EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
List of Specimens taken to be Suitable for Live Import Amendment
(Leggett’s Rainbowfish) Instrument 2020
Instrument under subparagraph 303EC (1)(a)(i)
Issued under authority of the 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 under section 303EB of the EPBC Act and has two parts. Part 1 comprises of unregulated specimens exempt from the requirement for an import permit under the EPBC Act. Part 2 comprises allowable regulated specimens that can be imported with a permit under the EPBC Act.
This amendment was made under section 303EC (5)(b) of the EPBC Act, following the consideration of a review under section 303EJ of the EPBC Act. The effect of this instrument is to amend the Live Import List under the EPBC Act to include Glossolepis leggetti on Part 1 of the list with the description “Of minimum length 4 cm SL”.
The listing will allow this species to be imported into Australian without the need for an import permit issued under the EPBC Act. The minimum length requirement will allow for the easier identification of this species by staff at the border. The species maybe subject to additional requirements for import under the Biosecurity Act 2015.
On 4 August 2017 the then Minister for the Environment and Energy refused to include Glossolepis leggetti on the Live Import List. In November 2018, the then Minister for the Environment received a request to commence a review of the decision to not list Leggett’s Rainbowfish. The Minister agreed to commence a review in April 2019.
In accordance with section 303EC(3), the Department of the Environment and Energy consulted in with all relevant state and territory agencies for the environment, conservation and fisheries as part of the original assessment.
In accordance with section 303EF of the EPBC Act, the original recommendation report was published on the former Department of the Environment and Energy’s website and public comments sought.
The review of the 2017 decision was provided to the Minister. In accordance with section 303EC(5)(b) of the EPBC Act, the Minister considered the report before deciding to amend the list to include Glossolepis leggetti in Part 1 of 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
(Leggett’s Rainbowfish) Instrument 2020
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 to include Glossolepis leggetti (Leggett’s Rainbowfish).
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 Sussan Ley MP
Minister for the Environment