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.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) regulates the importation of live specimens into Australia. Under the EPBC Act, the live import of species is permitted only if the species are included on a specific list known as the List of Specimens taken to be Suitable for Live Import. This 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, while Part 2 includes species that require an import permit. The EPBC Act allows for amendments to this list either on the initiative of the Minister or by application. This legislative instrument adds Acipenser baerii (Siberian Sturgeon) and Huso huso (Beluga) to Part 2 of the list, enabling their import under specified conditions: for aquaculture only, in secure recirculation systems. The policy objective is to allow the controlled importation of these species to facilitate aquaculture while mitigating potential environmental risks.
Scope and Application
The amendment to the List of Specimens taken to be Suitable for Live Import under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) pertains specifically to the addition of Acipenser baerii (Siberian Sturgeon) and Huso huso (Begula) to Part 2 of the list, which requires an import permit for live specimens. This amendment applies to the import of these sturgeon species for commercial aquaculture purposes only, and mandates that such imports must occur in secure recirculation systems to mitigate environmental risks. The geographic reach of this legislation is national, encompassing the entire Commonwealth of Australia. The amendment was initiated by an application under section 303EE of the EPBC Act and followed rigorous environmental impact assessments and consultations with relevant state, territory, and Australian government ministers. While the inclusion of these species was approved under specified conditions, the application to list Acipenser gueldenstaedtii (Russian Sturgeon) and the hybrid Acipenser baerii x Acipenser gueldenstaedtii was rejected due to the high risk of environmental harm if these species were to escape containment. This legislative instrument is governed under the Legislative Instruments Act 2003 and will come into effect on the day after its registration on the Federal Register of Legislative Instruments.
Key Provisions
The main operative sections of this legislation, F2015L00079, pertain to the amendments to the List of Specimens taken to be Suitable for Live Import under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (sections 303EB-303EF). Specifically, this legislative instrument seeks to add Acipenser baerii (Siberian Sturgeon) and Huso huso (Beluga) to Part 2 of the list, which requires an import permit. This amendment allows for the import of these species under specified conditions: for aquaculture only, in secure recirculation systems. This amendment was initiated by an application made to the Minister under section 303EE of the EPBC Act. The amendment process involved consultations with relevant ministers for the environment and agriculture and the publication of an assessment report on the potential environmental impacts.
Under this legislation, the obligations imposed on parties or entities include the requirement for an import permit for the species Acipenser baerii and Huso huso, which are now listed in Part 2 of the live import list (section 303EB). This requirement ensures that any importation of these species is conducted under strict conditions to mitigate the risk of them becoming pests if they escape containment. The legislation also mandates that any importation must be for aquaculture purposes only, in secure recirculation systems (section 303EC). These conditions are intended to prevent the potential environmental risks associated with the introduction of these species into the Australian ecosystem.
The consequences for breach of these provisions are not explicitly stated in the provided text. However, under the EPBC Act, unauthorised importation of live specimens can lead to civil and criminal penalties. Civil penalties for breaches can include fines of up to $1.2 million for individuals and $6 million for corporations, as well as potential imprisonment terms. Criminal penalties can include fines of up to $1.2 million for individuals and $6 million for corporations, and imprisonment for up to five years for individuals and seven years for corporations. These penalties reflect the seriousness with which the Act treats breaches that could potentially harm the environment.