EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Amendment to the List of Specimens taken to be Suitable for Live Import
Instrument under paragraph 303EC(1)(a)
(Issued under Authority of the Minister for the Environment)
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 section 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 require an import permit.
The effect of this instrument is to add Acipenser baerii (Siberian Sturgeon) and Huso huso (Beluga) to Part 2 of the list of specimens suitable for live import. Including these species in the list will allow the import of live specimens of this species under the specified conditions: For aquaculture only, in secure recirculation systems.
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 section 303EE of the EPBC Act. The application also included an additional species Acipenser gueldenstaedtii (Russian Sturgeon) and the hybrid Acipenser baerii x Acipenser gueldenstaedtii.
In determining whether to amend the live import list to include Acipenser baerii (Siberian Sturgeon), Acipenser gueldenstaedtii (Russian Sturgeon), Huso huso (Beluga), and the hybrid Acipenser baerii x Acipenser gueldenstaedtii, the Minister considered the outcomes of assessment reports on the potential impacts on the environment, prepared in accordance with section 303EF of the EPBC Act.
In accordance with paragraph 303EC(3) of the EPBC Act, appropriate state, territory and Australian Government ministers were consulted. In this case, the Department of the Environment consulted with all relevant ministers for the environment and agriculture (or their delegates).
Of the eight responses received initially, four objected to the proposal; another raised concerns without objecting and another opposed listing if unregulated, and three supported listing if imports and keeping could be adequately managed.
In accordance with section 303EF of the EPBC Act, the assessment report was published on the Department of the Environment website and public comments sought. No comments were received from members of the public.
During a second round of consultation with government agencies, the Department received four additional responses. The purpose of this second round of consultation was to seek the views of the states and territories to a proposed conditional listing: “Commercial aquaculture only, in secure recirculation systems”. The responses received were again divided due to the perceived level of risk.
Although the species Acipenser baerii (Siberian Sturgeon) and Huso huso (Beluga) pose a moderate risk of becoming a pest if they were to escape containment, the Minister considered that listing the species with appropriate conditions poses little risk to the environment. The species Acipenser gueldenstaedtii (Russian Sturgeon) and the hybrid Acipenser baerii x Acipenser gueldenstaedtii pose a serious risk of becoming a pest, and the Minister considered that listing this species or the hybrid posed an unacceptably high risk to the environment.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003. It will take effect on the day after registration on the Federal Register of Legislative Instruments.