Amendment - List of Specimens Taken to be Suitable for Live Import (09/03/2012)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for a comprehensive approach to the protection of the environment and biodiversity in Australia. This Act was introduced to provide a national framework for the protection and management of the environment, including the regulation of activities that may have a significant impact on the environment and biodiversity. The EPBC Act is administered by the Australian Parliament and aims to ensure the protection and conservation of Australia’s unique ecosystems and species, both within and outside Australia’s jurisdiction. This legislative instrument, issued under the authority of the Minister for Sustainability, Environment, Water, Population and Communities, serves to correct an inaccuracy in the scientific name of the Domestic Dog on the list of specimens suitable for live import, aligning it with the International Commission on Zoological Nomenclature's standards. The instrument is a legislative tool to maintain the integrity and accuracy of the EPBC Act’s regulatory framework.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the import of live specimens, with specific requirements outlined in the associated legislative instruments. The Act governs the entities and persons involved in the importation of live species, ensuring that they comply with the stipulated regulations. It is pertinent to note that this particular legislative instrument, issued under the authority of the Minister for Sustainability, Environment, Water, Population and Communities, pertains to the correction of the scientific name of the Domestic Dog, updating it from Canis familiaris to Canis lupus familiaris, which is relevant for Part 1 of the list of specimens suitable for live import. This amendment is made in accordance with section 303EC(1)(c) of the EPBC Act, ensuring the taxonomic accuracy of the list. The geographic reach of this Act is national, as it applies across Australia, governed by Commonwealth legislation. The instrument does not specify any exclusions or exemptions, nor does it mention thresholds, but it does extend the application of the Act through the correction of scientific names in the legislative instrument.

Key Provisions

The primary operative sections of this legislative instrument pertain to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (s. 303EC(1)(c)). This instrument addresses the correction of the scientific name of the domestic dog (Canis familiaris) listed under the EPBC Act as suitable for live import. Specifically, it rectifies an inaccuracy by updating the scientific name from Canis familiaris to Canis lupus familiaris, aligning with the International Commission on Zoological Nomenclature. This amendment affects Part 1 of the list of specimens suitable for live import, which includes species exempt from the requirement for an import permit under the EPBC Act. Under this Act, the parties and entities governed must adhere to the updated scientific name when importing live specimens of the domestic dog. This requirement ensures compliance with the regulatory framework established by the EPBC Act. Importers and relevant authorities must now refer to the corrected scientific name, Canis lupus familiaris, when assessing applications for live imports or enforcing related regulations. This update ensures consistency and accuracy in the identification and regulation of species within the scope of the EPBC Act. The legislative instrument does not introduce new offences or penalties; rather, it rectifies an existing inaccuracy within the legal framework. However, failure to comply with the updated scientific name requirements could lead to non-compliance with the EPBC Act. This could potentially result in the denial of import permits or other enforcement actions as prescribed by the Act. While specific penalties for such breaches are not detailed in this instrument, they are governed by the broader provisions of the EPBC Act, which may include fines or other administrative actions for non-compliance.