertain to the amendment of the list of specimens suitable for live import under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303EB outlines the two parts of the list: Part 1 includes species exempt from the need for an import permit, while Part 2 includes species that require a permit for importation. Section 303EC(1)(a) allows for the amendment of this list, either at the Minister's initiative or via an application under section 303EE. The current amendment adds nine Antarctic fish species to Part 2 of the list, permitting their import under specific conditions (s.303EC(1)(a)). This means these species can now be imported for eligible non-commercial purposes, excluding household pets, but only through high-security facilities. The Act imposes several obligations on the parties involved. For instance, any entity or individual wishing to import these specified fish species must ensure compliance with the conditions outlined in the Act, such as importing only for eligible non-commercial purposes and using high-security facilities. The Minister, under section 303EF, must consider the outcomes of assessment reports before making any amendments to the list. These reports are to be prepared in accordance with the Act and must be published on the Department of the Environment and Water Resources website, inviting public comments. Additionally, consultation with relevant state, territory, and Australian Government ministers is required, as stipulated in paragraph 303EC(3). In this case, the Department of the Environment, Water, Heritage and the Arts consulted with all relevant ministers, and all comments received supported the proposal or had no objections. Breaches of the provisions outlined in the EPBC Act can lead to various consequences. While the specific penalties are not detailed in this explanatory statement, the Act generally provides for both civil and criminal penalties for non-compliance. Civil penalties can include fines, while criminal penalties might include imprisonment, depending on the severity of the breach. The exact penalties are usually specified in other sections of the Act, which are not detailed here but are available for review by legal professionals. The Act's enforcement mechanisms aim to ensure that the environmental protections it seeks to uphold are not undermined by illegal activities related to the importation of live specimens.