Amendment - List of Specimens Taken to be Suitable for Live Import (Ram's horn snail, Parasitic blood fluke)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was introduced to provide a framework for the protection of the environment, particularly by addressing the impacts of activities, species, and ecosystems of national and international significance. The Act was enacted by the Parliament of Australia and aims to conserve Australia’s biodiversity and manage its environmental impacts. In line with its policy objective to regulate and control the live import of specimens, the 2013 amendment made under section 303EB of the Act, by Tony Burke, the then Minister for Sustainability, Environment, Water, Population and Communities, aims to further refine the list of specimens suitable for live import. This specific amendment adds two new entries to the list under the headings of Invertebrate Animals, Molluscs and Flukes, with conditions stipulating that these species can only be imported for research purposes and only under high security facilities.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 governs the protection of the environment and biodiversity in Australia, with the Act applying to all persons and entities within the Commonwealth's jurisdiction. The legislation imposes obligations on those involved in activities that may have a significant impact on matters of national environmental significance, including the import of live specimens that could pose a risk to the environment or human health. This particular amendment to the Act pertains to the list of specimens taken to be suitable for live import, specifically adding Bulinus truncatus, commonly known as the ram's horn snail, and Schistosoma haematobium, known as the parasitic blood fluke, under the category of invertebrate animals. These additions specify that the import of these specimens is allowed only for research purposes and must occur in high-security facilities to mitigate any potential risks they may pose. The amendment extends the application of the Act by updating the list of suitable specimens for live import, thereby impacting the entities and individuals involved in such activities. This legislative change ensures that the import of these specific specimens adheres to stringent conditions to safeguard Australia's environment and public health.

Key Provisions

The primary operative sections of the amendment to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) involve adding new entries to the list of specimens deemed suitable for live import under section 303EB. Specifically, section 303EB is amended to include two new entries: Bulinus truncatus, commonly known as the Ram’s horn snail, under the category Invertebrate Animals, Molluscs, and Schistosoma haematobium, known as the parasitic blood fluke, under Invertebrate Animals, Flukes. These entries are subject to specific conditions for import, which are detailed in the amendment. The Act imposes certain obligations and requirements on the parties or entities involved with the importation of these species. Firstly, both the Ram’s horn snail and the parasitic blood fluke are permitted for import only under stringent conditions, specifically for research purposes and only in high security facilities. This requirement ensures that the importation is conducted in a controlled environment, minimising any potential risks associated with these species. Compliance with these conditions is mandatory for any entity or individual seeking to import these specimens. Breaching the conditions set forth in the amendment can lead to significant consequences. The Act does not explicitly state penalties for non-compliance in this specific amendment, but general provisions within the EPBC Act outline potential civil and criminal penalties for breaches. Civil penalties can include fines up to a maximum of $66,600 for individuals and $333,000 for corporations, depending on the severity of the breach. Criminal penalties can include imprisonment for up to five years. Additionally, unauthorised actions that contravene the Act may result in the forfeiture of any specimens involved and additional administrative penalties.