List of Specimens taken to be Suitable for Live Import Amendment (Electric Yellow Cichlid) Instrument 2018

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly matters of national environmental significance, and the conservation of Australia's biodiversity. This Act addresses the problem of uncontrolled and potentially harmful live imports into Australia by regulating the importation of live specimens through a permit system. The EPBC Act establishes the List of Specimens Taken to be Suitable for Live Import (Live Import List), which specifies which specimens can be imported, either unregulated or with a permit. The enacting body for this legislation is the Parliament of Australia. The policy objective of the Act is to protect the environment and biodiversity from the adverse impacts of activities, including the importation of live specimens that could pose a risk to native species and ecosystems. The List of Specimens Taken to be Suitable for Live Import Amendment (Electric Yellow Cichlid) Instrument 2018 amends the Live Import List under the EPBC Act to include Labidochromis caeruleus, commonly known as the Electric Yellow Cichlid, in Part 1 of the List. This amendment was initiated by an application and follows a process of risk assessment, public consultation, and consideration of comments from relevant agencies. The addition of this species to the List allows for its import without the requirement of an EPBC Act permit, provided it meets other regulatory requirements. The instrument was issued by the Minister for the Environment, in accordance with the EPBC Act, and is compatible with human rights as it does not engage any of the applicable rights or freedoms.

Scope and Application

This legislative instrument amends the List of Specimens taken to be Suitable for Live Import under the Environment Protection and Biodiversity Conservation Act 1999 by adding Labidochromis caeruleus, commonly known as the Electric Yellow Cichlid, to Part 1 of the List. This addition effectively exempts the importation of this species from the requirement for a permit, classifying it as an unregulated specimen under the Act. The amendment applies to individuals or entities seeking to import the Electric Yellow Cichlid into Australia, and it extends across the national jurisdiction as the EPBC Act operates at the Commonwealth level. The instrument was initiated by an application under section 303EE of the EPBC Act, and the decision followed a thorough consultation process that included seeking public comments and consulting with relevant environmental and agricultural agencies across multiple states and territories. The instrument is a legislative instrument under the Legislation Act 2003, and it commences the day after its registration. Importantly, this amendment does not engage any of the human rights and freedoms recognised in the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011, thus maintaining its compatibility with human rights.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) establishes the legislative framework for the conservation of Australia's biodiversity. Section 303EB of the EPBC Act requires the Minister for the Environment to maintain a List of Specimens Taken to be Suitable for Live Import, which has two parts. Part 1 contains unregulated specimens exempt from the need for an import permit, while Part 2 includes regulated specimens that can be imported with a permit. The Environment Protection and Biodiversity Conservation Act 1999 List of Specimens taken to be Suitable for Live Import Amendment (Electric Yellow Cichlid) Instrument 2018 amends this list to include Labidochromis caeruleus, commonly known as the Electric Yellow Cichlid, in Part 1 (sections 2 and 3). This amendment, initiated by an application under section 303EE of the EPBC Act, follows a comprehensive process of risk assessment and consultation. A draft risk assessment report was published on the Department of the Environment and Energy’s website, inviting public comments between 29 October and 29 November 2017. The department received two comments, one supporting and one opposing the listing, and engaged in consultations with relevant Commonwealth, state, and territory agencies. The final assessment considered these inputs, with all four states and territories consulted supporting the amendment. Following this process, the Minister decided to include Labidochromis caeruleus in Part 1 of the Live Import List in accordance with paragraph 303EC(5)(a) of the EPBC Act. Entities and individuals importing Labidochromis caeruleus into Australia must ensure compliance with the updated list. As the Electric Yellow Cichlid is now listed in Part 1, it is exempt from the requirement for an import permit under the EPBC Act, simplifying the import process for this species. Importers are still expected to comply with all other relevant Australian laws and regulations, such as those pertaining to animal welfare and biosecurity. The Act does not specify any criminal or civil penalties for breaches related to this particular amendment. However, any breach of the EPBC Act or associated regulations could result in significant consequences, including fines and imprisonment. For example, under section 514 of the EPBC Act, a person who commits an offence against the Act can be fined up to AUD 210,000 for a corporation and AUD 21,000 for an individual, or face imprisonment for up to five years, or both. Additionally, the Act includes provisions for the enforcement of compliance and penalties for non-compliance with environmental and biodiversity protection laws.