List of Specimens taken to be Suitable for Live Import Amendment (Hydrotimetes natans) Instrument 2021

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection and conservation of the environment and biodiversity in Australia. This Act establishes the legal framework for managing the impacts of activities, including the import of live specimens, on the environment and biodiversity. One of its key mechanisms is the Live Import List, which identifies specimens suitable for live import, either without a permit or with specific permit conditions. The EPBC Act addresses the problem of potential environmental harm caused by the introduction of non-native species by regulating their import. The List of Specimens taken to be Suitable for Live Import Amendment (Hydrotimetes natans) Instrument 2021 is an instrument issued by the Minister for the Environment under the authority of the EPBC Act. This amendment adds Hydrotimetes natans, a type of weevil, to Part 1 of the Live Import List, which means it can now be imported into Australia without a permit. This amendment was made following an application under section 303EE of the EPBC Act and after considering an environmental impact report and consultation with relevant stakeholders. The policy objective behind this amendment is to facilitate the controlled introduction of Hydrotimetes natans, which has the potential to control the invasive aquatic weed Cabomba Caroliniana, thereby mitigating environmental damage.

Scope and Application

The List of Specimens taken to be Suitable for Live Import Amendment (Hydrotimetes natans) Instrument 2021 amends the Environment Protection and Biodiversity Conservation Act 1999 by adding Hydrotimetes natans, a type of weevil, to Part 1 of the List of Specimens taken to be Suitable for Live Import. This list, established under section 303EB of the EPBC Act, includes species that are exempt from the requirement for an import permit. The inclusion of Hydrotimetes natans in Part 1 signifies that it can be imported into Australia without a permit, provided it is not a Convention on International Trade in Endangered Species (CITES) specimen. The amendment was initiated by an application under section 303EE of the EPBC Act and followed a public consultation process where no comments were received. The decision to include the weevil was based on an assessment indicating that it poses little risk to the Australian environment and could potentially help control the aquatic weed Cabomba Caroliniana. The instrument is applicable nationally across Australia and is subject to the legislative framework of the EPBC Act, with its amendments being made through subordinate legislative instruments as permitted by the Act.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the import of live specimens, which are classified in a list known as the Live Import List. This list is divided into two parts: Part 1, which includes unregulated specimens that do not require an import permit, and Part 2, which includes regulated specimens that can be imported with a permit and may have associated restrictions or conditions (sections 303EB and 303EC). The Live Import List Amendment (Hydrotimetes natans) Instrument 2021 modifies Part 1 of this list by adding Hydrotimetes natans, a weevil species, under section 303EC(1) of the EPBC Act. This amendment follows an application made under section 303EE and was preceded by a risk assessment and consultation with relevant stakeholders, including Commonwealth, state, and territory agencies (sections 303EE and 303EC(3)). The decision to include Hydrotimetes natans in Part 1 of the list was based on the assessment that it poses minimal risk to the Australian environment and has potential benefits for controlling the aquatic weed Cabomba Caroliniana. The Act imposes several obligations on parties involved in the import of live specimens. Firstly, it mandates that any party seeking to import a specimen must ensure that the specimen is included in the appropriate part of the Live Import List (section 303EC). For specimens listed in Part 1, there is no requirement for an import permit, but all other imports must be accompanied by a permit issued by the Minister (section 303ED). Additionally, any conditions or restrictions associated with the import of a specimen listed in Part 2 must be adhered to (section 303EC(2)). The Minister is required to consult with relevant stakeholders, including state and territory agencies, before making any amendments to the Live Import List (section 303EC(3)). Furthermore, any person making an application to amend the list must provide a report detailing the potential environmental impacts of the proposed change, which the Minister must consider before deciding whether to proceed with the amendment (sections 303EE and 303EC(5)). Failure to comply with the provisions of the EPBC Act and the amendments to the Live Import List can result in various consequences. For example, importing a specimen without the required permit or in violation of any imposed conditions can be considered an offence. Under the EPBC Act, the maximum penalty for an individual who commits such an offence is a fine of up to $330,000 or imprisonment for up to five years, or both (section 528). For a body corporate, the maximum penalty can be significantly higher, up to $1.65 million for individuals and $8.25 million for body corporates, reflecting the severity of the breach and its potential environmental impact. Additionally, civil penalties and enforcement actions may be pursued to ensure compliance with the Act's requirements.