EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
List of Specimens Taken to be Suitable for Live Import Amendment 2018 (No. 5)
Instrument under subparagraph 303EC(1)(a)(i)
(Issued under Authority of the Assistant Minister for the Environment)
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 include Crassostrea gigas, Crassostrea sikamea, Crassostrea virginica, Ostrea edulis, Ostrea conchaphila and Ostrea lurida (Pacific oyster, Kumamoto oyster, Atlantic oyster, European flat oyster, Olympia oyster and northern Olympia oyster) on Part 2 of the Live Import List. Including these species on Part 2 of the Live Import List will allow the import of live specimens of these 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 s303EC(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 s303EF of the EPBC Act, the applicant’s initial assessment report was published on the Department of the Environment and Energy’s website and public comments sought. One public comment was 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.
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).