EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Amendment of the List of Specimens Taken to be Suitable for Live Import
in accordance with section 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 live import 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 Conus spp. (cone snails) to Part 2 of the live import list. Including this genus in the live import list will allow the import of live specimens 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 Conus spp., the Minister considered the outcomes of an assessment report 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 fisheries. Most respondents supported the proposal or had no objection provided the listing included conditions to limit import purposes and relating to security of holding facilities. One respondent initially opposed the proposal, on the basis of the limited information and potential risks, but subsequently gave their support, following discussions about import permit conditions that would apply to individual shipments in addition to the conditions on the live import list.
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. No comments were received from members of the public.
The Minister considered that listing this species with stringent conditions relating to security of holding facilities poses little risk to the Australian environment.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
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) establishes the legal framework for the protection of the Australian environment, including the regulation of the import of live specimens. The Act mandates that live specimens can only be imported if they are included on the List of Specimens Taken to be Suitable for Live Import, which consists of two parts: species exempt from requiring an import permit, and species that can be imported with a permit. Pursuant to the EPBC Act, this instrument amends the live import list by adding Conus spp. (cone snails) to Part 2, thereby permitting their import under specific conditions, namely for research purposes only and with the requirement that they be housed in high-security facilities. The amendment was initiated by an application to the Minister, who evaluated the potential environmental impacts based on an assessment report and consulted with relevant state and territory ministers. The amendment aims to mitigate risks to the Australian environment by imposing stringent conditions on the import and containment of these species.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the import of live specimens into Australia, with specific stipulations outlined in the List of Specimens Taken to be Suitable for Live Import. This list is divided into two parts: Part 1 includes species that do not require an import permit, while Part 2 encompasses species that require a permit for importation. The legislative instrument F2011L02751 amends the live import list by adding Conus spp. (cone snails) to Part 2, subject to specific conditions. These conditions require that the import be for research purposes only and that the specimens be housed in high-security facilities. The decision to amend the list was made following an application to the Minister under section 303EE of the EPBC Act and involved consultation with relevant state, territory, and Australian government ministers, as well as publication of an assessment report on the potential environmental impacts. Public consultation was also conducted, though no public comments were received. This legislative instrument reflects the Minister's determination that the stringent conditions associated with the import of Conus spp. present minimal risk to the Australian environment.
Key Provisions
The main operative sections of this legislative instrument concern the addition of Conus spp., or cone snails, to Part 2 of the List of Specimens Taken to be Suitable for Live Import under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (sections 303EC(1)(a) and 303EE). This addition means that live cone snails can now be imported into Australia, but only under very specific conditions: they must be imported for research purposes only, and they must be held in high-security facilities. This decision follows a comprehensive assessment of the potential environmental impacts and consultation with relevant state, territory, and Australian government ministers, as stipulated in sections 303EF and 303EC(3) of the EPBC Act.
The obligations and requirements imposed by this Act on the parties or entities it governs are stringent. Importers of live cone snails must adhere to the conditions specified in the live import list, which include using high-security facilities and importing solely for research purposes. These obligations are intended to mitigate any potential environmental risks associated with the introduction of these species into Australia. Additionally, the Minister, having consulted with relevant stakeholders, must ensure that any application to amend the live import list is thoroughly assessed, as per section 303EF of the EPBC Act. This includes publishing the assessment report and seeking public comments, even though, in this case, no public comments were received.
Breaching the conditions set out for the import of live cone snails can result in serious consequences. While the specific penalties for breaching the conditions are not detailed in this instrument, under the EPBC Act, violations of the Act’s provisions can lead to both civil and criminal penalties. Civil penalties may include fines of up to $66,600 for individuals and up to $333,000 for corporations. Criminal penalties can include fines of up to $66,000 for individuals and up to $330,000 for corporations, and in some cases, imprisonment. These penalties are designed to enforce compliance and protect Australia's biodiversity and environment.