EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
List of Specimens Taken to be Suitable for Live Import Amendment 2018 (No. 1)
Instrument under subparagraphs 303EC (1)(a(i)) and (a(ii))
(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 in the list of specimens taken to be suitable for live import (Live Import List).
The Live Import List was established in accordance with s303EB 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 amend the listing of 20 ornamental fish species in Part 1 of the Live Import List. The amendments include the specification of, or a change in, the minimum size restriction for 11 species; the removal of the sex restriction and removal or change in the minimum size restriction for five species; the removal of the sex restriction for one species; removing one species from the list as it is already included within a separate listing of the genus; updating the scientific name and minimum size restriction for one species and adding a common name to one species. These amendments will reduce the potential for the import of non-listed species and provide greater clarity for importers and border officials alike.
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 a delegate of the Minister under s303ED of the EPBC Act. In determining whether to amend the listings of these fish in the Live Import List, the Minister considered the proposed amendments in a recommendation report prepared by the Department of the Environment and Energy, in consultation with the Department of Agriculture and Water Resources.
In accordance with s303EC (3), appropriate state, territory and Australian Government ministers were consulted. In this case, the Department of the Environment and Energy consulted with all relevant state and territory ministers for the environment, conservation and fisheries (or their delegates).
In accordance with s303EF of the EPBC Act, the recommendation report was published on the Department of the Environment and Energy’s website and public comments sought. Key industry members were contacted directly. Thirteen public responses were received. The comments were generally supportive of the amendments.
The Minister considered that amending the listings of the species will assist border officials to better identify imports of these live ornamental fish and prevent similar non-listed species being imported.
This instrument is a legislative instrument for the purposes of the Legislation Act 2003. It will take effect on the day after registration.
Note: The name of this instrument was amended on registration as the instrument as lodged did not have a unique name (see subsection 10(2), Legislation Rule 2016).