Amendment - List of Specimens taken to be Suitable for Live Import (15/02/2011)

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. The Act addresses gaps in existing environmental protection laws by offering a comprehensive framework for the assessment and management of activities that may impact the environment. This legislation is administered by the Australian Parliament, with the policy objective of safeguarding biodiversity and ensuring sustainable use of natural resources. The Act includes provisions for the control of the import of live specimens, which are subject to stringent regulations to prevent the introduction of invasive species that could harm the native ecosystem. One of the amendments to the EPBC Act, detailed in the legislative instrument F2011L00335, involves updating the list of specimens suitable for live import. This amendment, initiated by the Minister for Sustainability, Environment, Water, Population and Communities, aims to exclude specific species, Siganus rivulatus and Siganus luridus, from the list. Consequently, the import of live specimens of these species, including their reproductive material, is now prohibited. This change was made after considering feedback from relevant government entities and stakeholders, with the primary goal of mitigating environmental risks posed by these invasive species.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the import of live specimens within Australia, requiring that such imports are listed on a specific live import list. This legislative amendment, detailed in F2011L00335, pertains to the list of specimens suitable for live import and specifically modifies Part 1 to exclude Siganus rivulatus and Siganus luridus. This change is implemented under the authority of the Minister for Sustainability, Environment, Water, Population and Communities, and it prohibits the import of live specimens of these species, including their reproductive material. The amendment is supported by all relevant Commonwealth, State and Territory government Ministers and was made in response to the significant environmental threat posed by these species. Notably, the Pet Industry Association of Australia (PIAA) did not formally respond to the consultation, but no objections were raised. This legislative instrument, governed by the Legislative Instruments Act 2003, will come into effect on the date of its publication in the Commonwealth of Australia Gazette.

Key Provisions

The primary operative sections of this legislation pertain to the amendment of the list of specimens suitable for live import, specifically the deletion of Siganus rivulatus and Siganus luridus from Part 1 of the list (sections 303EC (1) (b), 303ED, and 303EC (3)). This amendment, made under section 303ED of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), effectively prohibits the importation of live specimens of these species, including their reproductive material, into Australia. This change is significant as it removes the exemption from the requirement of an import permit for these species, thereby ensuring stricter controls over their entry into the country. The Act imposes several obligations and requirements on entities and parties involved in the importation of live specimens. Firstly, any entity or individual seeking to import live specimens must ensure that the species they intend to import is listed in the live import list. For species listed in Part 1, there is no need for an import permit, whereas for those in Part 2, an import permit from the Department of Sustainability, Environment, Water, Population and Communities (SEWPAC) is necessary. The amendment now requires that any import application for Siganus rivulatus and Siganus luridus be accompanied by the appropriate permit, as these species are no longer exempt from this requirement. Failure to comply with the provisions of this amendment may result in various civil and criminal consequences. Specifically, importing live specimens of Siganus rivulatus and Siganus luridus without the necessary permit could be considered an offence under the EPBC Act. The penalties for such an offence could include fines and potential imprisonment, as stipulated by the relevant sections of the Act. The exact penalties are not detailed in the provided explanatory statement but typically could range from substantial fines for individuals to more severe penalties for corporations, depending on the severity and intent of the breach. Compliance with these regulations is crucial to avoid legal repercussions and to protect Australia's biodiversity and ecosystems from potential threats posed by these species.