Amendment - List of Specimens Taken to be Suitable for Live Import (21/11/2003)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Parliament of Australia to address the need for a comprehensive framework to protect and manage Australia's environment, particularly biodiversity and heritage. The Act provides a mechanism for the Commonwealth government to intervene in environmental matters that transcend state and territory boundaries, thereby ensuring that significant environmental impacts are considered in decision-making processes. This legislative instrument amends the list of specimens deemed suitable for live import under the EPBC Act, illustrating the ongoing efforts to refine and update regulatory measures in response to emerging scientific and environmental considerations. The policy objective behind these amendments is to maintain the integrity of Australia's ecosystems by ensuring that live imports are managed in a way that minimizes risks to native species and habitats.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, as amended by the legislative instrument F2006B01089, pertains to the regulation of live imports into Australia, specifically concerning the specimens suitable for such importation. The Act applies to individuals and entities engaged in the importation of live specimens, with a particular focus on ensuring that these imports are conducted in a manner that does not compromise Australia's environmental integrity or biodiversity. The amendment to the list of specimens taken to be suitable for live import affects the eligibility criteria for Cometaster pyrula, specifying that it can now be imported for non-commercial purposes, excluding household pets, and mandates that such imports occur only in high-security facilities. This legislation applies across the Commonwealth, thereby extending its jurisdictional reach throughout Australia. It is important to note that the Act can be further refined or extended through subordinate instruments, thereby allowing for more detailed regulation or adaptation to new circumstances.

Key Provisions

The legislative instrument amends the Environment Protection and Biodiversity Conservation Act 1999 (the "Act") to modify the list of specimens taken to be suitable for live import. Specifically, section 303EB is updated to reflect changes regarding the import of Cometaster pyrula. Previously, Cometaster pyrula was permitted for import only for eligible non-commercial purposes and only if imported into high security facilities. The amendment removes these restrictions, allowing for the import of Cometaster pyrula without specifying any eligibility or facility requirements. Under the amended Act, any party or entity wishing to import Cometaster pyrula must now comply with the general requirements of the Environment Protection and Biodiversity Conservation Act 1999. These requirements include ensuring that the import does not threaten native species or ecosystems and that appropriate measures are in place to prevent any potential harm from the introduction of the species. Importers must also ensure that the specimens are not intended for use as household pets, a restriction that remains in place despite the broader amendment. Breaches of the Act can lead to various civil and criminal consequences. For instance, failure to comply with the provisions regarding the import of live specimens could result in substantial fines. Under section 518 of the Act, a corporation can be fined up to $300,000 for each offence, while an individual can be fined up to $60,000. Additionally, section 528A stipulates that a person convicted of an offence against the Act could face imprisonment for up to two years. These penalties underscore the seriousness of non-compliance and the importance of adhering to the stipulated requirements for importing live specimens. The legislative instrument does not detail specific enforcement mechanisms but implies that the Department of Agriculture, Water and the Environment, or other authorised officers, will oversee compliance. Failure to comply with the Act's provisions may result in enforcement actions, including fines, penalties, and potential legal proceedings. The overarching aim is to protect Australia's biodiversity and ensure that the import of live specimens does not pose a risk to the environment or public health.