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) (a)
(Issued under Authority of the Minister for the Environment, Heritage and the Arts)
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.
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 add Hypolimnas bolina (Common Eggfly Butterfly) to Part 2 of the list of specimens suitable for live import. Including this species in the list will allow the import of live specimens of this species under the specified conditions (For the purposes of Research only. Quarantine Approved Premise only. All specimens must be destroyed on completion of Research).
Amendments to the list of specimens suitable for live import 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 s.303EE of the EPBC Act.
In determining whether to amend the list of specimens suitable for live import to include H. bolina, the Minister considered the outcomes of assessment reports prepared in accordance with s.303EF of the EPBC Act.
In accordance with s.303EF of the EPBC Act, the assessment report was published on the Department of the Environment, Water, Heritage and the Arts’ website and public comments sought. Two comments were received.
In accordance with paragraph 303EC(3), other appropriate state, territory and Australian Government ministers were consulted. In this case, the Department of the Environment, Water, Heritage and the Arts consulted with all relevant state and territory ministers for the environment, conservation and agriculture, and the Australian Government Department of Agriculture, Fisheries and Forestry. Eight comments were received, all of which supported the proposal or had no objection.
The Minister considered that listing this species, with specified conditions, poses little risk to the Australian environment.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The instrument will take effect on the first day on which it is no longer liable to be disallowed.
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. One aspect of this is regulating the import of live specimens into Australia to prevent potential ecological harm. Pursuant to this, the Act requires that live specimens are only imported if they are listed in a specific schedule as suitable for live import. This legislative instrument, issued under the authority of the Minister for the Environment, Heritage and the Arts, amends the list of specimens suitable for live import by adding Hypolimnas bolina, also known as the Common Eggfly Butterfly, to Part 2 of the list. This allows for the import of live specimens of this species under specified conditions, namely for research purposes only, in quarantine-approved premises, with the requirement that all specimens must be destroyed upon completion of the research. The amendment was initiated by an application to the Minister and was made after considering assessment reports and consulting with relevant state, territory, and federal ministers, all of whom supported the proposal.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the importation of live specimens, stipulating that only those species listed as suitable for live import can be brought into the country. The Act applies to individuals and entities seeking to import live specimens, encompassing a broad range of industries such as research, conservation, and agriculture, and regulates the conduct and transactions involved in such imports. The Act operates on a national level, with its jurisdiction spanning the entire Commonwealth of Australia. This legislative instrument specifically amends the list of specimens suitable for live import by adding Hypolimnas bolina, commonly known as the Common Eggfly Butterfly, to Part 2 of the list, which requires an import permit. The addition of this species was initiated by an application to the Minister, and the decision was made after thorough assessment and consultation with relevant state, territory, and Australian Government ministers. The inclusion of this species in the list allows for its import under specified conditions, namely for research purposes, only in a quarantine-approved premise, with all specimens required to be destroyed upon the completion of research. The instrument is subject to disallowance but will take effect on the first day it is no longer liable to be disallowed.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is amended by adding Hypolimnas bolina, commonly known as the Common Eggfly Butterfly, to Part 2 of the list of specimens suitable for live import. This addition is made under section 303EC(1)(a) of the EPBC Act (s.303EC(1)(a)). Part 2 of the list pertains to species that can be imported with an appropriate permit. By including Hypolimnas bolina in this part, the legislation permits the live import of this species under specified conditions, namely for research purposes only, and only into a quarantine-approved premise, with all specimens required to be destroyed upon the completion of research (s.303EC(1)(a)).
The amendment to the list of specimens suitable for live import imposes certain obligations on entities wishing to import Hypolimnas bolina. These entities must ensure that their importation complies with the conditions specified by the legislation, which include obtaining the necessary import permit and adhering to the research and destruction requirements. Additionally, the entities must ensure that all imports are conducted in a manner that poses minimal risk to the Australian environment, in accordance with the outcomes of the assessment reports and consultations conducted by the Minister (s.303EF, s.303EC(3)).
Breaches of the conditions for importing Hypolimnas bolina under the EPBC Act may result in various civil or criminal consequences. For instance, importing the species without a permit, or failing to adhere to the specified conditions, could result in fines or imprisonment. The exact penalties are not explicitly stated in the explanatory statement but typically, under the EPBC Act, the penalties for contravening its provisions can be severe, with maximum penalties depending on the nature and severity of the offence (s.303EF, s.303EC(3)). Public comments and consultations with relevant ministers also play a role in determining the appropriateness and risks associated with such imports.