EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
List of Specimens taken to be Suitable for Live Import Amendment
(Turquoise Killifish) Instrument 2019
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 instrument amends the Live Import List to include Nothobranchius furzeri (Turquoise Killifish) in Part 2 with the conditions ‘Research only. High security facilities only.’
Amendments to the Live Import List can be made either on the initiative of the Minister or by application. This amendment to add Nothobranchius furzeri 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 11 July and 17 August 2018. Two public comments were received. Both supported the listing of Turquoise Killifish with one commenter doing so on the condition that this species be kept in high security laboratory facilities to address its potential threats to freshwater environments. The Department considered these comments and determined that all potential threats would be addressed by confinement in an appropriate laboratory facility and by the quarantine conditions put in place for the importation of live fish by the Department of Agriculture and Water Resources.
Consultation was also carried out 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 during February 2019. The Department considered comments received in its final assessment. Two states/territories responded both supported amending the Live Import List to include Nothobranchius furzeri with the same reservations raised in the first consultation round.
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 Nothobranchius furzeri in Part 2 of the Live Import List with the conditions ‘Research only. High security facilities only.’
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
(Turquoise Killifish) Instrument 2019
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 Nothobranchius furzeri (Turquoise Killifish) with the conditions ‘Research only. High security facilities only.’
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 governing environmental protection in Australia. It was enacted to address the need for a comprehensive national framework for the protection of the environment, particularly in relation to biodiversity conservation. The Act establishes a list of specimens that can be imported live into Australia, known as the List of Specimens Taken to be Suitable for Live Import (Live Import List), which is divided into unregulated and regulated specimens. In 2019, an amendment to the Live Import List was made through the Environment Protection and Biodiversity Conservation Act 1999 List of Specimens Taken to be Suitable for Live Import Amendment (Turquoise Killifish) Instrument 2019, initiated by an application and approved by the Minister for the Environment. This amendment was made under the authority of the Minister and involved consultation with relevant agencies and the public to assess the potential risks associated with the importation of the Turquoise Killifish (Nothobranchius furzeri). The amendment adds this species to Part 2 of the Live Import List with specific conditions to ensure it is used only for research purposes and confined to high security facilities, addressing concerns about its potential impact on freshwater environments. The amendment was made to ensure that any risks are appropriately managed, thereby protecting Australia’s biodiversity.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 List of Specimens taken to be Suitable for Live Import Amendment (Turquoise Killifish) Instrument 2019 amends the List of Specimens Taken to be Suitable for Live Import under the EPBC Act to include Nothobranchius furzeri, commonly known as Turquoise Killifish, in Part 2 of the Live Import List with the conditions ‘Research only. High security facilities only.’ This means that Turquoise Killifish can be imported into Australia only for research purposes and must be housed in high security facilities to mitigate any potential threats to freshwater environments. The amendment applies across the Commonwealth and follows a process of public consultation and consideration of comments from relevant state, territory, and Commonwealth agencies. The instrument is a legislative instrument for the purposes of the Legislation Act 2003 and is compatible with human rights as it does not engage any applicable rights or freedoms. The addition of Turquoise Killifish to the Live Import List is a response to an application made under the EPBC Act, reflecting a considered approach to balancing biosecurity concerns with research needs.
Key Provisions
The main operative sections of this instrument, the Environment Protection and Biodiversity Conservation Act 1999 List of Specimens taken to be Suitable for Live Import Amendment (Turquoise Killifish) Instrument 2019, are primarily concerned with adding Nothobranchius furzeri (Turquoise Killifish) to Part 2 of the Live Import List under the EPBC Act (sections 303EB and 303EC). This addition is made with specific conditions: 'Research only. High security facilities only' (section 303ED). This means that the Turquoise Killifish can only be imported for research purposes and must be housed in high-security facilities to mitigate any potential risks to the environment.
The obligations imposed by this Act on parties or entities include strict adherence to the conditions attached to the import of Nothobranchius furzeri. Specifically, importing entities must ensure that the Turquoise Killifish is only used for research purposes and that it is housed in high-security facilities. These facilities must meet the stringent criteria set by the Department of Agriculture and Water Resources to prevent any escape or introduction of the species into the environment, which could pose a threat to native species and ecosystems. The Act also mandates that any research involving the Turquoise Killifish must be approved and monitored by relevant authorities to ensure compliance with the conditions of import.
Breaches of the conditions specified in this instrument can lead to serious consequences. Under the EPBC Act, any unauthorised import of Nothobranchius furzeri or failure to comply with the high-security housing and research-only conditions can result in both civil and criminal penalties. Civil penalties can include fines up to a maximum of $66,600 for individuals and $333,000 for corporations, as outlined in section 528 of the EPBC Act. Additionally, criminal penalties may apply, which can include imprisonment for up to five years, as stipulated in section 531 of the EPBC Act. These penalties are intended to enforce compliance and protect Australia's biodiversity from potential threats posed by the Turquoise Killifish.