Amendment - List of Specimens Taken to be Suitable for Live Import (16/08/2006)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment and biodiversity in Australia. One of the mechanisms under this Act is the regulation of the import of live specimens, which must be listed as suitable for live import. In response to an application by CSIRO Entomology, the Minister for the Environment and Heritage has amended the list of specimens suitable for live import. Specifically, Nesaecrepida infuscata, a leaf beetle, has been added to Part 1 of the list, which includes species exempt from the need for an import permit. This addition facilitates the importation of live specimens of N. infuscata into Australia for the purpose of biological control of Mimosa pigra, a weed of national significance. The amendment also involves the removal of Syphrea bibiana from Part 2 of the list, as it is an invalid synonym for N. infuscata. The Minister's decision to amend the list was based on an assessment report and consultations with relevant state and territory ministers, all of whom supported the amendment, ensuring minimal risk to the Australian environment.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment to the List of Specimens Taken to be Suitable for Live Import in accordance with paragraph 303EC (1) (a) applies to the import of live specimens of specified species, in this case Nesaecrepida infuscata (a leaf beetle), and Syphrea bibiana, which is removed from the list as it is an invalid synonym for Nesaecrepida infuscata. This amendment pertains to the import of live specimens of these species into Australia, specifically for the purpose of biological control of Mimosa pigra, a weed of national significance. The geographic reach of this Act is national, as it operates under the authority of the Commonwealth of Australia to regulate the import of live specimens across the country. The Act excludes any other species not listed in the amended Part 1 and Part 2 of the list of specimens suitable for live import. The legislative instrument may be further extended or restricted through subordinate instruments in accordance with the EPBC Act.

Key Provisions

The main operative sections of this legislation are sections 303EB, 303EC, 303ED, 303EE, and 303EF of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303EB establishes the list of specimens suitable for live import, which has two parts: species exempt from import permit requirements in Part 1, and species that require a permit in Part 2. Section 303EC outlines the criteria for including a species in the list, including environmental risk assessments. Section 303ED mandates consultation with other relevant ministers before making amendments to the list. Section 303EE allows for applications to add species to the list, while section 303EF requires that any assessment report used to inform decisions be published and open to public comment. This particular legislative instrument amends the list by adding Nesaecrepida infuscata to Part 1 and removing Syphrea bibiana from Part 2. The obligations imposed by this Act on the parties or entities it governs are primarily concerned with the importation of live specimens of specified species. The Act requires that any live specimen imported into Australia must be included on the list of specimens suitable for live import. This list is divided into two parts: Part 1 lists species exempt from the need for an import permit, while Part 2 lists species that require a permit. The Act mandates that any amendments to this list must be supported by an assessment report that evaluates the potential environmental risks of importing the species. Additionally, the Act requires public consultation on proposed amendments, ensuring that the community has an opportunity to provide feedback. This legislative instrument specifically adds Nesaecrepida infuscata to Part 1 and removes Syphrea bibiana from Part 2. The consequences for breaching the provisions of this Act are not explicitly detailed within the legislative instrument itself, but generally, the EPBC Act provides for both civil and criminal penalties for non-compliance with its requirements. For example, unauthorised importation of live specimens could result in fines or imprisonment, depending on the severity of the breach. Furthermore, entities that fail to comply with the assessment and consultation requirements may face legal action, including injunctions or other remedies to enforce compliance. The maximum penalties for breaches of the EPBC Act can vary widely, with potential fines ranging from several thousand to millions of dollars, and imprisonment terms extending up to several years, depending on the nature and seriousness of the offence.