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 the Environment and Water Resources)
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 suitable for live import.
The list was established in accordance with s.303EB of the EPBC Act and has two Parts.
Part 1 comprises species exempt from the need 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 Anopheles stephensi (mosquito), to Part 2 of the list of specimens suitable for live import with the conditions: research only, high security facilities only.
Including this species in the list will allow the Minister or his delegate to issue permits for the import of live specimens of A. stephensi. The purpose of importing this species into Australia is for laboratory research.
Amendments to the list of specimens suitable for live import can be made either on the initiative of the Minister or by application. This list amendment was initiated by an application from the Walter and Eliza Hall Institute of Medical Research under s.303EE of the EPBC Act.
In determining whether to amend the list of specimens suitable for live import to include A. stephensi, the Minister considered the outcomes of an assessment report prepared in accordance with s.303EF of the EPBC Act. Copies of the assessment report are available at the following website: http://www.environment.gov.au/biodiversity/trade-use/invitecomment/anopheles-stephensi.html.
In accordance with s.303EF of the EPBC Act, the assessment report was published on the Department of the Environment and Water Resources website and public comments sought. No comments were received.
In accordance with paragraph 303EC(3) of the EPBC Act other appropriate state, territory and Australian Government ministers were consulted. In this case, the Department of the Environment and Water Resources consulted with all relevant state and territory ministers for the environment, conservation and agriculture and the Australian Minister for Agriculture, Fisheries and Forestry. Of the nine comments received, all supported the proposed amendment or had no objection, as long as high security facilities are used.
The Minister considered that listing this species under the conditions set poses little risk to the Australian environment.
This instrument is a legislative instrument for the purposes or the Legislative Instruments Act 2003.
The instrument will take effect on the first day on which it is no longer liable to be disallowed.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a comprehensive framework for environmental protection and biodiversity conservation. The Act provides mechanisms for the regulation of activities that may impact the environment, including the import of live specimens, which are subject to specific conditions to mitigate potential risks. This legislative instrument, issued under the authority of the Minister for the Environment and Water Resources, amends the List of Specimens Taken to be Suitable for Live Import, specifically by adding Anopheles stephensi (a mosquito species) to Part 2 of the list. This addition allows for the issuance of permits for the import of live specimens of A. stephensi for research purposes, but only under stringent conditions that mandate high-security facilities. The amendment was initiated by an application from the Walter and Eliza Hall Institute of Medical Research, and the Minister’s decision was based on an assessment report which found that the risks posed by the importation under the specified conditions are minimal.
Scope and Application
The 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) pertains to the importation of live specimens of Anopheles stephensi, a species of mosquito, into Australia for research purposes. This amendment applies to the Minister for the Environment and Water Resources and other relevant ministers who were consulted as per the EPBC Act's requirements. It extends to any entity or individual seeking to import Anopheles stephensi for research, provided it is done under the specified conditions of high security facilities. The amendment applies nationally, aligning with the overarching jurisdiction of the Commonwealth in matters of biodiversity conservation and environmental protection. The amendment specifies that the import of Anopheles stephensi is contingent upon it being included in Part 2 of the list of specimens suitable for live import, which requires a permit under the EPBC Act. This legislative instrument, once enacted, will allow the issuance of permits for the importation of Anopheles stephensi for research purposes, subject to strict containment protocols.
Key Provisions
The primary operative sections of this legislative instrument are sections 303EB, 303EE, and 303EF of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303EB establishes the list of specimens suitable for live import, which is divided into two parts: species exempt from the need for an import permit (Part 1) and species that can be imported with a permit (Part 2). Section 303EE allows for the initiation of an application to add a species to the list, either by the Minister or by an interested party. Section 303EF requires an assessment report to be prepared and made available to the public, with consultation with relevant state and territory ministers, before any amendments are made to the list. This instrument amends the list by adding Anopheles stephensi (mosquito) to Part 2, under the conditions of research only and high security facilities only.
The Act imposes several obligations on parties and entities it governs, particularly concerning the import of live specimens. Firstly, it requires that any live specimen imported into Australia must be included on the list of specimens suitable for live import, as per section 303EB. Secondly, the Minister or their delegate must consider the outcomes of an assessment report, including public comments and consultations with relevant state and territory ministers, before making any amendments to the list, as per sections 303EE and 303EF. The Act also requires the assessment report to be published on the Department of the Environment and Water Resources website and public comments to be sought. In this case, the Walter and Eliza Hall Institute of Medical Research initiated the application under section 303EE, and the Minister considered the assessment report and public comments before making the amendment.
Failure to comply with the requirements of the EPBC Act may result in various civil or criminal consequences, including fines and imprisonment. However, this particular legislative instrument does not explicitly state the penalties for breaches. Generally, under the EPBC Act, offences and penalties vary depending on the specific provision breached and the circumstances of the offence. For example, unauthorised activities in relation to the import of live specimens may result in fines of up to $330,000 for individuals and $1.65 million for corporations, as well as imprisonment for up to five years. The specific penalties for breaches related to this legislative instrument would be determined in accordance with the general provisions of the EPBC Act.