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
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the regulation of live specimens imported into Australia, requiring them to be included on the List of Specimens Taken to be Suitable for Live Import (Live Import List) to be legally imported. This list is divided into two parts: Part 1 includes unregulated specimens exempt from the need for an import permit, while Part 2 consists of regulated specimens that require an import permit under the EPBC Act. To facilitate the import of Leggett's Rainbowfish (Glossolepis leggetti) into Australia, the List of Specimens Taken to be Suitable for Live Import Amendment (Leggett's Rainbowfish) Instrument 2020 was enacted. This instrument was issued under the authority of the Minister for the Environment and includes Glossolepis leggetti on Part 1 of the Live Import List, with a minimum length requirement of 4 cm SL, thus allowing its importation without an EPBC Act import permit. The amendment was made following a review under section 303EJ of the EPBC Act, considering the initial refusal to list this species in August 2017. The instrument aims to streamline the identification process for this species at the border and is compatible with human rights, as confirmed in the Statement of Compatibility with Human Rights.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 List of Specimens taken to be Suitable for Live Import Amendment (Leggett’s Rainbowfish) Instrument 2020 applies to Glossolepis leggetti, commonly known as Leggett’s Rainbowfish, by adding this species to Part 1 of the List of Specimens Taken to be Suitable for Live Import under the Environment Protection and Biodiversity Conservation Act 1999. This amendment allows the import of Leggett’s Rainbowfish into Australia without the need for an import permit issued under the EPBC Act, provided the fish is of a minimum length of 4 cm SL, facilitating easier identification at the border. However, the species may still be subject to additional import requirements under the Biosecurity Act 2015. This amendment extends the application of the EPBC Act by modifying the regulatory framework for live imports, impacting those involved in the importation of aquatic species into Australia. The instrument operates nationally across the Commonwealth of Australia, reflecting a coordinated approach to biodiversity conservation and biosecurity. The amendment does not include any specific exclusions or exemptions but is subject to the broader regulatory environment provided by the EPBC Act and other relevant legislation.
Key Provisions
The primary operative sections of the Environment Protection and Biodiversity Conservation Act 1999 List of Specimens Taken to be Suitable for Live Import Amendment (Leggett’s Rainbowfish) Instrument 2020 (paragraph 1) concern the addition of Glossolepis leggetti, also known as Leggett’s Rainbowfish, to Part 1 of the Live Import List (section 303EB). This addition allows the species to be imported into Australia without the need for an import permit under the EPBC Act, provided the fish meet the minimum length requirement of 4 cm SL (paragraph 2). This legislative instrument was issued under section 303EC(5)(b) of the EPBC Act, following a review of the 2017 decision not to list Glossolepis leggetti (paragraph 3). The decision to amend the list was made after considering public comments and consulting with relevant state and territory agencies (paragraphs 4-5).
The obligations and requirements imposed by this Act primarily involve the minimum length requirement of 4 cm SL for Glossolepis leggetti to be imported under Part 1 of the Live Import List (paragraph 2). The Act also acknowledges that the species may be subject to additional requirements for import under the Biosecurity Act 2015 (paragraph 6). The Department of the Environment and Energy has the responsibility to ensure that the species is accurately identified at the border, and this may involve collaboration with relevant state and territory agencies to enforce compliance with the new listing (paragraph 4).
Under the EPBC Act, any breach of the requirements for importing Glossolepis leggetti may result in civil and criminal consequences. The specific offences, penalties, or consequences are not detailed in this instrument, but they can be found in the relevant sections of the EPBC Act. Generally, violations of the EPBC Act can result in fines or imprisonment, with the maximum penalties varying depending on the nature and severity of the offence (section 303C). Additionally, the Biosecurity Act 2015 may impose further penalties for non-compliance with its requirements for importing potentially harmful species into Australia.