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.
Trichosirocalus horridus is a biocontrol agent currently listed on Part 1 of the live import list. In 2002 T. horridus was discovered to be a species complex and was subsequently redescribed as three separate species: T. horridus, T. briesei, and T. mortadelo. Of these three species only T. briesei, and T. mortadelo were assessed as being suitable for import into Australia.
In accordance with section 303EC(1)(c) of the EPBC Act, the effect of this instrument is to correct an inaccuracy to Part 1 of the list by removing T. horridus, and adding T. briesei and T. mortadelo.
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, enacted by the Parliament of Australia, aims to protect and conserve the environment and biodiversity, addressing the need for comprehensive environmental regulation and conservation efforts. As part of this overarching objective, the Act includes provisions for regulating the import of live specimens, ensuring that only those deemed suitable are allowed entry to safeguard Australia's ecosystems from potential threats. In response to the discovery that Trichosirocalus horridus is a species complex, an amendment to the list of specimens suitable for live import was made in 2005. This amendment, introduced under the authority of the Minister for the Environment and Heritage, aimed to correct an inaccuracy by removing Trichosirocalus horridus from the list and adding Trichosirocalus briesei and Trichosirocalus mortadelo, the only species assessed as suitable for import. This adjustment aligns with the policy objective of maintaining accurate and effective biosecurity measures.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment, including the regulation of live imports. Under this Act, a live specimen is generally allowed to be imported only if it is included on a specific list of specimens suitable for live import. This list, established under section 303EB of the EPBC Act, is divided into two parts: Part 1 includes species exempt from the need for an import permit, while Part 2 lists species that can be imported with a permit. The legislative instrument in question amends the live import list by correcting an inaccuracy identified in 2002 concerning the species Trichosirocalus horridus, which was found to be a complex of three distinct species. Consequently, T. horridus has been removed from Part 1 of the list, while T. briesei and T. mortadelo have been added, as they have been assessed as suitable for import into Australia. This legislative amendment ensures that only the species deemed appropriate for live import are listed, thereby maintaining the integrity and intent of the EPBC Act.
Key Provisions
The key operative sections of the legislation (section 303EC(1)(c)) focus on updating the list of specimens suitable for live import under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This list, which has two parts, determines which species can be imported into Australia without an import permit (Part 1) and which require a permit (Part 2). Section 303EC(1)(c) allows for amendments to this list, correcting inaccuracies or updating it to reflect new scientific information. In this case, the amendment corrects an inaccuracy in Part 1 of the list by removing Trichosirocalus horridus and adding T. briesei and T. mortadelo, following the reclassification of T. horridus as a species complex.
The Act imposes specific obligations and requirements on parties involved in the importation of live specimens. For example, any entity wishing to import a species listed in Part 1 of the live import list must ensure that the species are indeed those listed and comply with any other relevant conditions set out in the EPBC Act. For species in Part 2, importers must also obtain the necessary permits and adhere to the conditions attached to those permits. The amendments mean that only T. briesei and T. mortadelo can now be imported without an import permit, while T. horridus cannot be imported without one.
Breaching the provisions of the EPBC Act can lead to various offences and penalties. For instance, importing a species without the required permit, or importing a species that is not listed as suitable for live import, can result in civil penalties. The maximum penalty for contravening a provision of the EPBC Act is generally $66,600 for an individual and up to $333,300 for a body corporate, as per section 528 of the Act. In more serious cases, criminal penalties may apply, with maximum fines and imprisonment terms varying depending on the nature and extent of the breach. The specific penalties are outlined in the relevant sections of the EPBC Act and are intended to enforce compliance and protect Australia's biodiversity.