EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Amendment to the List of Specimens taken to be Suitable for Live Import
Instrument under paragraph 303EC(1)(a)
(Issued under Authority of the Minister for the Environment)
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 section 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 require an import permit.
The effect of this instrument is to add Haliotis discus hannai (Pacific Abalone) and Haliotis rufescens (Red Abalone) 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: Research only, high security facilities only.
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 an application made to the Minister under section 303EE of the EPBC Act.
In determining whether to amend the live import list to include Haliotis discus hannai and Haliotis rufescens, the Minister considered the outcomes of assessment reports on the potential impacts on the environment, prepared in accordance with section 303EF of the EPBC Act.
In accordance with paragraph 303EC(3) of the EPBC Act, appropriate state, territory and Australian Government ministers were consulted. In this case, the Department of the Environment consulted with all relevant ministers for the environment and agriculture (or their delegates).
Of the seven responses received initially, six supported listing if imports and keeping could be adequately managed and that listing should be subject to specific conditions to limit further importation of this species for other reasons. One respondent had concerns with the quarantine conditions surrounding the importation and transport of the Abalone to the secure facilities. This will be addressed by the Commonwealth Department of Agriculture under the Quarantine Act.
In accordance with section 303EF of the EPBC Act, the assessment report was published on the Department of the Environment website and public comments sought. One comment was received from a non government organisation opposing the general listing on the grounds of potential risks to the Abalone industry but supported limited importation for scientific research purposes.
Although the species, Haliotis discus hannai and Haliotis rufescens, pose a risk of becoming established if they were to escape containment, the Minister considered that listing the species with appropriate conditions poses little risk to the environment. This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003. It will take effect on the day after registration on the Federal Register of Legislative Instruments.
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. This Act addresses the gap in regulations concerning the importation of live specimens by establishing a framework that includes the List of Specimens taken to be Suitable for Live Import. The Minister for the Environment, under the authority of this Act, has introduced an amendment to this list through the instrument F2015L01100. This amendment was made in response to an application under section 303EE of the EPBC Act and aims to add Haliotis discus hannai (Pacific Abalone) and Haliotis rufescens (Red Abalone) to Part 2 of the list, requiring an import permit. The decision was influenced by assessment reports and consultations with relevant ministers, balancing the need to manage potential environmental risks with the benefits of scientific research. Public feedback was also considered, with most comments supporting the listing under stringent conditions to mitigate any potential environmental harm.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment to the List of Specimens taken to be Suitable for Live Import targets specific species for the purposes of regulating their importation into Australia. This legislative instrument pertains to Haliotis discus hannai (Pacific Abalone) and Haliotis rufescens (Red Abalone), which have been added to Part 2 of the live import list, meaning they now require an import permit. This addition applies to any person or entity seeking to import these species into Australia, ensuring that such imports are conducted under strict conditions, specifically for research purposes and only in high security facilities. The amendment is applicable nationwide, with its reach extending across the Commonwealth, states, and territories of Australia. The decision to amend the list was made following consultations with relevant state, territory, and federal ministers, as well as consideration of public and expert opinions, ensuring that the amendment balances the need for controlled scientific research with environmental protection.
Key Provisions
The key operative sections of the Environment Protection and Biodiversity Conservation Amendment (List of Specimens Taken to be Suitable for Live Import) Instrument 2015 (F2015L01100) concern the addition of Haliotis discus hannai (Pacific Abalone) and Haliotis rufescens (Red Abalone) to Part 2 of the List of Specimens taken to be Suitable for Live Import (subsection 303EC(3)(a)). This addition mandates that any live specimens of these species imported into Australia must be done so under specific conditions: primarily for research purposes and only in high security facilities (section 303EB). The instrument was issued under the authority of the Minister for the Environment, as outlined in the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), and it requires consultation with relevant state, territory, and Australian Government ministers (section 303EF).
The obligations imposed by this instrument on the parties or entities it governs include strict adherence to the conditions stipulated for the import of Haliotis discus hannai and Haliotis rufescens. Importers must ensure that any live specimens of these species are imported only for research purposes and must be housed in high security facilities that meet the specified criteria to prevent escape and potential environmental harm. Additionally, the Department of Agriculture will oversee the quarantine conditions for these imports under the Quarantine Act, ensuring that all necessary measures are in place to mitigate any risks associated with the transport and containment of the abalone.
Any breaches of the conditions outlined in this instrument can lead to serious consequences. Under the EPBC Act, unauthorised imports of live specimens can result in both civil and criminal penalties. Civil penalties can include fines of up to $66,600 for individuals and $333,000 for bodies corporate, while criminal penalties can result in fines of up to $550,000 for individuals and $2.75 million for bodies corporate, as well as potential imprisonment terms. These stringent penalties are in place to ensure compliance with the environmental protection measures designed to prevent the establishment of these species outside their natural habitats.