Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted by the Parliament of Australia to address the need for comprehensive environmental protection and the conservation of biodiversity. The Act provides a framework for the protection of the environment, including the regulation of activities that may impact the environment and biodiversity. In particular, it seeks to manage the import of live specimens to prevent the introduction of potentially harmful species into Australia's ecosystem. The policy objective of the Act is to ensure the sustainable use of Australia's natural resources while protecting and conserving its biodiversity. This legislative instrument, issued under the authority of the Minister for the Environment and Heritage, amends the list of specimens taken to be suitable for live import under the Act. By including the Agonosoma trilineatum, also known as the jewel bug, on this list, the instrument facilitates the controlled and monitored importation of this species into Australia, ensuring that any potential risks associated with its introduction are adequately managed. This amendment reflects the ongoing efforts to balance environmental protection with the responsible management of live imports.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 governs the protection and conservation of Australia's biodiversity, extending to the regulation of live specimens imported into the country. Under this Act, the Minister for the Environment and Heritage has the authority to declare specific live specimens that require an import permit. This legislative instrument specifies the addition of the Agonosoma trilineatum, also known as the jewel bug, to the list of specimens that require such permits. This amendment applies to individuals or entities involved in the importation of live specimens into Australia, ensuring that the necessary permits are obtained for the specified species. The geographic reach of this Act is national, applying throughout all states and territories of Australia. There are no stated exclusions or exemptions in this particular amendment, and its application is precise and straightforward. The Act can extend its application through subordinate instruments, which may further define the conditions and processes for obtaining import permits for listed specimens.

Key Provisions

The legislative instrument F2006B01073, dated 10 October 2002, amends the Schedule of the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (the Act) by adding a new entry to the list of specimens suitable for live import (s303EB). This addition specifies that Agonosoma trilineatum, commonly known as the jewel bug, is now included in the list of live specimens that require an import permit under Part two of the Schedule (s303EC). This amendment is made by the Minister for the Environment and Heritage under subsection 303EC(1)(a) of the Act. Entities or individuals involved in the import of Agonosoma trilineatum into Australia must now obtain an import permit as stipulated by the Act. This requirement ensures that the import of this species is controlled and regulated to protect Australia's biodiversity and environment. The obligations imposed by this amendment are specific to the import process, mandating that any party wishing to bring in the jewel bug must comply with the conditions set forth by the Act, which may include assessments of biosecurity risks and adherence to any specific guidelines provided by the relevant authorities. Failure to comply with the requirements of the Act, including importing Agonosoma trilineatum without the necessary permit, can lead to serious legal consequences. Under the Act, breaches of the import permit requirements may be considered offences. The penalties for such offences can be significant and may include fines and, in severe cases, imprisonment. The maximum penalties are detailed in the Act, although the specific fines and imprisonment terms depend on the nature and severity of the breach. It is important for importers and entities involved in the live specimen trade to be fully aware of and comply with these provisions to avoid legal repercussions.