Amendment - List of Specimens Taken to be Suitable for Live Import (22/12/2008)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is the principal federal law designed to protect and conserve Australia's biodiversity and environment. One of the mechanisms through which this is achieved is the regulation of the import of live specimens, which is governed by a List of specimens that are taken to be suitable for live import. The Act aims to ensure that any live specimens imported into Australia do not pose a risk to the environment or native species. This legislative instrument amends the List of specimens suitable for live import to include the family Monacanthidae, which has been taxonomically separated from the family Balistidae. This amendment was made to reflect recent scientific classifications and ensure that species within the family Monacanthidae can be imported without requiring an import permit under the EPBC Act, aligning with the pre-existing regulatory status of these species prior to their reclassification. The instrument was developed following consultation with taxonomy experts and is a legislative measure intended to streamline the import process for these species in accordance with the latest taxonomic understanding.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the import of live specimens into Australia, requiring that such specimens be included on a specific list to be legally imported. This list is divided into two parts: Part 1 includes specimens that are exempt from the need for an import permit under the EPBC Act, while Part 2 includes those that require such a permit. Pursuant to section 303EC(1)(c) of the EPBC Act, the List is subject to amendments to reflect taxonomic changes, ensuring that the classification of species aligns with current scientific understanding. Recently, the family Balistidae was re-classified into two families: the original family Balistidae and the new family Monacanthidae. This amendment aims to update Part 1 of the List to include the family Monacanthidae, thereby allowing species within this family to be imported without the need for an import permit, as was the case prior to the taxonomic change. The amendment was made following consultations with taxonomy advisers from the Australian Biological Resource Study (ABRS) and the Australian Museum, Sydney, and is considered a necessary adjustment to reflect the updated scientific classification.

Key Provisions

The main operative sections of this legislation pertain to the amendment of the List of Specimens that are taken to be suitable for live import under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (sections 303EB and 303EC(1)(c)). Section 303EB establishes the List, which has two parts: Part 1 comprises specimens exempt from the need for an import permit, while Part 2 comprises specimens that can be imported with a permit. The amendment under section 303EC(1)(c) specifically adds the family Monacanthidae to Part 1 of the List, thereby permitting the import of species within this family without the need for an import permit under the EPBC Act. The Act imposes specific obligations on parties and entities involved with the import of live specimens. These include ensuring that any live specimens imported are included on the List, either in Part 1 or Part 2, as appropriate. For species now classified under the family Monacanthidae, this means they can be imported without the need for a permit, provided all other relevant legislative and regulatory requirements are met. The inclusion of Monacanthidae in Part 1 of the List aims to streamline the import process for these species by removing the permit requirement, reflecting the recent taxonomic re-classification. Breaches of the provisions outlined in the EPBC Act may result in various civil or criminal consequences, depending on the nature and severity of the offence. While the specific offences and penalties are not detailed in the explanatory statement, violations of the Act can generally lead to fines, imprisonment, or both, as stipulated by the relevant sections of the EPBC Act. The exact penalties would depend on the specific provisions violated and the circumstances of the breach. Importing specimens not listed or failing to comply with the conditions set out in the List could result in significant legal consequences for individuals and entities involved. Consultation with taxonomy advisers from the Australian Biological Resource Study (ABRS) and the Australian Museum, Sydney, was undertaken to ensure the accuracy and appropriateness of the amendment. Given the nature of the amendment, which is a machinery instrument required to reflect a taxonomic change, no further consultation with other Ministers or the public was deemed necessary. This legislative instrument, which amends the List of Specimens suitable for live import, is a legislative instrument under the Legislative Instruments Act 2003 and came into effect on the day after it was registered on the Federal Register of Legislative Instruments.