EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999 - Section 303EC(1)(c)
Amendment of the List of Specimens taken to be Suitable for Live Import (s303EB)
(Issued under Authority of the delegate of the Minister for the Environment, Heritage and the Arts)
Under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) a live specimen may only be imported if it is included on the List of Specimens taken to be Suitable for Live Import (live import list).
The live import list was established in accordance with section 303EB of the EPBC Act and has two parts. Part 1 comprises specimens exempt from the need for an import permit under the EPBC Act. Part 2 comprises specimens that can be imported with a permit under the EPBC Act.
Pursuant to paragraph 303EC(1)(c) of the EPBC Act, the purpose of this instrument is to correct taxonomic name inaccuracies on Part 1 and 2 of the live import list. This will ensure that the list is consistent with the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) lists and with current taxonomic references in the scientific literature. It will also ensure that appropriate common names are given for species to help enable effective or easier identification leading to more effective compliance at the border.
There are twelve specimen listings being removed from the live import list as they are listed twice under both an old and current name on the same part of the list: Python albertisii (Dealberts Python) has been reclassified as Leiopython albertisii; Cercopithecus talapoin (Talapoin Monkey) has been reclassified as Miopithecus talapoin; Helostoma rudolfi (pink kissing gourami) is considered to be a colour morph of Helostoma temminkii (green kissing gourami); Eretmodus maculates (Tanganyikan Clown Cichlid) has been reclassified as Eretmodus cyanostictus; Python boeleni (Boelen’s Python) has been reclassified as Morelia boeleni; Nactus arnouxii (Pelagic Sea Gecko) is now Nactus pelagicus; Tropidoscincus rohssii (Scincid lizard) has been reclassified as Tropidoscincus variabilis (New Caledonian Scincid Lizard); Rasbora taeniata (Blue line Rasbora) is now considered to be Rasbora einthovenii; Brachydanio frankei (Leopard Danio) has been reclassified as Danio rerio; Prospaltella perniciosi (Parasitoid wasp) has been reclassified as Encarsia perniciosi, which is already listed at genus level; Scolopsis bleekeri (Spine-cheek) has been reclassified as Scolopsis bilineata; and Tephrina pulinda (Geometrid moth) has been reclassified as Isturgia pulinda. The subspecies Trichopoda pennipes pilipes (Tachinid fly) is also being removed as it is already listed at species level (T. pennipes).
Consultation was undertaken with taxonomic advisers from the Australian Biological Resources Study Section (ABRS) who confirmed that the live import list is not using the most taxonomically correct names for these specimens. ABRS provided the correct taxonomic names. No further consultation with other Ministers or the public was undertaken with respect to this instrument as it is of a machinery nature required to reflect a taxonomic change. This amendment also does not change the application of the live import list in relation to these specimens.
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) 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 framework that governs the protection of the environment from significant impacts, including those caused by international trade in endangered species and their derivatives. The Act was enacted by the Parliament of Australia, aiming to align Australia's environmental protection measures with international standards and commitments. The policy objective of the EPBC Act is to safeguard Australia's biodiversity and manage the impacts of developments and activities that may have significant environmental consequences. Through this legislative instrument, the Australian government seeks to ensure that the importation of live specimens complies with international conventions and taxonomic standards, thereby maintaining the integrity and effectiveness of the live import list.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) sets out the framework for the protection of the environment and biodiversity in Australia, including the regulation of activities that may impact the environment. In relation to the import of live specimens, the Act requires that such imports are only conducted if the specimens are included on the List of Specimens taken to be Suitable for Live Import. This list is divided into two parts, with Part 1 consisting of specimens exempt from the need for an import permit and Part 2 consisting of specimens that can be imported with a permit. The legislative instrument in question, F2009L03548, amends the live import list to correct taxonomic name inaccuracies and ensure consistency with the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) lists and current taxonomic references in the scientific literature. This amendment aims to facilitate effective identification and compliance at the border. The changes made to the list do not alter the existing application of the live import list in relation to the specimens affected by this instrument. The legislative instrument applies to persons and entities seeking to import live specimens into Australia and is administered at the Commonwealth level under the authority of the Minister for the Environment, Heritage and the Arts.
Key Provisions
The legislative instrument amends the List of Specimens taken to be Suitable for Live Import under section 303EB of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303EC(1)(c) of the EPBC Act facilitates this amendment to correct taxonomic inaccuracies in the live import list. This list, which has two parts, details the specimens that are either exempt from requiring an import permit or those that can be imported with a permit under the EPBC Act. The purpose of these amendments is to align the list with the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and to ensure it reflects current taxonomic references in scientific literature. This includes correcting taxonomic names and providing appropriate common names for species to facilitate easier identification and compliance at the border.
The obligations imposed by this Act require that the List of Specimens taken to be Suitable for Live Import must be kept accurate and updated to reflect current taxonomic classifications. Any person or entity wishing to import live specimens must ensure that the specimens they intend to import are listed on this list, and if necessary, they must obtain the appropriate permit. The amendments made ensure that the list remains a reliable and authoritative source for determining the eligibility of live specimens for import into Australia, thereby supporting the objectives of the EPBC Act in protecting biodiversity and managing the risks associated with the introduction of non-native species.
Breaches of the requirements set out in the EPBC Act can result in civil or criminal penalties. Under the EPBC Act, a person who contravenes a provision of the Act may be liable for a civil penalty. For example, if a person knowingly imports a live specimen that is not listed on the live import list, they may be liable for a civil penalty of up to $222,200 for an individual or $1,111,000 for a body corporate. Additionally, criminal penalties may apply for more serious breaches, including imprisonment for up to five years, or both a fine and imprisonment, depending on the severity of the offence. These penalties are intended to deter non-compliance and ensure that the provisions of the EPBC Act are upheld to protect Australia's biodiversity.