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) (c)
(Issued under Authority of the Minister for the Environment and Water Resources)
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 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.
At the 14th meeting of the CITES Conference of the Parties (3-15 June 2007), some amendments were made to the CITES appendices. The Parties agreed that the amendments will come into effect on 13 September 2007.
Some of the amendments relate to species listed on the live import list.
Nycticebus coucang (Slow Loris) was listed on Part 2 of the live import list, with a CITES Appendix listing of II. This listing needed to be corrected to update the CITES listing to Appendix I.
Tragelaphus eurocerus (Bongo antelope), Tragelaphus spekii (Sitatunga antelope), and Psittacula krameri (Ring-neck Parakeet) were listed on Part 2 of the live import list, with the condition “excluding Ghana populations”. This condition was placed on the listings on the basis that Ghana had listed these species on Appendix III. Ghana has now removed these species from the CITES list, and therefore it is appropriate to remove the exclusion from live import list.
In accordance with s. 303EC(1)(c) of the EPBC Act, the effect of this instrument is to correct inaccuracies to Part 2 of the list by changing the notations relating to CITES listings.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The instrument commenced on 13 September 2007.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. This Act was introduced to address the need for a comprehensive legal framework to manage and conserve Australia's biodiversity and environmental heritage, ensuring sustainable use of natural resources. The EPBC Act serves as a crucial piece of legislation for the protection of endangered species and their habitats, and for regulating activities that may impact the environment. The policy objective of the Act is to achieve ecologically sustainable development through the protection of the environment, heritage, and cultural places. The legislative instrument F2007L03653 amends the list of specimens suitable for live import under the EPBC Act, correcting inaccuracies in relation to CITES listings and updating the legal framework to reflect changes in international agreements on wildlife trade.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to any entities or persons wishing to import live specimens into Australia, requiring such specimens to be included on the live import list to be lawful. The Act regulates this by specifying two parts of the live import list, where Part 1 comprises species exempt from the need for an import permit, and Part 2 lists species that can be imported with a permit. The legislative instrument in question amends Part 2 to correct inaccuracies relating to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) listings, particularly for species such as Nycticebus coucang (Slow Loris), Tragelaphus eurocerus (Bongo antelope), Tragelaphus spekii (Sitatunga antelope), and Psittacula krameri (Ring-neck Parakeet). The changes made are in response to amendments to the CITES appendices agreed upon by the Conference of the Parties, which came into effect on 13 September 2007. The instrument ensures that the live import list accurately reflects the current CITES listings and removes conditions that are no longer applicable.
Key Provisions
The key provisions of this legislation amend the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) to update the list of specimens suitable for live import (live import list). Specifically, section 303EC(1)(c) of the EPBC Act is invoked to correct inaccuracies in Part 2 of the list, which includes species that can be imported with an import permit under the EPBC Act. The changes are made to reflect amendments to the CITES appendices agreed upon at the 14th meeting of the CITES Conference of the Parties, which took effect on 13 September 2007. For instance, the Nycticebus coucang (Slow Loris) is corrected from a CITES Appendix II listing to Appendix I on Part 2 of the list. Similarly, the exclusions for the Tragelaphus eurocerus (Bongo antelope), Tragelaphus spekii (Sitatunga antelope), and Psittacula krameri (Ring-neck Parakeet) from Ghana populations are removed, as these species have been delisted by Ghana.
The amended live import list imposes specific obligations on entities involved in the importation of live specimens. Importers must ensure that the species they intend to import are listed on the live import list, and if applicable, comply with any conditions specified for those species. For example, if a species is listed on Part 2, an import permit is required, and the importer must adhere to any conditions such as the exclusion of certain populations. The Department of the Environment and Water Resources is responsible for maintaining and updating the live import list in accordance with international agreements such as CITES. This ensures that the import of live specimens complies with international conservation efforts.
Breaches of the provisions under the EPBC Act can result in both civil and criminal consequences. For instance, importing a live specimen not listed on the live import list, or failing to comply with the conditions specified for listed species, could result in an offence under section 487 of the Act. The maximum penalties for these offences can be significant, including substantial fines and imprisonment. For example, individuals may face fines of up to $330,000 or imprisonment for up to five years, while corporations may incur fines of up to $1.65 million. These penalties reflect the importance of adhering to the regulations designed to protect endangered species and maintain biodiversity.