EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Amendment to the List of Specimens Taken to be Suitable for Live Import
in accordance with paragraph 303EC (1) (a)
(Issued under Authority of the Minister for the Environment and Heritage)
Under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), in general terms, a live specimen is allowed to be imported only if it is included on the list of specimens suitable for live import (live import list).
The list was established in accordance with s.303EB of the EPBC Act and has two parts.
Part 1 comprises species exempt from the need for an import permit under the EPBC Act. Part 2 comprises species that can be imported with a permit under the EPBC Act.
Aceria sp. (VAIC 46501) is a biocontrol agent currently listed on Part 2 of the live import list under the class Insecta. For taxonomic purposes Aceria sp. (VAIC 46501) should be included in the class Arachnida.
In accordance with section 303EC(1)(c) of the EPBC Act, the effect of this instrument is to correct an inaccuracy to Part 2 of the list by removing Aceria sp. (VAIC 46501) from the class Insecta and adding Aceria sp. (VAIC 46501) to the class Arachnida.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment and biodiversity in Australia. To ensure that live specimens are imported safely and without risk to native species, the Act mandates that live specimens be included on a specific list if they are to be imported. The EPBC Act was enacted by the Parliament of Australia to address issues related to the protection of the environment and biodiversity, aiming to prevent environmental harm from actions, including the importation of live specimens. The explanatory statement outlines an amendment made to the list of specimens suitable for live import under section 303EC(1)(c) of the EPBC Act. This amendment corrects a taxonomic inaccuracy concerning Aceria sp. (VAIC 46501), a biocontrol agent, by moving it from the class Insecta to the class Arachnida on Part 2 of the list. This legislative instrument, issued under the authority of the Minister for the Environment and Heritage, ensures the accuracy of the live import list and maintains the integrity of the regulatory framework designed to protect Australia's biodiversity.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the import of live specimens in Australia, regulating which species can be imported and under what conditions. This Act governs the import of live specimens by listing them as suitable for live import in two parts: Part 1 includes species that do not require an import permit, while Part 2 lists species that can be imported with a permit. The legislation's geographic reach is national, covering all live imports into Australia. The amendment to the list of specimens suitable for live import concerns Aceria sp. (VAIC 46501), a biocontrol agent, which is being reclassified from the class Insecta to Arachnida to correct a taxonomic inaccuracy. This legislative instrument, issued under the authority of the Minister for the Environment and Heritage, is effective from the day it was registered on the Federal Register of Legislative Instruments. The amendment does not specify any exclusions or exemptions, but rather focuses on ensuring the accuracy of the taxonomic classification within the legal framework governing live imports.
Key Provisions
The main operative sections of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) in this context concern the list of specimens suitable for live import, specifically sections 303EB and 303EC(1)(c). Section 303EB establishes the list of specimens, divided into two parts: Part 1, which includes species exempt from the need for an import permit, and Part 2, which includes species that require a permit for importation. Section 303EC(1)(c) provides the authority to correct inaccuracies within this list. The legislative instrument in question amends Part 2 of the list by reclassifying Aceria sp. (VAIC 46501) from the class Insecta to the class Arachnida. This change aims to correct a taxonomic inaccuracy and ensure the list accurately reflects the species' correct classification.
The Act imposes specific obligations on entities seeking to import live specimens. Under section 303EC(1)(a), a live specimen can only be imported if it is included on the live import list. This means that importers must ensure the species they wish to bring into Australia is listed and correctly classified. For species in Part 2, an import permit is also required, which can only be obtained if the species is correctly listed and classified. The Act ensures that only those specimens that meet the specified criteria can be legally imported, thus maintaining control over potentially invasive or harmful species entering the country.
Breach of the provisions of the EPBC Act can result in significant civil or criminal consequences. For example, importing a live specimen that is not listed or incorrectly classified could lead to fines or other penalties. The specific penalties for breaches are not detailed in the explanatory statement but generally, under the EPBC Act, penalties can include substantial fines, imprisonment, or both, depending on the severity and intent of the breach. The Act aims to protect Australia's biodiversity and ecosystems from the potential risks associated with the introduction of non-native species. Therefore, compliance with the list of specimens suitable for live import is crucial for all parties involved in the importation process.