Amendment - List of Specimens Taken to be Suitable for Live Import (23/08/2005)

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 legislation was introduced to address the need for comprehensive regulation of activities that impact the environment, including the importation of live specimens, which can pose ecological risks if not properly controlled. The Act aims to balance environmental protection with economic considerations and social well-being. Under this Act, the Australian Parliament established a legislative framework to manage and regulate activities that may harm the environment, ensuring sustainable practices and conservation efforts. The explanatory statement for the amendment to the list of specimens suitable for live import, issued under the authority of the Minister for the Environment and Heritage, highlights a correction to an oversight in the initial establishment of the list, ensuring that Schistosoma mansoni is included in Part 2 of the live import list, subject to specific conditions for research and quarantine.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) sets out the legal framework for the protection of the environment and biodiversity in Australia, and this includes regulating the import of live specimens. Specifically, the Act stipulates that a live specimen can only be imported if it is included on the live import list, which is established under section 303EB of the EPBC Act. This list is divided into two parts, with Part 1 consisting of species that are exempt from the need for an import permit, and Part 2 comprising species that require a permit for import under the EPBC Act. The legislation applies to all individuals and entities seeking to import live specimens into Australia, thereby covering a broad range of industries involved in biological research, wildlife trade, and related fields. The Act's jurisdictional reach is national, as it is a Commonwealth Act. This amendment to the live import list, issued under the authority of the Minister for the Environment and Heritage, specifically addresses an oversight by correcting an error in the initial listing, ensuring that Schistosoma mansoni is included in Part 2 with the conditions of Research only and Quarantine approved premises only. This legislative instrument, as per the Legislative Instruments Act 2003, came into effect on the day it was registered on the Federal Register of Legislative Instruments.

Key Provisions

The main operative sections of this legislation (F2005L02371) amend the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) to correct an oversight in the list of specimens taken to be suitable for live import. Specifically, section 303EC(1)(c) refers to the correction of an inaccuracy in Part 2 of the list, which includes species that can be imported with a permit under the EPBC Act. Schistosoma mansoni, commonly known as the blood fluke, has been added to this list with the conditions that the import is for research purposes only and that it must be conducted in quarantine-approved premises. This is in recognition of the species' relevance to research into human health. Under the EPBC Act, entities or individuals seeking to import live specimens must ensure that the species they wish to import is listed in the appropriate part of the live import list. For Schistosoma mansoni, this means that any import must comply with the conditions set out in the amendment, namely for research purposes only and in quarantine-approved premises. These conditions are intended to mitigate any potential risks associated with the import of the species, ensuring that it is handled in a controlled and safe environment. The obligations imposed on parties importing Schistosoma mansoni are stringent. Importers must obtain the necessary permits in accordance with the EPBC Act and adhere to the conditions specified in the amendment. This includes ensuring that the research is conducted in premises approved for quarantine, which typically means facilities equipped to handle and contain biological materials safely. Compliance with these conditions is mandatory, and failure to do so could result in legal consequences. In terms of penalties and consequences for breach, the EPBC Act provides for both civil and criminal penalties. Civil penalties can include fines up to a substantial amount, depending on the severity and impact of the breach. Criminal penalties may also apply, with the potential for imprisonment. The specific penalties are detailed in the main body of the EPBC Act and can vary based on the nature of the offence. The amendment itself does not specify penalties but operates under the existing legal framework that allows for enforcement actions against non-compliance.