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 Heritage)
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 (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 need for an import permit under the EPBC Act. Part 2 comprises species that can be imported with a permit under the EPBC Act.
Due to an error that occurred when the then Minister, by instrument published in the Gazette, established a list of specimens that are taken to be suitable for live import and omitted to include this species on Part 2 of the list. This species was permitted for entry under the previous legislation, the Wildlife Protection (Regulation of Exports and Imports) Act 1982, and for this reason it should also appear on Part 2 of the live import list established under the EPBC Act. The conditions to be attached to this import are Research only, and Quarantine Approved Premises only.
Schistosoma japonicum (blood fluke) has previously been permitted for import and is the subject of ongoing research into human health.
In accordance with s. 303EC(1)(c) of the EPBC Act, the effect of this instrument is to correct an inaccuracy to Part 2 of the list by adding S. japonicum.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide a framework for the protection of the environment and biodiversity, including the regulation of the import and export of live specimens. The Act establishes a list of specimens suitable for live import, with Part 1 comprising species exempt from the need for an import permit and Part 2 comprising species that require a permit for importation. The EPBC Act was introduced to address the need for comprehensive environmental protection and biodiversity conservation in Australia, ensuring that the import of live specimens is managed in a way that minimises potential harm to the environment and native species. This legislative instrument, issued under the authority of the Minister for the Environment and Heritage, amends the list of specimens suitable for live import to correct an oversight by adding Schistosoma japonicum (blood fluke) to Part 2 of the list, aligning with its previous permit status under the Wildlife Protection (Regulation of Exports and Imports) Act 1982. The addition of S. japonicum to the list is subject to specific conditions, namely that the import is for research purposes only and must occur at a quarantine approved premises. This amendment aims to rectify an error and facilitate ongoing research into human health related to this species.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999, as amended by this legislative instrument, governs the import of live specimens into Australia. It applies to any person or entity seeking to import a live specimen, specifically targeting the importation of biological species listed under the Act. This legislation extends its jurisdiction nationally, ensuring compliance with environmental and biodiversity conservation standards across the Commonwealth of Australia. The Act mandates that only those specimens listed in the approved list of suitable live imports may be brought into the country, with Part 2 of the list specifically catering to species that require an import permit under the Act. The legislative instrument corrects an oversight in the initial list by adding Schistosoma japonicum, a species previously allowed under the Wildlife Protection (Regulation of Exports and Imports) Act 1982, to Part 2 of the list with conditions that the import is for research purposes only and must be conducted at premises approved for quarantine. This amendment ensures that the legal framework accurately reflects the intended scope and regulatory requirements for the importation of live specimens, thereby maintaining the integrity of Australia's biodiversity protection measures.
Key Provisions
The main sections of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) that are relevant to this amendment involve the establishment and amendment of the list of specimens suitable for live import (sections 303EB and 303EC). Specifically, section 303EB outlines the creation of the list, while section 303EC(1)(c) details the process for correcting inaccuracies in the list. Under these provisions, the Act mandates that only those species listed in the live import list can be imported alive, either without a permit (Part 1) or with a permit (Part 2).
The obligations imposed by the EPBC Act on parties or entities involve ensuring that any live specimens imported comply with the live import list. For the species Schistosoma japonicum, the conditions are that it can only be imported for research purposes and only to quarantine-approved premises. This ensures that the import of live specimens is tightly controlled and monitored to prevent any potential harm to the environment or public health.
Failure to comply with the conditions set out in the EPBC Act can result in significant consequences. Under section 303EA of the EPBC Act, importing a live specimen not listed on the live import list is an offence. The penalties for such offences can be severe, with maximum fines reaching up to $330,000 for individuals and $1.65 million for corporations. Additionally, the Act provides for civil remedies and the potential for criminal prosecution, which can further compound the penalties and consequences for non-compliance.