Amendment - List of Specimens Taken to be suitable for Live Import (17/10/2007)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) serves as the legislative framework to protect and manage Australia’s biodiversity and environment. It establishes a live import list that dictates which species can be imported into the country alive, distinguishing between those that require a permit and those that are exempt. Recently, a taxonomic review identified spelling errors in the scientific names of species listed for live import, prompting the need for amendments. The explanatory statement details the correction of these errors, ensuring the accuracy and integrity of the live import list. This legislative instrument, issued under the authority of the Minister for the Environment and Water Resources, aims to align the live import list with the most current taxonomic classifications, thereby maintaining the effectiveness of the EPBC Act in safeguarding Australia's biodiversity.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the importation of live specimens, stipulating that only those listed on the live import list are permissible for entry into Australia. This list, established under section 303EB of the EPBC Act, is divided into two parts: Part 1 includes species that are exempt from the need for an import permit, while Part 2 comprises species that require a permit for importation. The legislation applies to individuals and entities seeking to import live specimens into Australia, thereby impacting those involved in the wildlife trade and conservation sectors. This amendment to the list, as specified in section 303EC(1)(c) of the EPBC Act, addresses and corrects two identified spelling errors in the scientific names of species listed under both Part 1 and Part 2, ensuring the accuracy and integrity of the legal framework governing live imports. The amendment affects all persons and entities engaged in the importation of these species and applies nationally across Australia. The instrument takes effect the day after its registration on the Federal Register of Legislative Instruments.

Key Provisions

The primary operative sections of this legislative instrument are sections 303EC(1)(c) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), which allows for amendments to the list of specimens suitable for live import. This list is crucial as it dictates which species are allowed to be imported into Australia, either without a permit or with a permit. The list is divided into two parts: Part 1 includes species exempt from requiring an import permit, while Part 2 includes species that require an import permit. The amendment specifically targets and corrects spelling errors in the scientific names of species listed in Parts 1 and 2. The obligations imposed by this Act on the parties and entities it governs include ensuring that the list of specimens suitable for live import is accurate and up-to-date. This is vital for compliance with the EPBC Act, as any import of live specimens must align with the requirements set out in the live import list. Any entity or individual responsible for the importation of live specimens must verify that the species they intend to import are correctly listed and that any necessary permits are obtained where required. Failure to adhere to these requirements can result in significant legal and environmental consequences. The amendment itself does not introduce new offences or penalties but serves to correct existing inaccuracies in the list. However, the underlying EPBC Act does provide for a range of penalties for breaches. For instance, importing a live specimen without the necessary permit can result in civil penalties of up to $511,000 for individuals and up to $2,555,000 for corporations, as well as criminal penalties which can include fines and imprisonment. Additionally, the Act provides for the possibility of compensating for any environmental harm caused by non-compliance. In summary, this legislative instrument amends the list of specimens suitable for live import under the EPBC Act by correcting spelling errors in the scientific names of two bird species. This correction ensures compliance with the Act’s requirements and avoids potential legal repercussions associated with importing specimens that are incorrectly listed. While the amendment itself does not introduce new penalties, the EPBC Act continues to enforce strict penalties for non-compliance with its provisions.