Amendment - List of Specimens taken to be Suitable for Live Import (11/02/2011)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment and biodiversity in Australia. To facilitate the controlled importation of live specimens, the Act includes a list of specimens suitable for live import, which consists of two parts: species that do not require an import permit and species that require an import permit. The Act allows for amendments to this list, either by ministerial initiative or by application, and this process is overseen by the Department of Sustainability, Environment, Water, Population and Communities (SEWPAC). Recently, an amendment was made to include Carcharias taurus, commonly known as the Grey Nurse Shark, in Part 2 of the list under the heading 'Cartilaginous fishes (Chondrichthyes)', permitting its import for eligible non-commercial purposes only, excluding household pets, and requiring high-security facilities. This amendment was made in response to an application from a member of the aquarium industry and follows an assessment of the environmental impacts, which the Minister concluded posed negligible risk to the Australian environment. The amendment was subject to consultation with relevant government bodies and the public, with the majority of responses being supportive or neutral.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the import of live specimens in Australia, stipulating that only species listed in the list of specimens suitable for live import can be imported. This list is divided into two parts: Part 1 includes species exempt from requiring an import permit, while Part 2 includes species that require a permit for import. This legislative instrument amends the live import list to include the Grey Nurse Shark (Carcharias taurus) under Part 2, specifically under the new heading ‘Cartilaginous fishes (Chondrichthyes).’ The inclusion of this species permits its import under certain conditions, namely for eligible non-commercial purposes excluding household pets, and only in high security facilities. The amendment process involved an assessment of environmental impacts, consultation with relevant government bodies and the public, and consideration of their feedback. This legislative instrument will become effective from the date of its publication in the Commonwealth of Australia Gazette.

Key Provisions

The key provisions of the legislative instrument F2011L00339 involve amendments to the live import list under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303EC (1) (a) pertains to the amendment of the list of specimens suitable for live import, adding Carcharias taurus, also known as the Grey Nurse Shark, to Part 2 of the list. This addition allows for the import of live specimens of this species under specific conditions, namely, for eligible non-commercial purposes only, and with the condition that they are housed in high security facilities (section 303EC (3)). This change is made in accordance with section 303EE of the EPBC Act, which allows for list amendments either at the Minister’s initiative or by application from interested parties, in this case, a member of the aquarium industry. The Act imposes certain obligations and requirements on the entities involved. Firstly, it requires that any live specimen imported into Australia must be included on the live import list (section 303EB). The amendment process itself mandates that the Minister consider the outcomes of an assessment report on potential environmental impacts, as outlined in section 303EF of the EPBC Act. Additionally, section 303EC (3) requires that comments be sought from relevant Commonwealth, State, and Territory government Ministers, other appropriate organisations, and the general public. This ensures a comprehensive review process that includes stakeholder input and public consultation before any amendments are finalised. In terms of potential breaches and their consequences, the Act does not explicitly outline specific offences or penalties related to the live import list amendments themselves. However, general breaches of the EPBC Act can result in civil or criminal penalties. For instance, unauthorised importation of live specimens not listed on the approved live import list could lead to fines and potential imprisonment. The exact penalties would depend on the severity of the breach and could vary under the general provisions of the EPBC Act, which might include fines up to several thousand Australian dollars and imprisonment for individuals, while corporate penalties could be significantly higher. These provisions ensure compliance with the Act and the protection of Australia's biodiversity and environment.