Amendment - List of Specimens Taken to be Suitable for Live Import (21/07/2006)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly the natural, cultural, and heritage values of places of outstanding natural or cultural significance, and to regulate activities that have or may have a significant impact on the environment. The Act was introduced to address the need for comprehensive environmental protection and biodiversity conservation laws in Australia, providing a framework for managing environmental risks associated with human activities. The policy objective of the EPBC Act is to protect and conserve Australia's biodiversity and environment by regulating activities that may have a significant impact on the environment, including the importation of live specimens. An amendment to the list of specimens taken to be suitable for live import was made under the EPBC Act in 2006, following an administrative error that incorrectly included the species Diaeretus nov. sp., a wasp species, on Part 1 of the list. This part of the list comprises species exempt from the need for an import permit, but Diaeretus nov. sp. was never assessed by the Department of the Environment and Heritage as suitable for import and should not have appeared on the list. This legislative instrument, issued under the authority of the Minister for the Environment and Heritage, aims to correct this inaccuracy by removing Diaeretus nov. sp. from Part 1 of the list of specimens suitable for live import. The instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003 and commenced on the day after it was registered on the Federal Register of Legislative Instruments.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the import of live specimens in Australia, specifying that a live specimen can only be imported if it is included on the list of specimens suitable for live import. This list is divided into two parts: Part 1 includes species exempt from the need for an import permit, while Part 2 lists species that can be imported with a permit. The amendment to the list, as detailed in the legislative instrument F2006L02535, addresses an administrative error where the wasp species Diaeretus nov. sp. was incorrectly included in Part 1 of the list. This error occurred because the species was not on Schedule 5 or Schedule 6 of the Wildlife Protection (Regulation of Exports and Imports) Act 1982 and has never been assessed for suitability for import by the Department of the Environment and Heritage. The instrument corrects this error by removing Diaeretus nov. sp. from Part 1 of the list, ensuring compliance with the EPBC Act. This legislative instrument operates under the authority of the Minister for the Environment and Heritage and took effect upon registration on the Federal Register of Legislative Instruments.

Key Provisions

The primary sections relevant to this legislative instrument include section 303EB, which establishes the list of specimens suitable for live import under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), and section 303EC(1)(c), which authorises the Minister to correct inaccuracies in this list. The legislative instrument amends the list by removing Diaeretus nov. sp., a wasp species, from Part 1, which comprises species exempt from the need for an import permit under the EPBC Act. This was due to an administrative error that mistakenly included the species in Part 1 of the list, despite it not appearing on Schedule 5 or Schedule 6 of the Wildlife Protection (Regulation of Exports and Imports) Act 1982, and never having been assessed as suitable for import by the Department of the Environment and Heritage (DEH). The Act imposes several obligations and requirements on parties and entities involved in the import of live specimens. Primarily, the list established under section 303EB must accurately reflect the species that are deemed suitable for live import. Any entity or individual wishing to import a live specimen must ensure that the species in question is included on the correct part of the list, as failure to do so may result in the specimen being treated as unpermitted. Additionally, the Minister has a duty under section 303EC(1)(c) to correct inaccuracies in the list to maintain the integrity of the regulatory framework. Failure to comply with the requirements of the EPBC Act and the corrected list can lead to civil or criminal penalties. While the specific penalties for breaches are not detailed in the explanatory statement, the general provisions of the EPBC Act allow for significant penalties, including fines and imprisonment, for unauthorised activities related to the import of live specimens. The maximum penalties can vary depending on the nature and severity of the breach, but they are intended to enforce compliance with environmental protection and biodiversity conservation objectives.