Amendment - List of Specimens Taken to be Suitable for Live Import (18/08/2004)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Commonwealth Parliament to provide for the protection of the environment, particularly matters of national environmental significance, and to conserve Australia's biodiversity. The legislative instrument in question amends the EPBC Act by modifying the list of specimens that are suitable for live import, specifically adjusting the classification of the Leuciris fimbriaria, also known as the geometrid moth, from Part 2 to Part 1 of the list. This change allows for the moth to be imported for purposes other than commercial use, with the condition that it is kept in high security facilities. The amendment aims to address the potential risks associated with the introduction of invasive species while facilitating scientific and educational opportunities that align with the policy objectives of the EPBC Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) applies to a broad range of activities and entities across the Commonwealth of Australia. It provides a framework for the protection of the environment and the conservation of biodiversity, including the regulation of actions that may have a significant impact on the environment, particularly those involving matters of national environmental significance. The Act applies to any person or entity, including individuals, corporations, and government bodies, that engages in activities that may impact protected matters, such as endangered species, wetlands, and world heritage properties. The Act's geographic reach is national, covering all areas within Australia's jurisdiction, including territories and marine areas. Certain exclusions and exemptions apply, such as activities exempted under specific regulations or authorised by a permit. The Act also allows for the extension or restriction of its application through subordinate instruments, such as regulations or guidelines, which can specify detailed requirements or further define the scope of the Act's provisions.

Key Provisions

The legislative instrument amends the Environment Protection and Biodiversity Conservation Act 1999 by altering the list of specimens that are deemed suitable for live import under section 303EB (subsections 303EC(1)(a)). Specifically, it modifies the status of the Leuciris fimbriaria, commonly known as the geometrid moth, moving it from Part 2 to Part 1 of the list. In Part 2, the moth was previously listed with a condition that it could only be imported for eligible non-commercial purposes and required high security facilities, excluding household pets. By transferring it to Part 1, the moth is now recognised as suitable for live import without these specific restrictions. Under this legislative amendment, the obligations imposed on parties or entities intending to import the Leuciris fimbriaria change significantly. Previously, importing this moth required adherence to stringent conditions, such as only for non-commercial purposes and in high security facilities. With the change to Part 1, these restrictions are removed, simplifying the import process. Importers must still comply with other general requirements under the Environment Protection and Biodiversity Conservation Act 1999, including obtaining any necessary permits and ensuring that the import does not threaten the environment or biodiversity. The Act does not explicitly state new offences or penalties for the importation of the Leuciris fimbriaria following this amendment. However, the overarching framework of the Environment Protection and Biodiversity Conservation Act 1999 imposes severe penalties for breaches of its provisions. For instance, contravening the Act can result in substantial fines and, in serious cases, imprisonment. The maximum penalty for individuals can be up to $330,000 or imprisonment for up to five years, or both, whereas for corporations, the maximum penalty is $1.65 million. These penalties underscore the importance of compliance with the Act's requirements, including those related to the importation of live specimens.