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).
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the import of live specimens, which are only allowed if listed in the Live Import List. This legislative instrument, issued under the authority of the Minister for the Environment and Energy, amends the listing of 20 ornamental fish species in Part 1 of the Live Import List. The amendments address various restrictions such as minimum size, sex, and scientific names, aiming to reduce the potential for the import of non-listed species and provide clarity for importers and border officials. These changes were proposed by the Department of the Environment and Energy in consultation with the Department of Agriculture and Water Resources and were supported by public comments after a consultation period. The amendments are intended to assist border officials in identifying and preventing the import of non-listed species, thereby reinforcing the integrity of the EPBC Act.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment, including the regulation of live imports of species. This Act applies to any person or entity involved in the importation of live specimens into Australia, with a specific focus on the ornamental fish industry. The Act's jurisdiction is Commonwealth-wide, extending its reach across all states and territories. The listed changes in the Live Import List, as amended by the legislative instrument F2018L00401, apply to 20 ornamental fish species, modifying size restrictions, sex restrictions, and scientific names to enhance clarity and enforcement. These amendments aim to prevent the importation of non-listed species and streamline the identification process for border officials. The instrument was developed following consultations with relevant state, territory, and Australian government ministers, as well as industry stakeholders, and after considering public feedback. The amendments will be effective upon registration, ensuring the updated list is promptly implemented.
Key Provisions
The main operative sections of this instrument, found under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), involve the amendment of the Live Import List (Live Import List) for ornamental fish species (s303EC(1)(a(i)) and (a(ii))). This list is crucial as it determines which species are permitted for live import into Australia. The amendments concern 20 ornamental fish species, with changes including specifications or adjustments to the minimum size restrictions for 11 species, removal or alteration of sex restrictions and minimum size restrictions for five species, removal of a sex restriction for one species, removal of one species from the list as it is already included under another genus listing, updating the scientific name and minimum size restriction for another species, and adding a common name to one species (s303EB). These changes are aimed at reducing the risk of importing non-listed species and enhancing clarity for both importers and border officials.
The Act imposes several obligations and requirements on parties and entities governed by it. Importers and relevant border officials must ensure that any live ornamental fish imported into Australia comply with the specifications and restrictions outlined in the amended Live Import List (s303EB). Importers are required to obtain the necessary permits for any species not exempted in Part 1 of the list, which is overseen by the Department of the Environment and Energy in consultation with other relevant departments (s303ED). Border officials must verify that imported specimens meet the criteria set out in the Live Import List to prevent the illegal import of non-listed species (s303EC).
Breaching the requirements of the Live Import List under the EPBC Act can lead to significant consequences. The Act stipulates that any person who contravenes the provisions related to the import of live specimens can be subject to civil or criminal penalties. For example, under s303EL, a person who knowingly or recklessly contravenes a condition of an import permit may be liable to a fine of up to $105,000 for an individual or $525,000 for a body corporate. Additionally, s303EN states that a person who intentionally or recklessly contravenes certain sections of the Act, including those related to the import of live specimens, may face imprisonment for up to two years, a fine of up to $210,000 for an individual or $1,050,000 for a body corporate, or both. These penalties are intended to enforce compliance and deter unlawful activities related to the live import of species.