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 14 species of Drosophila (vinegar fly), to Part 2 of the list of specimens suitable for live import. Including these species in the list will allow the import of live specimens of these species. The purpose of importing these species into Australia is for 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 Monash University under s.303EE of the EPBC Act.
In determining whether to amend the list of specimens suitable for live import to include the 14 Drosophila species, 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/vinegar-fly.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 public comments sought. One comment was received.
In accordance with paragraph 303EC(3) other appropriate state, territory and Australian Government ministers were consulted. In this case, the Department of the Environment and Heritage consulted with all state and territory ministers for the environment and the Australian minister for Agriculture, Fisheries and Forestry. Seven comments were received.
Comments were provided to the applicant, who revised the report, including additional information in relation to the issues raised
The Minister considered that listing with the conditions of ‘eligible non-commercial purposes only, excluding household pets’ and ‘high security facilities only’ imposed, the import of these species poses little risk to the Australian environment.
This instrument is a legislative instrument for the purposes or 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) was enacted by the Parliament of Australia to address the need for a comprehensive approach to environmental protection and biodiversity conservation. This Act aims to provide a framework for the protection of the environment, particularly by regulating activities that may have significant impacts on matters of national environmental significance. The Act was designed to fill a critical gap in environmental protection by ensuring that all levels of government and sectors of the economy work together to safeguard Australia's environment and biodiversity. This legislative instrument amends the list of specimens suitable for live import under the EPBC Act by adding 14 species of Drosophila (vinegar fly) to Part 2, which requires a permit for importation. The policy objective behind this amendment is to facilitate the importation of these species for research purposes while mitigating potential environmental risks through the imposition of strict conditions on their import, including the requirement for high-security facilities and eligibility for non-commercial purposes only.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment and biodiversity in Australia, and under this Act, live specimens can only be imported if they are included on a specific list of suitable specimens for live import. The list comprises two parts: Part 1 includes species exempt from the need for an import permit, while Part 2 includes species that require a permit for import. This legislative instrument amends Part 2 of this list to include 14 species of Drosophila (vinegar fly). The inclusion of these species enables their import for research purposes into Australia. The amendment was initiated by an application from Monash University, and the Minister for the Environment and Heritage made the decision to amend the list after considering an assessment report and public and ministerial consultations. The amendment imposes conditions of 'eligible non-commercial purposes only, excluding household pets' and 'high security facilities only' to mitigate the risk to the Australian environment from importing these species. This legislative instrument is subject to the Legislative Instruments Act 2003 and will take effect on the first day it is no longer liable to be disallowed.
Key Provisions
The primary operative sections of the legislation concern the amendment of the List of Specimens Taken to be Suitable for Live Import under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (s.303EC). This list is divided into two parts: Part 1, which lists species exempt from the need for an import permit under the EPBC Act, and Part 2, which includes species that can be imported with a permit. The specific amendment involves adding 14 species of Drosophila (vinegar fly) to Part 2 of the list (s.303EB). This addition permits the import of live specimens of these species into Australia, primarily for research purposes (s.303EE).
The obligations and requirements imposed by this Act on the parties and entities it governs are primarily related to the conditions under which the listed species can be imported. The Minister for the Environment and Heritage, having considered an assessment report and public and ministerial consultations, has imposed specific conditions for the import of these Drosophila species. These conditions include a restriction to 'eligible non-commercial purposes only', excluding household pets, and a requirement for 'high security facilities only' (s.303EF). This means that the import of these species must strictly adhere to these conditions to ensure minimal risk to the Australian environment.
The legislation also outlines the consequences for non-compliance with its provisions. While the specific penalties are not detailed in this instrument, breaches of the EPBC Act generally may lead to civil and/or criminal penalties. Under the EPBC Act, individuals or entities that contravene the Act could face substantial fines. For corporations, the maximum penalty can be significant, often reaching up to hundreds of thousands of dollars, depending on the severity of the breach. Additionally, individuals involved in the management of the corporation could face personal fines and even imprisonment if the breach is deemed severe enough. The exact penalties depend on the specific provisions of the EPBC Act that are breached and the discretion of the court.