EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Instrument under section 303EC(1)(a)
(Issued under the 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 add Haliotis iris (NZ Paua) to Part 2 of the list of specimens suitable for live import. Including this species 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 Haliotis iris, 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 (or their delegates).
All respondents supported the proposal or had no objection provided the listing included conditions to limit import purposes and relating to security of holding facilities.
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. Limiting imports to research purposes will prevent import for commercial trade and further conditions placed on individual import permits would prevent any specimens entering commercial trade at the completion of research.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Statement of Compatibility with Human Rights
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 (Cth). This legislative instrument does not engage any of the applicable rights or freedoms.
This instrument will come into effect on the date of gazettal in the Commonwealth of Australia Gazette.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is designed to protect and conserve Australia's environmental heritage, including native species. This Act addresses the need to regulate the import of live specimens in a manner that minimises environmental risks, while also considering scientific and economic factors. The Act was enacted by the Parliament of Australia to provide a comprehensive framework for environmental protection and biodiversity conservation, ensuring that decisions about the environment are made with regard to both present and future generations. The legislative instrument under section 303EC(1)(a) amends the list of specimens suitable for live import by adding Haliotis iris (NZ Paua) to Part 2, allowing its import only under strict conditions such as for research purposes and within high security facilities. This change was made in response to an application under the EPBC Act, and after consulting relevant state, territory and Australian government ministers, as well as publishing an assessment report and seeking public comment.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the import of live specimens in Australia, establishing a list of species suitable for live import through subordinate instruments. This specific legislative instrument, F2012L01984, amends the list to include Haliotis iris (NZ Paua) under Part 2, which requires an import permit. The amendment permits the import of live specimens of this species only for research purposes and mandates that they be housed in high-security facilities. The decision to include this species was made following an assessment of its environmental impact and consultation with relevant state, territory, and Australian Government ministers. The amendment reflects a cautious approach to mitigate any potential risks to the Australian environment, ensuring that the import is strictly for research and not for commercial trade, with further conditions on individual import permits to prevent any possibility of the species entering commercial trade post-research. This legislative instrument operates within the Commonwealth of Australia and adheres to the compatibility requirements with human rights as stipulated in the Human Rights (Parliamentary Scrutiny) Act 2011 (Cth).
Key Provisions
The primary operative section of this legislation, section 303EC(1)(a) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), specifies that a live specimen can only be imported if it is included on the list of specimens taken to be suitable for live import. This list, which comprises two parts, was established under section 303EB of the EPBC Act. Part 1 includes species exempt from the requirement for an import permit, while Part 2 includes species that can be imported with a permit. The addition of Haliotis iris (NZ Paua) to Part 2 of this list allows for its live import under specific conditions, such as research only and in high security facilities.
The Act imposes several obligations and requirements on the parties or entities it governs. First, it mandates that any import of live specimens must comply with the provisions of the EPBC Act, specifically referencing the live import list. For Haliotis iris, this means that any import must occur under research purposes only and must be conducted in high security facilities. Additionally, the Act requires the Minister to consider the outcomes of an assessment report on the potential environmental impacts before making amendments to the live import list, as stipulated in section 303EF. Furthermore, the Minister must consult with relevant state, territory, and Australian government ministers, as outlined in section 303EC(3), before making any changes.
The Act provides for specific consequences for breaches of its provisions. While the Act does not explicitly state penalties for non-compliance with the live import list, general provisions of the EPBC Act may apply. For instance, unauthorized imports of live specimens could result in civil or criminal penalties, including fines and imprisonment, depending on the severity of the breach. The exact penalties would be determined by the courts based on the specific circumstances of the case and any relevant case law or statutory provisions. The Act also stipulates that it is compatible with human rights, as it does not engage any of the applicable rights or freedoms as declared in international instruments.
In conclusion, the legislative instrument adds Haliotis iris (NZ Paua) to Part 2 of the live import list under the EPBC Act, allowing its import under stringent conditions. This addition was made following a thorough assessment and consultation process, ensuring minimal risk to the Australian environment. The Act enforces strict compliance with these conditions and imposes penalties for non-compliance, reinforcing its commitment to environmental protection.