EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
List of Specimens taken to be Suitable for Live Import Amendment
(Oncomelania hupensis quadrasi) Instrument 2018
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.
The effect of this instrument is to:
- amend the Live Import List to include Oncomelania hupensis quadrasi (a freshwater snail) in Part 2 with the conditions: ‘Research only. High security facilities only’.
- relist six species of Oyster (Crassostrea gigas, Crassostrea sikamea, Crassostrea virginica, Ostrea edulis, Ostrea conchaphila and Ostrea lurida) as individual listings. Due a formatting error during the initial listing of the oysters, they appear as a single entry. As a consequence any changes to one species would require approval to amend the listing of all six species.
Amendments to the Live Import List can be made either on the initiative of the Minister or by application. This amendment to add Oncomelania hupensis quadrasi was initiated by an application made to the Minister under section 303EE of the EPBC Act.
In accordance with subsection 303EF(2) of the EPBC Act, the draft risk assessment report was published on the Department of the Environment and Energy’s website and public comments sought between 26 October and 22 November 2017. One response was received seeking further clarification on minor aspects of the biology of the snails. The applicant provided a response to these questions to the Department’s satisfaction. The applicant’s additional information was considered in the Department’s final assessment
Consultation was carried out also in accordance with subsection 303EC (3) of the EPBC Act. In this case, the Department of the Environment and Energy consulted with relevant Commonwealth, state and territory agencies for the environment, conservation and agriculture. The comments received were considered in the Department’s final assessment. Two states/territories responded, both supported amending the Live Import List to include Oncomelania hupensis quadrasi.
The final 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 Oncomelania hupensis quadrasi in Part 2 of the Live Import List.
On 28 March 2018, the Minister added six species of oysters to the Live Import list. This amendment for individual listing has no effect on the listing conditions, other than to allow each species to be managed separately rather than as a group, in the event that a species’ taxonomic name changes or the listing conditions for one species are altered by the Minister.
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
(Oncomelania hupensis quadrasi) Instrument 2018
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 2 of the List of Specimens taken to be Suitable for Live Import to include Oncomelania hupensis quadrasi (a freshwater snail) and to relist six species of Oysters individually rather than as a single entry.
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 Melissa Price MP
Minister for the Environment
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is the principal piece of legislation in Australia for the protection of the environment, particularly concerning biodiversity and ecological processes. One of the mechanisms under this Act is the List of Specimens Taken to be Suitable for Live Import, which sets out the conditions under which live specimens can be imported into Australia. The List of Specimens Taken to be Suitable for Live Import Amendment (Oncomelania hupensis quadrasi) Instrument 2018 was introduced to address specific issues concerning the importation of certain species, namely the freshwater snail Oncomelania hupensis quadrasi and six species of oysters, which were previously listed together but required individual management. This instrument was enacted under the authority of the Minister for the Environment and aims to ensure that the importation of these species is appropriately regulated to mitigate any potential risks to Australia’s biodiversity and ecosystems. The instrument also seeks to clarify and correct a formatting error in the initial listing of the oyster species. Public consultation was undertaken as part of the amendment process, with feedback incorporated into the final decision to amend the list.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 List of Specimens Taken to be Suitable for Live Import Amendment (Oncomelania hupensis quadrasi) Instrument 2018 amends the Live Import List to include Oncomelania hupensis quadrasi, a freshwater snail, in Part 2 of the list, under conditions that it is for research purposes only and must be housed in high-security facilities. The instrument also rectifies a previous listing error by relisting six species of oysters as individual entries rather than a single group. This amendment allows for each species to be managed separately. The changes apply nationally within Australia and are made under the authority of the Minister for the Environment, as outlined in the EPBC Act. The process for these amendments involved public consultation and consultation with relevant agencies, ensuring transparency and consideration of expert opinions. The instrument is a legislative instrument under the Legislation Act 2003 and is compatible with human rights, as it does not engage any applicable rights or freedoms.
Key Provisions
The key provisions of this instrument concern amendments to the List of Specimens Taken to be Suitable for Live Import (Live Import List) under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, the instrument amends the Live Import List to include Oncomelania hupensis quadrasi in Part 2, subject to the conditions ‘Research only. High security facilities only’ (section 303EE). This addition means that this freshwater snail can be imported for research purposes, provided it is done in high security facilities. Additionally, the instrument relists six species of oysters (Crassostrea gigas, Crassostrea sikamea, Crassostrea virginica, Ostrea edulis, Ostrea conchaphila, and Ostrea lurida) as individual entries, rather than as a single collective entry (section 303EB). This change allows for more precise management and regulation of each species individually.
The obligations imposed by this instrument are primarily concerned with the importation of specified specimens. Importers must ensure that any live specimens of Oncomelania hupensis quadrasi are imported under the conditions specified, namely for research purposes and in high security facilities. This requirement ensures that the import does not pose any undue environmental risks. Additionally, the individual relisting of the six species of oysters allows for more targeted management and regulation of each species. Importers of these oyster species must now comply with any specific conditions or requirements that apply to each species individually, rather than as a collective group.
There are no explicit offences, penalties, or consequences for breach outlined in the text of the instrument itself. However, breaches of the EPBC Act, including non-compliance with the conditions of the Live Import List, could result in enforcement actions under the Act. Such actions might include fines, imprisonment, or other penalties as determined by the courts. The specific penalties would depend on the nature and severity of the breach, as well as any relevant provisions within the EPBC Act and other applicable legislation. The text does not provide maximum penalties, as these would be determined in the context of the broader legal framework and specific enforcement actions taken.