EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Amendment of the List of Specimens Taken to be Suitable for Live Import
in accordance with section 303EC (1) (e)
(Issued under Authority of the Minister for the Environment and Heritage)
Under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), in general terms, 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 s303EB 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.
Ceriodaphnia dubia is a species of Crustacean that is found all over the earth in temperate areas where there is a suitable supply of fresh water. C. dubia is commonly used in freshwater toxicology across the world and is listed and recommended in many freshwater guidelines for toxicity testing. Curtin University wish to amend the list to include this species to allow specimens to be imported as dormant eggs, and then incubate and hatch the specimens so they will be of a uniform age, which provides greater accuracy in test results.
The effect of this instrument is to add C. dubia to Part 2 of the list of specimens suitable for live import, for research purposes, and only to be held in a Quarantine Approved Premise. Specimens will be destroyed on completion of the research.
Adding C. dubia to Part 2 will allow this species to be imported for non-commercial purposes. The conditions attached to this species will mean that import can only occur if the specimens are for eligible non-commercial purposes (excluding household pets and travelling exhibition) and the specimens must be held Quarantine Approved Premises.
In determining whether to amend the list of specimens suitable for live import to include C. dubia on Part 2, the Minister considered the outcomes of an assessment report prepared in accordance with s303EF of the EPBC Act. Copies of the assessment report are available at the following website:
http://www.deh.gov.au/biodiversity/trade-use/publicnotices/archive/draft-report/water-flea.html
The assessment report was published on the Department of the Environment and Heritage website and comments sought. The Qld Minister for Environment and two public comments received opposed the import of C. dubia. The issues of concern raised were that the species could be sourced within Australia using existing protocols for toxicity testing for such organisms. In addition it was stated that there is uncertainty relating to the taxonomy of the species and it is possible that the species being imported is a genetically distinct to that found in Australian waters. If the imported C. dubia is accidentally released or escapes it may compete with native species. Concern was also raised regarding the fact that the no consideration was given by the applicant as to the method of disposal of the species once the research is completed. This is, however, addressed by the requirements of a Quarantine Approved Premise.
A decision to amend the live import list was made on the basis that the security provisions in place to prevent release and/or escape outweighed the potential risks associated with this species.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a comprehensive framework to protect Australia's environment, particularly its biodiversity, from the impacts of activities and developments. This legislation is administered by the Parliament of Australia and its overarching policy objective is to ensure that the protection of the environment is integrated into decision-making processes. The EPBC Act provides mechanisms for the protection of native species, ecosystems, and heritage places, and regulates activities that may have a significant impact on the environment. As part of its functions, the Act maintains a list of specimens suitable for live import, ensuring that only certain species can be imported under specific conditions to mitigate risks to native biodiversity.
In line with these objectives, an amendment to the list of specimens suitable for live import was proposed to include Ceriodaphnia dubia, a species of Crustacean, in Part 2 of the list for research purposes. This amendment was driven by Curtin University, which sought to import dormant eggs of this species to be incubated and hatched under controlled conditions, thereby ensuring uniformity in age for accurate testing. Despite opposition from the Queensland Minister for Environment and two public comments citing concerns about the species' taxonomy, potential competition with native species, and the method of disposal, the decision to amend the list was made based on the stringent security provisions to prevent release or escape. These provisions were deemed sufficient to outweigh the potential risks associated with the import of C. dubia.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the import of live specimens, generally requiring these to be listed as suitable for live import. The Act facilitates the inclusion of certain species in a list of specimens that can be imported, either without an import permit or with one, depending on the species and purpose. This legislative instrument specifically addresses the amendment of the list to include Ceriodaphnia dubia, a species of crustacean, in Part 2 of the list, which allows for importation with a permit for non-commercial purposes. The amendment is intended to enable Curtin University to import dormant eggs of C. dubia for research, provided they are held in Quarantine Approved Premises and destroyed upon completion of the research. This addition aims to improve the accuracy of test results by ensuring the specimens are of a uniform age. The decision to amend the list was made despite concerns from the Queensland Minister for Environment and public comments, considering the stringent conditions attached to the import, such as the requirement for specimens to be held in approved quarantine premises, which mitigates the risks of accidental release or escape into the environment.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) specifies that only those live specimens listed as suitable for import under sections 303EC (1) (e) can be brought into Australia. The Act maintains a list of such specimens, with Part 1 consisting of species that do not require an import permit and Part 2 comprising species that require an import permit. The legislation under discussion proposes to amend this list by adding Ceriodaphnia dubia, a species of crustacean, to Part 2. This amendment would permit the import of C. dubia for research purposes, provided they are held in a Quarantine Approved Premise and are destroyed upon completion of the research.
The obligations under this Act for parties involved include ensuring that any imported specimens of C. dubia are intended for non-commercial purposes, such as research, and are kept in an approved quarantine facility. This requirement is in place to mitigate any potential risks associated with the introduction of this species into Australia. Additionally, the importer must adhere to the terms of the permit, which includes maintaining the specimens in a controlled environment and ensuring that they are disposed of in a manner that prevents any environmental harm. The Act also imposes a duty on the importer to report any accidental release or escape of the species to the relevant authorities immediately.
Breach of the conditions outlined in the permit or failure to comply with the obligations under the Act can result in both civil and criminal consequences. Under section 474 of the EPBC Act, the maximum penalty for contravening the Act includes fines of up to $66,000 for individuals and $330,000 for corporations, alongside potential imprisonment terms. Additionally, any environmental harm caused by the breach could lead to further penalties under other sections of the Act. It is imperative for those importing C. dubia to strictly adhere to the conditions set forth to avoid these severe repercussions.