Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the need for comprehensive protection of Australia's environment and biodiversity. The Act establishes a framework for the protection of the environment, including the regulation of activities that may have significant impacts on the environment, particularly those involving the introduction of non-native species. The Act empowers the Minister for the Environment to manage and control the importation of live specimens, ensuring that any such imports are conducted in a manner that minimises potential risks to the environment and biodiversity. The policy objective of the Act is to protect and conserve Australia's biodiversity and manage environmental impacts, both within and outside Australia's jurisdiction. The legislative instrument under the Act adds Schmidtea mediterranea CIW4 clonal laboratory strain to the List of Specimens Taken to be Suitable for Live Import, allowing its importation for research purposes under strict conditions to mitigate environmental risks.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 governs the protection of the environment and biodiversity within Australia and its territories, impacting a wide range of entities, including individuals, corporations, and government bodies, as well as various industries and conduct involving environmental and biodiversity conservation. The Act applies nationally across Australia, ensuring a cohesive approach to environmental protection and biodiversity conservation. Under this Act, the Minister for the Environment has the authority to amend the List of Specimens Taken to be Suitable for Live Import, which dictates the conditions under which live specimens can be imported. Specifically, the addition of Schmidtea mediterranea CIW4 clonal laboratory strain to Part 2 of this list requires that its import be limited to research purposes and conducted exclusively within high security facilities. This legislative instrument, issued under the authority of the Minister, ensures that the import of this species is tightly regulated to mitigate any potential environmental risks, reflecting the Act's commitment to safeguarding Australia's biodiversity and environment.

Key Provisions

The main operative sections of this instrument are sections 303EC(1)(a) and 303EB of the Environment Protection and Biodiversity Conservation Act 1999. Section 303EC(1)(a) provides that live specimens can only be imported if they are included on the List of Specimens Taken to be Suitable for Live Import. Section 303EB sets out the two parts of the list: Part 1 includes species exempt from the requirement for an import permit, and Part 2 includes species that require an import permit. This instrument adds Schmidtea mediterranea CIW4 clonal laboratory strain to Part 2 of the list, allowing its import for research purposes only into high security facilities. The Act imposes several obligations on parties and entities it governs. Firstly, under section 303EC(1)(a), any person wishing to import a live specimen must ensure that it is included on the live import list. Secondly, under section 303EB, species on Part 2 of the list, such as Schmidtea mediterranea CIW4, require an import permit and must be imported into high security facilities for research purposes only. The Minister must also consult with relevant state and territory ministers before amending the list, as outlined in section 303EC(3). Breach of the conditions imposed by the Act can lead to offences and penalties. Under section 303K, any person who contravenes the Act or the regulations can be subject to civil or criminal penalties. For example, importing a listed species without the required permit or into an unauthorised facility can result in criminal penalties including fines of up to $222,200 for individuals and $1,111,000 for bodies corporate, as well as imprisonment for up to 5 years. In addition, under section 303L, a person who causes or authorises an action that breaches the Act can also be held liable for the breach. In summary, this instrument allows the import of Schmidtea mediterranea CIW4 clonal laboratory strain for research purposes only into high security facilities, subject to the obligations and conditions imposed by the Environment Protection and Biodiversity Conservation Act 1999. Breach of these conditions can result in civil and criminal penalties under the Act.