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 and Heritage)
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 need 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 Venturia canescens, (a parasite), to Part 2 of the list of specimens suitable for live import.
Including this species in the list will allow its import into Australia for the purpose of research. The following conditions will be applied to its import: for the purposes of Research Only, Quarantine Approved Premise only and 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 from the University of Adelaide, under s.303EE of the EPBC Act.
In determining whether to amend the list of specimens suitable for live import to include V. canescens, the Minister considered the outcomes of an assessment report prepared in accordance with s.303EF of the EPBC Act. Copies of the assessment report are available at the following website:
http://www.deh.gov.au/biodiversity/trade-use/invitecomment/venturia-canescens.html
In accordance with s.303EF of the EPBC Act, the assessment report was published on the Department of the Environment and Heritage website and comments sought. One public comment was received opposing the import.
In accordance with s. 303EF (3) of the EPBC Act, appropriate state and territory ministers and departments for the environment, conservation and agriculture were invited to comment.
DEH received eight ministerial responses to this application. Six were supportive of the application, noting that the specimens should be held in Quarantine approved facilities. The remaining two responses did not object to the import of V. canescens into Australia.
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) governs the protection of the environment and biodiversity in Australia. One of its provisions is the regulation of the import of live specimens, which can only be imported if they are on a specified list. The list is divided into two parts: species exempt from needing an import permit and species that require a permit. In response to an application from the University of Adelaide, the EPBC Act was amended to include Venturia canescens, a parasitic species, in the second part of the list of specimens suitable for live import. This amendment allows for the importation of this species for research purposes, subject to strict conditions, including the requirement that the research be conducted only in quarantine-approved premises and that all specimens be destroyed upon completion of the research. The decision to amend the list was based on an assessment report that was made available for public comment, which resulted in one opposing comment and six supportive comments from relevant state and territory ministers and departments. This legislative amendment is a legislative instrument under the Legislative Instruments Act 2003 and will take effect on the first day it is no longer liable to be disallowed.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the import of live specimens into Australia, with the specific regulation of these imports managed through a list of specimens suitable for live import. This list is divided into two parts: Part 1 includes species exempt from the need for an import permit, while Part 2 comprises species that can be imported with a permit. The Act applies to all persons and entities seeking to import live specimens into Australia, and the geographic reach of the Act is national, applying throughout the Commonwealth of Australia. This legislative instrument amends the list to include Venturia canescens, a parasitic species, in Part 2, subject to specific conditions that it can only be imported for research purposes, held in quarantine-approved premises, and destroyed upon completion of research. The amendment was initiated by an application from the University of Adelaide, and the decision to include the species was based on an assessment report, which was subject to public and ministerial comment. The amendment extends the application of the EPBC Act by adding a new species to the list of those that can be imported under specific conditions.
Key Provisions
The main operative sections of the amendment to the list of specimens suitable for live import under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) involve the addition of Venturia canescens, a parasite, to Part 2 of this list (s.303EB). This amendment allows for the live import of V. canescens into Australia under specific conditions, which include the purpose of research only, confinement to quarantine-approved premises, and the destruction of all specimens upon the completion of research (s.303EE). This legislative instrument was initiated by an application from the University of Adelaide, as permitted under s.303EE of the EPBC Act.
The Act imposes certain obligations and requirements on parties involved with the import of V. canescens. Importers must ensure that the species is used strictly for research purposes and that all imported specimens are kept in facilities approved for quarantine. Additionally, all specimens must be destroyed once the research is completed to prevent any potential ecological impact (s.303EF). The amendment process also involved the publication of an assessment report on the Department of the Environment and Heritage website, soliciting public and ministerial comments, and considering these inputs in the final decision-making process (s.303EF).
Breaches of the conditions set out in the amended list may result in civil or criminal penalties. Under the EPBC Act, unauthorised import of live specimens can lead to fines and potential imprisonment. Specifically, the Act provides for penalties of up to five years imprisonment and fines of up to $330,000 for individuals, and fines of up to $1.65 million for bodies corporate (s.513). The precise penalties depend on the nature and extent of the breach, as well as any aggravating factors present in the case. Compliance with the conditions is thus crucial to avoid these serious consequences.