Amendment - List of Specimens Taken to be Suitable for Live Import (19/03/2009)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) serves as the primary piece of legislation for the protection of the environment and biodiversity in Australia. As part of its provisions, the Act establishes a list of specimens suitable for live import, which determines the eligibility of live organisms to be imported into Australia. To address a taxonomical discrepancy, an amendment to the live import list was made under paragraph 303EC(1)(c) of the EPBC Act. The amendment corrects the scientific name of the dingo from Canis familiaris to Canis lupus dingo, aligning it with the most taxonomically accurate nomenclature used by databases such as the Species Profile and Threats Database (SPRAT) and the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). This legislative change was enacted to ensure consistency and accuracy in the scientific references within the EPBC Act, without altering the regulatory status of dingo imports. The amendment was implemented as a legislative instrument under the Legislative Instruments Act 2003 and took effect immediately upon its registration on the Federal Register of Legislative Instruments.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the import of live specimens, with specific regulations outlined in the list of specimens suitable for live import. This list, established under section 303EB of the EPBC Act, includes two parts: Part 1 comprises species exempt from the need for an import permit, while Part 2 consists of species that can be imported with a permit. The Act, as amended by this legislative instrument, applies to all entities or individuals intending to import live specimens into Australia. This includes various industries and individuals engaged in wildlife trade or conservation efforts. The geographic reach of the Act is national, extending throughout Australia, and it applies to all imports regardless of the origin of the specimens. This legislative instrument does not introduce new exclusions or exemptions but ensures that the scientific names in the live import list are taxonomically accurate. The amendment corrects the scientific name of the dingo from Canis familiaris to Canis lupus dingo to align with recognised taxonomical databases. The instrument operates within the framework of the EPBC Act and does not extend or restrict application beyond its original scope.

Key Provisions

The primary focus of the amendment to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is the adjustment to the scientific nomenclature for the dingo on the list of specimens suitable for live import (section 303EB). Currently, the dingo is listed under the scientific name Canis familiaris, but this will be updated to the more accurate Canis lupus dingo (paragraph 303EC(1)(c)). This amendment ensures that the scientific name listed aligns with the taxonomy used by authoritative sources such as the Species Profile and Threats Database (SPRAT) and the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The obligation on entities and individuals under this Act is to adhere to the updated taxonomy when importing live specimens. Specifically, when importing a dingo, the updated scientific name Canis lupus dingo must be referenced. This amendment ensures that all references within the live import list are consistent with the most current and accurate taxonomic data. It is important for importers to consult the live import list to verify the scientific names and ensure compliance with the EPBC Act. Breaches of the EPBC Act can lead to various consequences. For example, importing a live specimen that is not on the live import list or using an incorrect scientific name could result in penalties. Although the specific penalties are not detailed in the explanatory statement, generally under the EPBC Act, individuals and entities can face fines and other civil or criminal penalties. The maximum penalties can vary depending on the severity and frequency of the offence, but they can include significant fines and, in severe cases, imprisonment. It is crucial for all parties involved in the import of live specimens to ensure compliance with the updated nomenclature to avoid these potential consequences.