List of Specimens Taken to be Suitable for Live Import Amendment (Kryptopterus vitreolus) Instrument 2023

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au F2023L01495 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Environment Protection and Biodiversity Conservation Act 1999

List of Specimens taken to be Suitable for Live Import Amendment
(Kryptopterus vitreolus) Instrument 2023

Instrument under subparagraphs 303EC(1)(a)(i)

Issued under authority of the Minister for the Environment and Water

Under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), a live specimen is taken to be suitable for import if it is included in the List of Specimens Taken to be Suitable for Live Import (29/11/2001) (Live Import List).

Legislative Background

The Live Import List was established under section 303EB of the EPBC Act and has two parts. Part 1 comprises a list of unregulated specimens exempt from the requirement for an import permit under the EPBC Act. Part 1 of the list must not contain a CITES specimen. Part 2 comprises a list of allowable regulated specimens that can be imported with a permit issued by the Minister, along with notation of any restrictions or conditions attached to the inclusion of a specimen.

Subsection 303EC(1) of the Act relevantly provides that the Minister may, by legislative instrument, amend the Live Import List by:

  • including items in a particular part of the list; 
  • deleting items from a particular part of the list;
  • imposing a restriction or condition to which the inclusion of a specimen in Part 2 of the list is subject;
  • varying or revoking a restriction or condition to which the inclusion of a specimen in Part 2 of the list is subject; or
  • correcting an inaccuracy or updating the name of a species.

Amendments to include an item can be made either on the initiative of the Minister, under section 303ED of the EPBC Act, or by application from a person made under section 303EE of the EPBC Act.

Subsection 303EC(3) of the EPBC Act provides that before amending the list referred to in section 303EB as mentioned in paragraph 303EC(1)(a), the Minister:

  • must consult such other Minister or Ministers as the Minister considers appropriate; and
  • must consult such other Minister or Ministers of each State and self-governing Territory as the Minister considers appropriate; and
  • may consult such other persons and organisations as the Minister considers appropriate.

Further, subsection 303EC(5) of the EPBC Act provides that the Minister must not amend the list referred to in section 303EB by including an item in the list unless:

  • the amendment is made following consideration of a relevant report under section 303ED or section 303EE; or
  • the amendment is made following consideration of a relevant review under section 303EJ.

Purpose

The List of Specimens Taken to be Suitable for Live Import Amendment (Kryptopterus vitreolus) Instrument 2023 (the Amendment Instrument) amends the Live Import List to include Kryptopterus vitreolus in Part 1.

This amendment to the list to include Kryptopterus vitreolus was initiated by the Minister under section 303EC of the EPBC Act.

An assessment of the potential impacts on the environment of the proposed amendments was reported to the Minister, in accordance with subsection 303ED(2).

Consultation

In accordance with paragraph 303EF(2)(b) of the EPBC Act, the draft assessment report was published on the department’s website and public comments sought between 2 October and 13 November 2020. Ten responses were received in total and included Biosecurity Queensland with no objection to the amendment; and a non-government party which voiced concern over the listing based on pet ownership policy and animal welfare concerns.

Consultation concerning the amendment to Part 1 of the Live Import List was also carried out in accordance with paragraph 303EC(3)(c) of the EPBC Act. In this case, the department consulted with relevant Commonwealth, state and territory agencies for the environment, conservation and agriculture from 8 July to 28 July 2021. No comments were received.

The department concluded that the risk of Kryptopterus vitreolus establishing feral populations and impacting on the Australian environment was low.

In accordance with section 391 of the EPBC Act, the Minister considered the precautionary principle in making a decision to include an item on the Live Import List. The precautionary principle provides that a lack of full scientific certainty should not be used as a reason for postponing a measure to prevent degradation of the environment where there are threats of serious or irreversible environmental damage. The assessment report considered the potential threat of serious or irreversible damage to the environment if Kryptopterus vitreolus were to be introduced and determined from the available scientific literature that this species does not pose a threat of serious or irreversible damage.

Given the extensive consultation undertaken on the proposed listing contained in the legislative instrument, it was not necessary to consult on the text on the instrument itself.

The final assessment report was provided to the Minister. In accordance with paragraph 303EC(5)(a) of the EPBC Act, the Minister considered the report before deciding to amend the list to include Kryptopterus vitreolus in the Live Import List.

This instrument is a legislative instrument for the purposes of the Legislation Act 2003. It commences the day after registration.


Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Environment Protection and Biodiversity Conservation Act 1999

List of Specimens taken to be Suitable for Live Import Amendment
(Kryptopterus vitreolus) Instrument 2023

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Legislative Instrument

The purpose of this instrument is to amend Part 1 of the List of Specimens Taken to be Suitable for Live Import (29/11/2001) to include Kryptopterus vitreolus in accordance with section 303EC of the Environment Protection and Biodiversity Conservation Act 1999.

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

The Hon Tanya Plibersek MP

Minister for the Environment and Water

 

Overview

The List of Specimens taken to be Suitable for Live Import Amendment (Kryptopterus vitreolus) Instrument 2023 was enacted to amend the List of Specimens Taken to be Suitable for Live Import under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This legislative instrument, introduced by the Minister for the Environment and Water, adds Kryptopterus vitreolus to Part 1 of the Live Import List, making it exempt from the need for an import permit under the EPBC Act. The inclusion was initiated by the Minister, who considered the precautionary principle in making the decision, taking into account the potential environmental risks and following extensive consultations with relevant Commonwealth, state and territory agencies. The Minister concluded that Kryptopterus vitreolus does not pose a threat of serious or irreversible environmental damage based on the available scientific literature, leading to its exemption from the permit requirement. The instrument was developed following the necessary consultations and reviews, and it does not engage any applicable rights or freedoms, thereby being compatible with human rights. This legislative instrument is a response to the need for careful regulation of the live import of species to prevent environmental degradation, while also considering the welfare and economic aspects associated with the pet trade. By amending the Live Import List, the government aims to balance the protection of the environment with the practicalities of species trade and ownership. The amendment process involved thorough risk assessment and consultation with various stakeholders to ensure that the decision aligns with environmental protection objectives and does not adversely affect legitimate trade or pet ownership practices.

Scope and Application

The List of Specimens Taken to be Suitable for Live Import Amendment (Kryptopterus vitreolus) Instrument 2023 is a legislative instrument issued under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). It amends the List of Specimens Taken to be Suitable for Live Import to include Kryptopterus vitreolus in Part 1, which comprises specimens exempt from the requirement for an import permit under the EPBC Act. This amendment was made by the Minister for the Environment and Water following an assessment of the environmental risks associated with the introduction of Kryptopterus vitreolus into Australia. The instrument applies to all persons and entities involved in the import of live specimens, specifically targeting the addition of Kryptopterus vitreolus to the list of unregulated specimens. The amendment is applicable across Australia and aligns with the jurisdictional reach of the EPBC Act. There are no stated exclusions or exemptions in this instrument, but it does operate within the framework of the EPBC Act, which may include further restrictions or conditions through subordinate instruments.

Key Provisions

The primary operative sections of the List of Specimens Taken to be Suitable for Live Import Amendment (Kryptopterus vitreolus) Instrument 2023 (subsection 303EC(1)) allow the Minister to amend the List of Specimens Taken to be Suitable for Live Import under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) by including items in a particular part of the list, deleting items from a particular part of the list, imposing a restriction or condition to which the inclusion of a specimen in Part 2 of the list is subject, varying or revoking a restriction or condition to which the inclusion of a specimen in Part 2 of the list is subject, or correcting an inaccuracy or updating the name of a species. In this case, the instrument specifically adds Kryptopterus vitreolus to Part 1 of the list, thereby deeming it suitable for live import without the need for an import permit under the EPBC Act. This change is significant because it simplifies the importation process for this species, potentially facilitating trade and scientific research while ensuring compliance with environmental protection standards. The obligations and requirements imposed by this Act on the parties or entities it governs primarily focus on compliance with the updated Live Import List. Importers, exporters, and other relevant stakeholders must ensure that the specimens of Kryptopterus vitreolus they handle meet the criteria set out in the amended list. This includes adhering to any conditions or restrictions that may be specified for other species listed in Part 2 of the list. The Act also mandates that any proposed changes to the list undergo thorough assessment and consultation processes, as outlined in sections 303ED and 303EE of the EPBC Act. These sections require the Minister to consider relevant reports and reviews before making any amendments, ensuring that any potential environmental impacts are adequately evaluated. Breaches of the requirements set out in the Environment Protection and Biodiversity Conservation Act 1999 can lead to various civil or criminal consequences. For instance, importing a species that is not included in the Live Import List, or failing to comply with any conditions attached to a listed species, could result in penalties. The maximum penalties for contravening the Act include substantial fines and, in severe cases, imprisonment. Specifically, under section 528 of the EPBC Act, an individual can face a fine of up to $330,000 or imprisonment for up to five years, or both, for knowingly contravening a provision of the Act. Additionally, corporations can be fined up to $1.65 million for similar offences. These stringent penalties underscore the importance of adhering to the regulations and highlight the seriousness with which the Act treats violations that could potentially harm the environment.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.