EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Amendment to the List of Specimens Taken to be Suitable for Live Import
in accordance with paragraph 303EC (1) (c)
(Issued under Authority of the Minister for the Environment and Heritage)
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 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 need for an import permit under the EPBC Act. Part 2 comprises species that can be imported with a permit under the EPBC Act.
Due to an error that occurred when the then Minister, by instrument published in the Gazette, established a list of specimens that are taken to be suitable for live import, this species was not included on Part 2 of the list. This species was permitted for entry under the previous legislation, the Wildlife Protection (Regulation of Exports and Imports) Act 1982, and for this reason it should also appear on Part 2 of the live import list established under the EPBC Act. The conditions to be attached to this import are Research only, and Quarantine Approved Premise only.
Caenorhabditis elegans (nematode) is the subject of research into gene function.
In accordance with s. 303EC(1)(c) of the EPBC Act, the effect of this instrument is to correct an inaccuracy to Part 2 of the list by adding C. elegans.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the importation of live specimens, with such imports only permissible if the specimens are included on the list of suitable live imports. This legislative framework was enacted to provide a structured approach to the conservation of biodiversity, recognising the need for both ecological balance and controlled import processes. The EPBC Act was introduced to address the gaps in previous legislation, particularly the Wildlife Protection (Regulation of Exports and Imports) Act 1982, by providing a more comprehensive and updated mechanism for biodiversity protection. In response to an oversight that led to the exclusion of Caenorhabditis elegans from the list of specimens suitable for live import, a legislative instrument was issued to correct this error, ensuring the species is appropriately listed under the EPBC Act. The instrument, issued under the authority of the Minister for the Environment and Heritage, aims to align the current legislation with previous permissions, facilitating continued research under specified conditions.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment and biodiversity in Australia and applies to a wide range of entities and activities, including those involving the import of live specimens. The Act specifies that live specimens can only be imported if they are listed in the schedule of specimens suitable for live import, which consists of two parts. Part 1 includes species exempt from the need for an import permit under the EPBC Act, while Part 2 includes species that can be imported with a permit. The Act applies to all persons and entities engaging in activities that may impact the environment and biodiversity within Australia's jurisdiction, including its territorial waters and external territories. The Act also extends to Commonwealth activities and projects that require approval under the EPBC Act. In the case of the amendment to the list of specimens suitable for live import, the instrument corrects an error by including Caenorhabditis elegans (nematode) in Part 2 of the list with conditions for research and quarantine. The instrument is a legislative instrument under the Legislative Instruments Act 2003 and commenced on the day after its registration on the Federal Register of Legislative Instruments.
Key Provisions
The main operative sections of the F2005L02742 instrument pertain to the correction of a previously omitted species, Caenorhabditis elegans, from the list of specimens suitable for live import under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303EC(1)(c) of the EPBC Act mandates the correction of inaccuracies in the live import list by adding C. elegans to Part 2, which includes species that can be imported with a permit under the Act. This addition rectifies an oversight where the species was erroneously excluded from the live import list, despite being permitted under prior legislation. The conditions attached to this import are that it must be for research purposes only and must occur at a Quarantine Approved Premise. This ensures that any import of C. elegans adheres to strict biosecurity measures, preventing potential risks to Australia's environment and biodiversity.
The obligations imposed by this instrument on the parties or entities it governs primarily revolve around the importation of C. elegans. Importers must now ensure that they obtain the appropriate permits as stipulated under Part 2 of the live import list. They are also required to comply with the specified conditions: the import must be for research purposes only and must take place at a Quarantine Approved Premise. These obligations are designed to maintain the integrity of Australia's biodiversity and to prevent any potential ecological harm that might arise from the introduction of this species. Importers must also adhere to any additional guidelines or protocols that may be stipulated by the Department of Agriculture, Water and the Environment.
The consequences for breach of this legislation include both civil and criminal penalties. While the specific penalties are not detailed in the explanatory statement, under the EPBC Act, breaches can result in significant fines and, in severe cases, imprisonment. The penalties are intended to deter non-compliance and to ensure that the provisions of the Act are strictly adhered to. The enforcement of these penalties underscores the importance of protecting Australia's environment and biodiversity, and it highlights the seriousness with which the government treats violations of the EPBC Act.