Amendment - List of Specimens Taken to be Suitable for Live Import (19/07/2010)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) regulates the importation of live specimens into Australia to safeguard the nation's biodiversity and environment. This Act was enacted to address the need for stringent controls on the importation of live specimens that could potentially harm Australia's native flora and fauna. Under the EPBC Act, the importation of live specimens is contingent on their inclusion in the list of specimens taken to be suitable for live import. This legislative instrument, issued under the authority of the Minister for Environment Protection, Heritage and the Arts, amends this list by adding Acyrthosiphon pisum (Pea Aphid) to Part 2, thereby permitting its importation under specified conditions, such as for eligible non-commercial research purposes in high security facilities. The amendment was initiated following an application and was subjected to environmental impact assessments and consultations with relevant state, territory, and Australian government ministers. The decision to list the species with specified conditions was made upon the consideration that it poses minimal risk to the Australian environment, provided that all stipulated conditions are strictly adhered to.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment to the List of Specimens Taken to be Suitable for Live Import applies to the import of live specimens of Acyrthosiphon pisum, commonly known as Pea Aphid, into Australia. This amendment adds the species to Part 2 of the live import list, meaning that its import will now require a permit under the EPBC Act, subject to specified conditions such as being for eligible non-commercial research purposes only and excluding household pets, and being imported into high security facilities only. This legislative instrument operates within the Commonwealth jurisdiction and its application is intended to regulate the importation of potentially environmentally harmful species, ensuring that such imports are conducted under controlled conditions that mitigate environmental risks. The amendment was initiated by an application under the EPBC Act and was subject to consultation with relevant state, territory and Australian Government ministers, all of whom supported the proposal or had no objections, provided the conditions were adhered to. The amendment reflects a considered decision by the Minister to allow the import of this species under specified conditions that pose minimal risk to the Australian environment.

Key Provisions

The key operative sections of this legislation 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) mandates that a live specimen can only be imported if it is included on the live import list. Section 303EB establishes the list itself, which is divided into two parts: Part 1 lists species exempt from the need for an import permit, while Part 2 lists species that require an import permit. The amendment in question adds Acyrthosiphon pisum, commonly known as the Pea Aphid, to Part 2 of the list, thereby permitting its import under certain conditions, such as for eligible non-commercial research purposes and only in high-security facilities. The obligations and requirements imposed by this Act on the parties or entities it governs are primarily centred around the adherence to the conditions specified for the import of Acyrthosiphon pisum. Importers must ensure that the Pea Aphid is used solely for eligible non-commercial research purposes and that it is kept in high-security facilities to mitigate any potential environmental risks. The Act requires that all relevant state, territory, and Australian Government ministers be consulted before such amendments are made. In this instance, the Department of the Environment, Water, Heritage and the Arts consulted with all relevant state and territory ministers for the environment, conservation, and agriculture, as well as the Australian Government Department of Agriculture, Fisheries and Forestry. All respondents supported the proposal or had no objection, provided the conditions mitigating environmental threat were adhered to. In terms of offences, penalties, or consequences for breach, the Environment Protection and Biodiversity Conservation Act 1999 does not specify penalties for failure to comply with the conditions related to the import of live specimens in the explanatory statement provided. However, it is important to note that breaches of the EPBC Act can result in significant civil and criminal penalties. Civil penalties can include fines up to a maximum of $666,000 for corporations and $66,600 for individuals, depending on the severity and circumstances of the breach. Criminal penalties can include imprisonment, with the maximum penalties varying according to the specific offence committed. These penalties underscore the importance of adhering to the conditions set forth in the Act to avoid legal repercussions.