Amendment - List of Specimens Taken to be Suitable for Live Import (12/11/2010)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance, and to regulate activities that may impact biodiversity. In 2010, an amendment to the Act was introduced through instrument F2010L03107, which sought to address a specific problem related to the importation of live specimens. The live import list, established under the EPBC Act, specifies species that can be imported either without a permit or with a permit. Glossolepis incisus (Red rainbowfish) was listed in 2005 with a size restriction of 1.5cm and over, but it was found that this size was too small for reliable species identification. Consequently, the amendment increased the minimum size restriction for Glossolepis incisus to 4cm and over, a change proposed by a member of the aquarium industry and supported by feedback from relevant stakeholders. This amendment aimed to facilitate more accurate species identification and was made in accordance with section 303EC of the EPBC Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 governs the import of live specimens in Australia, specifying that only those listed in the live import list are permissible. This list is divided into two parts: Part 1 includes species exempt from requiring an import permit, while Part 2 lists species that necessitate such a permit. The recent amendment concerns Glossolepis incisus, commonly known as the Red rainbowfish, which was previously allowed entry under certain conditions if it met a size restriction of 1.5cm. Given that this size proved inadequate for reliable identification, the legislation has been updated to require a minimum length of 4cm to facilitate accurate species identification. This amendment was proposed by an individual in the aquarium industry and was accepted following consultation with relevant government departments, industry professionals, and other stakeholders, all of whom supported the change. The amendment is confined to the geographic and jurisdictional reach of Australia, affecting primarily entities and individuals involved in the live import of species.

Key Provisions

The primary operative sections of this legislative instrument pertain to the amendment of the list of specimens suitable for live import under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303EC (1) (a) and (b) allow for the modification of the live import list, which is divided into two parts: species exempt from import permits (Part 1) and those requiring permits (Part 2). In this instance, the amendment targets Glossolepis incisus (Red rainbowfish), adjusting the minimum size restriction from 1.5cm to 4cm to facilitate more reliable species identification. The Act imposes obligations on various parties to ensure compliance with the updated live import list. The Department of Sustainability, Environment, Water, Population and Communities (SEWPAC) is responsible for maintaining and enforcing the list. Industry professionals, including those in the aquarium trade, must adhere to the specified size restrictions when importing live specimens. Additionally, the amendment process requires consultation with relevant government departments, industry experts, and other organisations to gather feedback and ensure the amendment's practicality and effectiveness. Under the EPBC Act, non-compliance with the provisions of the live import list can result in civil and criminal penalties. For breaches related to the importation of live specimens, the maximum penalties can include fines up to $222,222 for individuals and $1,111,110 for corporations, as well as potential imprisonment terms. The specific penalties depend on the nature and severity of the breach, with more severe penalties applying to deliberate or repeated violations. The legislative instrument also includes provisions for public consultation, as mandated by section 303EC (3) of the EPBC Act. This process involves seeking comments from relevant stakeholders to ensure the amendment's effectiveness and to address any potential concerns. In this case, a limited consultation was conducted due to the amendment's focus on an already listed species, which resulted in positive feedback from all comments received. This collaborative approach helps to refine the regulations and mitigate any negative impacts on the industry or conservation efforts.