Amendment - List of Specimens Taken to be Suitable for Live Import (New Zealand Blackfoot Paua)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (the Act) was enacted to provide for the protection of the environment, notably through the preservation of biodiversity and ecological processes. This Act addresses the need for a comprehensive framework to regulate activities that may impact the environment and biodiversity, thereby ensuring sustainable use of natural resources. In this context, the Act establishes criteria and permits for the import and export of live specimens, including animals and plants, to prevent the introduction of potentially harmful species into the Australian ecosystem. The policy objective of the Act is to safeguard Australia's unique flora and fauna, maintain ecological balance, and support the sustainable use of biodiversity. The amendment introduced by the Minister for Sustainability, Environment, Water, Population and Communities in 2012 pertains to the regulation of live imports, specifically focusing on invertebrate animals, particularly molluscs. By adding Haliotis iris, commonly known as New Zealand Blackfoot Paua, to the list of specimens suitable for live import under stringent conditions, the amendment aims to control the importation of this species to research facilities only, with a requirement for high security measures. This measure is intended to prevent the potential ecological risks associated with the introduction of non-native species, thereby protecting Australia's native biodiversity.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, as amended, pertains to the regulation of activities that have, or are likely to have, a significant impact on matters of national environmental significance. This includes the control of live imports to protect native flora, fauna, and ecosystems from potential threats. The specified amendment under section 303EB of the Act focuses on adding a new entry under the category of invertebrate animals, specifically molluscs, to the list of specimens deemed suitable for live import. The new entry pertains to Haliotis iris, commonly known as New Zealand Blackfoot Paua, which can only be imported for research purposes and must be housed in high-security facilities to mitigate any potential risks to native species. The amendment is applicable to all persons or entities seeking to import Haliotis iris into the Commonwealth of Australia, thereby ensuring stringent conditions are met to safeguard the environment. The amendment is effective from the date of publication in the Commonwealth of Australia Gazette, and its application is limited to the specific taxon mentioned, with no broader exemptions or exclusions outlined in this particular amendment.

Key Provisions

The main operative section of this legislative instrument (s.303EB) amends the Environment Protection and Biodiversity Conservation Act 1999 by adding a new entry to the list of specimens taken to be suitable for live import. Specifically, under the heading Invertebrate Animals, Molluscs (Mollusca), the taxon Haliotis iris, commonly known as New Zealand Blackfoot Paua, is added with the condition that it can only be imported for research purposes and must be kept in high security facilities (s.303EB). This addition aims to regulate the importation of this particular species to Australia, ensuring it is subject to specific conditions that are likely intended to protect both the species and the environment. The obligations and requirements imposed by this Act on parties or entities involved in the import of the New Zealand Blackfoot Paua are quite stringent. Importers must ensure that the species is only brought into the country for research purposes and must adhere to the condition of maintaining it in high security facilities. This likely entails meeting specific security standards and protocols to prevent any escape or illegal trade of the species, which could have detrimental effects on both native ecosystems and the species itself. These measures are designed to safeguard the integrity of the research being conducted and to prevent any potential environmental harm. There are specific offences, penalties, or consequences for breach of the provisions in this Act. While the legislation itself does not explicitly detail the penalties for non-compliance, breaches of the Environment Protection and Biodiversity Conservation Act 1999 can result in significant penalties. Under Australian law, unauthorised activities that violate environmental protection laws can lead to both civil and criminal penalties. Civil penalties can include fines up to $666,000 for corporations and $66,600 for individuals, while criminal penalties can include fines of up to $666,000 for corporations and $133,200 for individuals, as well as potential imprisonment. These severe penalties underscore the importance of adhering to the conditions set forth for the import of the New Zealand Blackfoot Paua and other protected species.