Amendment - List of Specimens Taken to be Suitable for Live Import (10/08/2005)

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 comprehensive environmental protection legislation that could manage the impact of activities on the environment, including the regulation of live species imports. The EPBC Act establishes a framework for the protection of the environment and biodiversity through the regulation of activities that may significantly impact the environment. This includes the establishment of a list of specimens suitable for live import, which was intended to ensure that only those species that meet certain criteria are allowed to be imported. An error was identified in the listing of Nycticebus coucang (Slow Loris) on Part 2 of the list as a CITES Appendix I species, when it should have been listed under Appendix II. Consequently, an amendment was made to correct this inaccuracy, reflecting the proper CITES Appendix reference. This legislative instrument was issued under the authority of the Minister for the Environment and Heritage and commenced on the day after it was registered on the Federal Register of Legislative Instruments.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the import of live specimens into Australia, requiring that such specimens be included on the list of specimens suitable for live import. This legislative instrument amends the list to correct an error concerning the classification of Nycticebus coucang, commonly known as the Slow Loris, which was mistakenly listed under CITES Appendix I instead of Appendix II. This amendment applies to all entities and individuals involved in the import of live specimens and affects the correct application of the EPBC Act in terms of permitting requirements. The correction ensures that the Slow Loris is now appropriately categorised under CITES Appendix II, aligning with its correct conservation status. The amendment applies nationally across Australia, encompassing all states and territories, and is effective immediately upon registration as a legislative instrument under the Legislative Instruments Act 2003. This legislative instrument does not introduce new exclusions or exemptions beyond those already stipulated in the EPBC Act and operates within the existing framework of the Act, without extending or restricting its application through subordinate instruments.

Key Provisions

The operative sections of this legislation, as referenced in the Explanatory Statement, primarily focus on amending the list of specimens suitable for live import under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303EC(1)(c) allows for amendments to the list to correct inaccuracies. In this instance, the legislation aims to correct an error where Nycticebus coucang, commonly known as the Slow Loris, was incorrectly listed as a CITES Appendix I species in Part 2 of the list when it should have been listed as a CITES Appendix II species. This correction is made to align the listing with the species' actual status under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The obligations and requirements imposed by this Act pertain to the accuracy of the list of specimens suitable for live import. The list, as established under section 303EB of the EPBC Act, must accurately reflect the species' status under CITES. By correcting the listing of Nycticebus coucang from Appendix I to Appendix II, the Act ensures that the list remains a reliable and legally accurate document. This correction is crucial for ensuring compliance with both domestic and international wildlife protection laws. Under the EPBC Act, breaches of the requirements for listing specimens suitable for live import can lead to significant legal consequences. Although the explanatory statement does not specify offences, penalties, or consequences for non-compliance with the list's accuracy, it is reasonable to infer that failure to adhere to the correct listing could result in legal actions under the EPBC Act. This might include fines, penalties, or other enforcement measures as stipulated in the Act. The specific penalties would depend on the nature and severity of the breach, but they could potentially include civil penalties for incorrect listing and criminal penalties for any related illegal trade activities. The Act aims to protect endangered species by ensuring that the list accurately reflects their conservation status, thereby facilitating lawful and ethical wildlife trade.