Amendment - List of Specimens Taken to be Suitable for Live Import (13/12/2004)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment, particularly the nation's biodiversity, and to manage and regulate activities that may impact it. This Act, overseen by the Australian Parliament, aims to address the problem of the potential ecological and environmental risks associated with the live import of certain species, ensuring that such activities are conducted in a manner that does not compromise the integrity of native ecosystems. The legislative instrument F2006B01108 amends the list of specimens suitable for live import by correcting entries under the Class: Osteichthyes, specifying the exclusion of Cheilinus undulatus from the family Labridae while including it separately. This policy objective aligns with the Act's overarching goal of balancing biodiversity conservation with responsible environmental management in the live import sector.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a broad range of activities that may impact on matters of national environmental significance, including the live import of specimens. The legislative instrument in question specifically amends the list of specimens taken to be suitable for live import under sections 303EB and 303EC of the EPBC Act. This amendment pertains to the Class: Osteichthyes, which includes various species of fish. The changes correct the list by excluding Cheilinus undulatus from the family Labridae, previously considered suitable for live import, and instead include Cheilinus undulatus in a separate category. This legislative instrument extends the scope of the Act by modifying the list of specimens eligible for live import, which impacts entities and individuals involved in the live importation of fish species, particularly those within the specified family and species. The changes are applicable nationally and will take effect from 12 January 2005. The authority to make these amendments is derived from the powers granted under the EPBC Act, and the legislative instrument is dated 13 December 2004, signed by Ian Cresswell, the Delegate of the Minister for the Environment and Heritage.

Key Provisions

The legislative instrument amends the list of specimens taken to be suitable for live import under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303EB(1) of the Act is updated to modify the list by removing Cheilinus undulatus from the family Labridae in Part 1 and adding it to Part 2. This means that all species of the family Labridae are now considered suitable for live import, except for Cheilinus undulatus, which is now explicitly included in Part 2 (s303EB(1)). The operative sections require the delegate to make these changes, and the amendments will take effect from 12 January 2005. The changes are intended to clarify which species within the family Labridae are eligible for live import and which are not, ensuring that the regulatory framework is accurately reflected in the legislation. This amendment is made under the authority granted by the Minister for the Environment and Heritage. The Act imposes obligations on parties or entities involved in the live import of specimens to ensure they comply with the specified lists. Importers must adhere to the amended list by correctly identifying which species are permissible under Part 1 and which require additional consideration or approval under Part 2. Failure to comply with these requirements may lead to legal consequences. Breach of the requirements set out in the EPBC Act can result in civil or criminal penalties. The maximum penalties for contravening the Act can include fines and imprisonment, depending on the severity and intent of the breach. The specific penalties are outlined in other sections of the Act, but the legislative instrument itself does not detail these penalties. Importers and other relevant parties must ensure they are fully aware of and comply with the amended list to avoid any potential legal repercussions.