EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Amendment to the List of Specimens taken to be Suitable for Live Import
Instrument under subparagraph 303EC (1)(a)(i)
(Issued under Authority of the Minister for the Environment and Energy)
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 taken to be Suitable for Live Import’ (Live Import List).
The Live Import List was established in accordance with s.303EB of the EPBC Act and has two Parts. Part 1 comprises species exempt from the requirement 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 Gryllodes sigillatus (decorated cricket) to Part 2 of the Live Import List. Including this species on Part 2 of the Live Import List will allow the import of live specimens of this species under the specified conditions: “Research only. High security facilities only”
Amendments to the Live Import List can be made either on the initiative of the Minister or by application. This list amendment was initiated by an application made to the Minister under section 303EE of the EPBC Act.
Consultation was carried out in accordance with s.303EC(3). In this case, the Department of the Environment and Energy consulted with relevant commonwealth, state and territory agencies for the environment, conservation and agriculture. Comments were considered in the Department’s assessment.In accordance with s.303EF of the EPBC Act, the recommendation report was published on the Department of the Environment and Energy’s website and public comments sought. No comments from the public were received.
The decision instrument is a legislative instrument for the purposes of the Legislation Act 2003. It will take effect on the day after registration.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is foundational legislation designed to safeguard Australia's environment and biodiversity. This Act was enacted to address the overarching issue of environmental protection, aiming to prevent significant damage to the environment from hazardous chemicals, nuclear actions, and other detrimental activities. The Parliament of Australia established this comprehensive framework to provide a unified approach to environmental conservation, ensuring that activities impacting the environment are managed effectively. One specific amendment to the Act, detailed in the instrument F2017L00546, was introduced to refine the 'List of Specimens taken to be Suitable for Live Import'. This amendment was made to allow the live import of Gryllodes sigillatus (decorated cricket) under strict conditions, thereby filling a specific regulatory gap in the import protocols for live specimens. The policy objective of this amendment was to balance the need for scientific research with stringent biosecurity measures to protect Australia's ecological integrity.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the import of live specimens, allowing them to be brought into Australia only if they are included on the ‘List of Specimens taken to be Suitable for Live Import’ (Live Import List). This list has two parts, with Part 1 comprising species exempt from the requirement for an import permit and Part 2 comprising species that can be imported with a permit under the EPBC Act. The legislative instrument F2017L00546 amends the Live Import List by adding Gryllodes sigillatus, commonly known as the decorated cricket, to Part 2. This addition permits the import of live specimens of this species under specific conditions, namely for research purposes only and in high security facilities. The amendment was initiated by an application to the Minister under section 303EE of the EPBC Act, with consultation conducted with relevant commonwealth, state, and territory agencies. The Department of the Environment and Energy also published a recommendation report on its website, seeking public comments, none of which were received. This legislative instrument, which is a legislative instrument for the purposes of the Legislation Act 2003, will take effect on the day after its registration.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) has specific provisions regarding the import of live specimens, which are outlined in the 'List of Specimens taken to be Suitable for Live Import' (Live Import List) (s.303EB). This list is divided into two parts. Part 1 includes species that do not require an import permit under the EPBC Act, while Part 2 lists species that can be imported only if a permit is obtained (s.303EC(1)(a)(i)). The recent amendment adds Gryllodes sigillatus, commonly known as the decorated cricket, to Part 2 of the Live Import List. This addition permits the import of live specimens of this species under the specified conditions: "Research only. High security facilities only."
The obligations imposed by this amendment are primarily administrative and procedural. Firstly, the amendment was initiated by an application under section 303EE of the EPBC Act, which requires consultation with relevant federal, state, and territory agencies. These agencies include those responsible for the environment, conservation, and agriculture (s.303EC(3)). The Department of the Environment and Energy, which oversees these matters, must consider the feedback from these consultations in its assessment of the proposed amendment. Furthermore, the amendment process mandates that a recommendation report be published on the Department’s website, inviting public comment (s.303EF). In this instance, no public comments were received.
Failure to comply with the provisions and conditions outlined in the Live Import List can lead to various consequences. The EPBC Act includes both civil and criminal penalties for breaches. Civil penalties can include fines up to a significant amount, depending on the nature and severity of the breach. Criminal penalties are also applicable, and individuals or entities found guilty of serious violations could face imprisonment. The specific penalties are detailed in other sections of the EPBC Act and are subject to the courts' discretion based on the circumstances of each case. It is essential for those involved in the import of live specimens to adhere strictly to the conditions specified in the Live Import List to avoid these potential legal consequences.