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) (c)
(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 (live import list).
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.
Caenorhabditis elegans (a nematode) is listed on Part 2 of the live import list and is the subject of research into gene function. The conditions attached to this import are Research only, and Quarantine Approved Premise only.
AQIS does not believe that C. elegans poses a significant quarantine risk and that a Quarantine Approved Premise only requirement is unnecessary
This species was permitted for entry under the previous legislation, the Wildlife Protection (Regulation of Exports and Imports) Act 1982, with no conditions attached to the import of this species. For this reason C. elegans should be listed on Part 2 of the live import list without conditions.
In accordance with s. 303EC(1)(c) of the EPBC Act, the effect of this instrument is to correct an inaccuracy to Part 2 of the list by removing conditions of Research only, Quarantine Approved Premise only attached to the listing of C. elegans.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive protection of the environment, particularly focusing on biodiversity conservation and the regulation of activities that may lead to its degradation. This legislation establishes a framework for the protection of the environment and biodiversity, including the regulation of the import and export of live specimens. One of the key aspects of the EPBC Act is the regulation of live imports through a list of specimens suitable for live import, ensuring that only certain species are allowed into the country and under specific conditions to mitigate any potential risks. In 2005, an amendment was made to the list of specimens suitable for live import, specifically concerning the species Caenorhabditis elegans, a nematode used in research. This amendment aimed to correct an inaccuracy in the listing by removing certain conditions previously attached to its import, reflecting the assessment that it does not pose a significant quarantine risk and should be permitted entry without restrictions. This change was made in accordance with section 303EC(1)(c) of the EPBC Act, ensuring alignment with the policy objective of facilitating research while maintaining necessary biosecurity measures.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the importation of live specimens into Australia, with a specific focus on those listed as suitable for live import. This legislation applies to individuals, entities, and industries involved in the import of live specimens, particularly those engaging in research or commercial activities. The Act's jurisdictional reach extends across the Commonwealth of Australia, ensuring a uniform approach to the regulation of live imports. The legislative instrument in question pertains to a correction in the listing of Caenorhabditis elegans (a nematode) on the live import list, specifically adjusting the conditions previously attached to its import. Originally listed under Part 2 of the live import list with conditions of 'Research only' and 'Quarantine Approved Premise only', the instrument now removes these conditions in recognition of the negligible quarantine risk posed by this species. This amendment aligns with the species' treatment under the former Wildlife Protection (Regulation of Exports and Imports) Act 1982, which allowed for its import without conditions. The instrument's effect is to correct an inaccuracy in the EPBC Act's regulations, facilitating smoother importation processes for research purposes while maintaining Australia's biosecurity standards.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the import of live specimens, specifying that they can only be imported if listed in the live import list (s.303EB). This list is divided into two parts: Part 1 includes species exempt from import permits, while Part 2 includes species that require an import permit under the EPBC Act. According to section 303EC(1)(c) of the EPBC Act, an amendment to the list can be made to correct inaccuracies. The recent amendment pertains to the listing of Caenorhabditis elegans, a nematode, which is now to be included in Part 2 of the list without any specific conditions.
The obligations under the Act for entities and parties involved in the import of live specimens include ensuring that any live specimen brought into the country complies with the EPBC Act and the live import list. Importers must verify that the species they intend to import is listed in the appropriate part of the list and adhere to any conditions specified. For C. elegans, the amendment removes the previous conditions of "Research only" and "Quarantine Approved Premise only," meaning that it can now be imported without these restrictions. This change aligns with the Australian Quarantine and Inspection Service's (AQIS) assessment that C. elegans does not pose a significant quarantine risk and that the "Quarantine Approved Premise only" requirement is unnecessary.
The amendment to the live import list is designed to streamline the import process for C. elegans, facilitating research activities without unnecessary regulatory hurdles. This change reflects the findings of AQIS that this species poses minimal risk to the Australian environment and agricultural sectors. By removing the previous conditions, the Act ensures that researchers and institutions can import C. elegans more easily, thus supporting scientific research and development.
In terms of legal consequences, any breach of the requirements set out in the EPBC Act and the live import list can result in penalties. Although the specific penalties for this amendment are not detailed in the explanatory statement, general provisions under the EPBC Act may include fines and other sanctions for non-compliance. The maximum penalties can vary depending on the nature and severity of the breach, but they are intended to enforce compliance and protect Australia's biodiversity and ecosystems.