Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the importation of live specimens, which must be included on a specific list of approved species. This legislative instrument, issued under the authority of the Minister for Sustainability, Environment, Water, Population and Communities, updates the scientific and common names of nineteen marine fish species listed under Part 1 of the live import list, which comprises species exempt from the requirement for an import permit. The amendments correct typographical errors and replace invalid synonyms with current valid names, and update common names for easier identification. The Minister did not undertake consultation for these amendments, as the EPBC Act does not mandate it for such corrections. The instrument is compatible with human rights as per the Human Rights (Parliamentary Scrutiny) Act 2011, and it will take effect the day after registration as a legislative instrument under the Legislative Instruments Act 2003.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the importation of live specimens into Australia, specifying that only those included on the live import list are permitted. This list is divided into two parts: Part 1 includes species exempt from the need for an import permit, while Part 2 lists those requiring such a permit. This legislative instrument amends the live import list by correcting scientific and common names of nineteen marine fish listings in Part 1, addressing typographical errors and updating invalid synonyms to reflect current valid names. These changes facilitate easier identification and are deemed not to require consultation as they pertain to correcting inaccuracies. Amendments to the live import list can be initiated either by the Minister or through an application, with this particular change responding to an application under section 303EE of the EPBC Act. The Minister's decision to amend the list was informed by assessment reports on the environmental impacts, prepared in accordance with section 303EF of the EPBC Act. This legislative instrument is compatible with human rights as it does not engage any of the applicable rights or freedoms, and it will take effect the day after its registration.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) includes specific provisions regarding the importation of live specimens. Under section 303EB, a live import list was established, which consists of two parts. Part 1 of this list includes species that are exempt from the requirement for an import permit, while Part 2 lists species that do require such a permit. The Act mandates that any live specimen imported into Australia must be included on this list (s.303EC(1)(c)). The legislative instrument issued under section 303EC(1)(c) updates the scientific and common names of nineteen marine fish listings on Part 1 of the live import list. This update corrects typographical errors and replaces invalid synonyms with the current valid scientific names, and modifies common names for easier identification. The obligations imposed by the EPBC Act on parties or entities importing live specimens include ensuring that the specimens are listed on the live import list as either exempt or requiring a permit. The Minister for Sustainability, Environment, Water, Population and Communities has the authority to amend this list, either on their own initiative or in response to an application under section 303EE. When considering amendments, the Minister must review assessment reports prepared in accordance with section 303EF, which evaluate the potential environmental impacts of the proposed changes. In this case, no consultation was required as the amendments solely correct inaccuracies or update species names. The legislation outlines potential consequences for non-compliance with the requirements set forth by the EPBC Act. While the specific offences, penalties, or civil and criminal consequences for breach are not detailed in the explanatory statement, the general provisions of the Act provide that unauthorised importation of live specimens may result in substantial penalties. Under section 474, a person found guilty of contravening any provision of the EPBC Act may be subject to penalties, which can include fines and imprisonment. The maximum penalties for offences under the EPBC Act can vary depending on the nature and severity of the offence, but they are designed to ensure compliance with environmental protection and biodiversity conservation objectives.