List of Specimens taken to be Suitable for Live Import Amendment (Common Garden Snail) Instrument 2020

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. The Act addresses various environmental issues, including the protection of biodiversity, heritage sites, and endangered species, by regulating activities that may impact these areas. This legislative framework is designed to ensure that environmental considerations are integrated into decision-making processes, thereby mitigating potential adverse effects on the environment. The Act empowers the federal government to take necessary actions to conserve biodiversity and manage environmental risks. The List of Specimens Taken to be Suitable for Live Import, which forms part of the EPBC Act, regulates the import of live specimens to prevent the introduction of invasive species that could harm the environment or native wildlife. This legislative instrument, introduced in 2020, amends the Live Import List to include the Common Garden Snail (Cornu aspersum) in Part 1, recognising it as an exempt specimen under the Act. This amendment was made following an application and a thorough risk assessment process that involved public consultation and consideration of expert advice, ensuring that the addition of the Common Garden Snail to the list aligns with the policy objectives of the EPBC Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 List of Specimens Taken to be Suitable for Live Import Amendment (Common Garden Snail) Instrument 2020 amends the List of Specimens Taken to be Suitable for Live Import to include Cornu aspersum (Common Garden Snail) in Part 1, which comprises unregulated specimens exempt from the requirement for an import permit under the EPBC Act. This legislative instrument applies to anyone seeking to import live specimens into Australia and specifically pertains to the Common Garden Snail. The amendment was initiated by an application under section 303EE of the EPBC Act, following a public consultation and risk assessment process. The instrument, which is a legislative instrument under the Legislation Act 2003, commences the day after registration. The instrument is compatible with human rights, as it does not engage any of the applicable rights or freedoms under the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The main operative sections of the Environment Protection and Biodiversity Conservation Act 1999 List of Specimens taken to be Suitable for Live Import Amendment (Common Garden Snail) Instrument 2020 include sections 303EB to 303EF, which pertain to the creation and amendment of the List of Specimens Taken to be Suitable for Live Import, also known as the Live Import List (section 303EB). This List has two parts: Part 1 includes unregulated specimens that are exempt from requiring an import permit, and Part 2 includes regulated specimens that can be imported with a permit (section 303EB). The instrument specifically amends Part 1 of this List to include Cornu aspersum, commonly known as the Common Garden Snail (section 303EC). This addition was initiated by an application under section 303EE of the EPBC Act and was subsequently considered by the Minister for the Environment after a draft risk assessment report was published and public comments were received (section 303EF). The Act imposes several obligations and requirements on parties and entities involved in the importation of live specimens. Firstly, any entity or individual wishing to import a live specimen must ensure that the specimen is listed on the Live Import List (section 303EB). Secondly, for specimens listed in Part 2 of the List, an import permit is required, which involves adhering to the permit application and approval processes as outlined in the EPBC Act (section 303EC). The instrument also mandates that amendments to the Live Import List, such as the addition of the Common Garden Snail, be preceded by a risk assessment report, public consultation, and consideration by relevant environmental and agricultural agencies (section 303EF). These requirements ensure that the importation of live specimens is regulated to mitigate potential environmental and ecological risks. The Act provides for various offences, penalties, and consequences for breaches related to the importation of live specimens. Importing a specimen not listed on the Live Import List can result in civil penalties, including fines and potential imprisonment for individuals and entities found guilty of non-compliance (section 303GA). For instance, under section 303GB of the EPBC Act, a person who contravenes a provision related to the importation of a live specimen may be liable for a fine of up to 500 penalty units for an individual and up to 5,000 penalty units for a body corporate. Additionally, officers authorised by the Minister can take enforcement actions, such as seizing and destroying non-compliant specimens, to prevent the introduction of potentially harmful species into Australia (section 303GC). These measures underscore the importance of adhering to the regulatory framework established by the EPBC Act to protect Australia's biodiversity and ecosystems.