EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Instrument under section 303EC(1)(a)
(Issued under the Authority of the Minister for Sustainability,
Environment, Water, Population and Communities)
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 s.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 can be imported with a permit under the EPBC Act.
The effect of this instrument is to amend the listings for 26 ornamental fish taxa on Part 1 of the list of specimens suitable for live import. The amendments include the addition of ‘standard length’ to all 26 species and the specification of, or an increase in, the minimum size restriction for five species to aid the identification of imported specimens at the border. ‘Standard length’ is accepted terminology that is widely understood in the ornamental fish industry, and refers to measurement from the snout to the end of the caudal peduncle (the position where the tail fin joins the body). These amendments will reduce the potential for import of non-listed species and provide greater clarity for importers and border officials alike.
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 the Minister under s.303EC of the EPBC Act. In determining whether to amend the size restrictions for these fish on the live import list, the Minister considered the proposed amendments in a recommendation report prepared by the Department of Sustainability, Environment, Water, Population and Communities, in consultation with the Department of Agriculture, Fisheries and Forestry – Biosecurity.
In accordance with s.303EC(3), appropriate state, territory and Australian Government ministers were consulted. In this case, the Department of Sustainability, Environment, Water, Population and Communities consulted with all relevant state and territory ministers for the environment, conservation and fisheries (or their delegates).
While most government respondents supported the proposals, a view was put forward in one submission that all of the ornamental fish species being considered should be subject to a risk assessment. A risk assessment is not considered necessary as the proposed changes are to species already approved for importation, and the amendments will not increase or create new risks to the Australian environment. On the contrary, they will be advantageous in that they will reduce the risk of illegal fish imports by aiding identification at the border.
In accordance with s.303EF of the EPBC Act, the recommendation report was published on the Department of Sustainability, Environment, Water, Population and Communities’ website and public comments sought. Key industry members were also contacted directly. Four public responses were received. The comments were generally supportive of the amendments.
The Minister considered that amending the restrictions of the listed species will aid in the positive identification of live ornamental fish imports and reduce the occurrences of non-listed species being imported.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
This instrument will come into effect on the date of gazettal in the Commonwealth of Australia Gazette.
Statement of Compatibility with Human Rights
This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 (Cth). This legislative instrument does not engage any of the applicable rights or freedoms.