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 may only be imported if it is included on the list of specimens suitable for live import (live import list).
The live import list was established in accordance with section 303EB of the EPBC Act and has two parts. Part 1 comprises species exempt from the need for an import permit from the Department of Sustainability, Environment, Water, Population and Communities (SEWPAC). Part 2 comprises species that can be imported with a permit from SEWPAC.
Amendment to the list of specimens suitable for live import can be made either at the initiative of the Minister or by application. This list amendment application has been made by a member of the aquarium industry, in accordance with section 303EE of the EPBC Act.
The effect of this instrument is to add Carcharias taurus (Grey Nurse Shark) to Part 2 of the list of specimens taken to be suitable for live import, under a new heading ‘Cartilaginous fishes (Chondrichthyes)’. Including this species in the list will allow the import of live specimens of this species under the specified conditions of ‘Eligible non-commercial purposes only, excluding household pets. High security facilities only.’
In determining whether to amend the live import list to include C. taurus, 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 section 303EC (3) of the EPBC Act, comments were sought from relevant Commonwealth, State and Territory government Ministers, other appropriate organisations and the general public. All Government responses favoured or did not oppose the amendment. Two public comments were received one of which opposed the proposed amendment and one which supported it.
The Minister considered that listing this species with specified conditions poses negligible risk to the Australian environment.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
This instrument will take effect on the date the instrument is published in the Commonwealth of Australia Gazette.