Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly matters of national environmental significance, and to regulate the impacts of activities on the environment, including the protection and conservation of biodiversity. This legislation was introduced to address the gap in the regulation of activities that may significantly impact the environment and biodiversity. The EPBC Act is administered by the Australian Government and is overseen by the Minister for the Environment, currently the Hon. Tanya Plibersek MP. The policy objective of the Act is to ensure the protection of the environment and biodiversity by regulating activities that may have a significant impact on the environment, including the live import of animals. This legislative instrument, enacted by Ian Campbell, Minister for the Environment and Heritage on 24 August 2004, amends the list of specimens taken to be suitable for live import under section 303EB of the EPBC Act. The amendment adds the taxon Tateurndina ocellicauda, commonly known as the Peacock Gudgeon, under the heading Vertebrate Animals, Class: Bony fishes (Osteichthyes) (Fish), in its appropriate alphabetical position. This amendment aims to regulate the live import of this species by including it in the list of approved specimens, thereby ensuring that the import of this species is managed under the provisions of the EPBC Act.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to a wide range of activities across Australia, including those that may impact on matters of national environmental significance, such as endangered species, threatened ecological communities, and World Heritage properties. The legislative instrument in question pertains to an amendment concerning the list of specimens deemed suitable for live import under section 303EB of the EPBC Act. This particular amendment includes the species Tateurndina ocellicauda, commonly known as the Peacock Gudgeon, in the list of vertebrate animals, specifically under the class of bony fishes (Osteichthyes). This addition places the Peacock Gudgeon within the regulatory framework governing live imports of vertebrate animals, subject to the relevant provisions of the EPBC Act. The amendment is applicable nationally, given the overarching jurisdiction of the Commonwealth in matters of environment protection and biodiversity conservation. The inclusion of the Peacock Gudgeon in the list means that it can now be imported under specific conditions, provided all regulatory requirements and potential impacts are properly assessed and managed.

Key Provisions

The legislative instrument amends the Environment Protection and Biodiversity Conservation Act 1999 by including a new species, the Peacock Gudgeon (Taxon: Taeterndina ocellicauda), under the category of Vertebrate Animals, specifically Bony fishes (Osteichthyes), in the list of specimens suitable for live import. This addition is made pursuant to section 303EC(1)(a) of the EPBC Act and is intended to be placed in Part 1 of the list in its appropriate alphabetical order as per section 303EB. This amendment ensures that the Peacock Gudgeon is now recognised as a suitable species for live import under the Act. The obligations imposed on parties or entities by this legislative instrument primarily involve ensuring compliance with the updated list of suitable species for live import. Importers and exporters must adhere to the stipulations and conditions set forth in the Environment Protection and Biodiversity Conservation Act 1999. They must ensure that any live import of the Peacock Gudgeon, now listed as suitable, meets the necessary regulatory requirements and does not contravene any other provisions of the Act. This includes obtaining any required permits or approvals, and ensuring that the import does not pose a threat to the environment or biodiversity. Breaches of the provisions within the Environment Protection and Biodiversity Conservation Act 1999 can lead to various consequences. Depending on the severity and nature of the breach, penalties can range from fines to imprisonment. For instance, knowingly or recklessly contravening any provision of the Act can result in a substantial fine. Specifically, under section 510 of the Act, an individual can face a penalty of up to $222,000, while a body corporate can face a penalty of up to $1,110,000. Additionally, repeat offenders or those who cause significant harm to the environment or biodiversity may face even higher penalties. It is also important to note that failure to comply with the Act can result in civil actions for damages or injunctive relief to prevent further breaches.