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) (e)
(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 amend the conditions in the listing of Panulirus ornatus (Ornate Rock Lobster) on Part 2 of the list of specimens suitable for live import. Amending the listing of this species will allow the import of live specimens of this species under the specified conditions (Eligible non-commercial purpose, excluding household pets, into high security facilities only; or commercial imports of specimens taken in the Torres Strait Tropical Rock Lobster Fishery). Previously imports were restricted to eligible non-commercial only. This amendment will additionally allow commercial imports from Papua New Guinea of stocks taken in the Torres Strait Tropical Rock Lobster Fishery.
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 vary the conditions to include commercial imports of P. ornatus stocks taken from the Torres Strait Tropical Rock Lobster Fishery, 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, agriculture and fisheries. All respondents supported the proposal or had no objection provided the listing included conditions to limit take areas to the Torres Strait Protected Zone and the requirement to have import permits from this department.
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 comment from the public was received.
The Minister considered that amending the listing of this species poses a low to moderate risk to the Australian environment, but under the listed conditions this risk is reduced to a negligible level.
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, enacted by the Parliament of Australia, addresses the regulation of activities that have, or are likely to have, a significant impact on the environment, particularly in relation to biodiversity conservation. The Act was introduced to fill the gap in comprehensive environmental protection legislation at the national level, consolidating various environmental laws and providing a framework for the protection of Australia's unique biodiversity. The F2011L01962 instrument amends the list of specimens taken to be suitable for live import under the EPBC Act, specifically altering the conditions for the import of Panulirus ornatus, commonly known as Ornate Rock Lobster, to include commercial imports from the Torres Strait Tropical Rock Lobster Fishery, subject to certain conditions. This amendment was initiated by an application to the Minister and follows a thorough assessment of the potential environmental impacts and consultations with relevant state and territory ministers.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the import of live specimens into Australia, with specific conditions outlined in the list of specimens taken to be suitable for live import. This list is divided into two parts: Part 1 includes species exempt from requiring an import permit under the EPBC Act, while Part 2 lists species that can be imported with a permit. This particular legislative instrument amends the conditions for the import of Panulirus ornatus, or Ornate Rock Lobster, previously restricted to eligible non-commercial purposes. The amendment now allows commercial imports of specimens taken in the Torres Strait Tropical Rock Lobster Fishery from Papua New Guinea, provided they meet specified conditions. These conditions include imports for non-commercial purposes excluding household pets, limited to high security facilities, and commercial imports from the designated fishery. The amendment was initiated by an application to the Minister and was supported by relevant state and territory ministers, following a risk assessment and public consultation process. This legislative instrument will take effect on the date of publication in the Commonwealth of Australia Gazette.
Key Provisions
The key provisions of this legislative instrument pertain to the amendment of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, it modifies the list of specimens suitable for live import by adjusting the conditions under which Panulirus ornatus, commonly known as the Ornate Rock Lobster, can be imported into Australia. Section 303EC(1)(e) of the EPBC Act sets out the process for amending the list of specimens suitable for live import. The amendment to the listing of Panulirus ornatus under Part 2 of the list (section 303EB) allows for the import of live specimens for eligible non-commercial purposes, excluding household pets, into high security facilities, and additionally permits commercial imports of specimens taken in the Torres Strait Tropical Rock Lobster Fishery from Papua New Guinea.
The obligations imposed on the parties by this amendment are primarily concerned with ensuring that any import of live specimens of Panulirus ornatus complies with the specified conditions. Importers must obtain the necessary permits from the Department of Sustainability, Environment, Water, Population and Communities, and they must ensure that the specimens are sourced only from the Torres Strait Protected Zone. Furthermore, the imports must be for eligible non-commercial purposes or commercial purposes related to the Torres Strait Tropical Rock Lobster Fishery. Importers are also required to follow any additional conditions or restrictions outlined in the import permits and any related guidelines.
The consequences for non-compliance with the provisions of this legislative instrument are significant. Under the EPBC Act, unauthorised imports of live specimens can result in criminal penalties. Specifically, section 514 of the EPBC Act provides that a person who contravenes a provision of the Act may be liable for a penalty of up to $300,000 for a corporation and up to $60,000 for an individual. Additionally, a court may order the confiscation of any goods involved in the contravention. The Minister for Sustainability, Environment, Water, Population and Communities has the authority to issue fines and take other enforcement actions to ensure compliance with the Act and its amendments. The penalties are designed to deter non-compliance and protect Australia's biodiversity and environment from potential harm.