EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Amendment to the List of Specimens Taken to be Suitable for Live Import
in accordance with paragraph 303EC(1)(c)
Under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), a live specimen is allowed to be imported only if it is included on the list of specimens suitable for live import (live import list).
The live import list was established in accordance with section 303EB of the EPBC Act and has two parts. Part 1 comprises species exempt from the need for an import permit under the EPBC Act. Part 2 comprises species that can be imported with a permit under the EPBC Act.
The purpose of this instrument is to amend the live import list pursuant to paragraph 303EC(1)(c) of the EPBC Act to update the listing for dingo (Canis lupus dingo) to remove the reference to an Appendix to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
This amendment arose as a result of a decision at the CITES Conference of the Parties in March 2010 to clarify the listing for Canis lupus by including the annotation "Excludes the domesticated form and the dingo which are referenced as Canis lupus familiaris and Canis lupus dingo." The purpose of this amendment was to clarify the current understanding of their status, as neither domesticated forms of the dog nor the Dingo have ever been considered as being covered by the listing of Canis lupus in the CITES Appendices.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the importation of live specimens in Australia, with a specific list of species suitable for live import, known as the live import list, outlined in section 303EB. This list is divided into two parts: species exempt from requiring an import permit, and those that can be imported with a permit. The Act was amended in 2010 to update the live import list regarding the dingo (Canis lupus dingo) by removing a reference to an Appendix in the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). This amendment followed a decision at the 2010 CITES Conference of the Parties to clarify the listing for Canis lupus by explicitly excluding domesticated forms and the dingo, annotated as Canis lupus familiaris and Canis lupus dingo. The objective of this legislative amendment was to align the EPBC Act with the clarified status of the dingo under CITES, ensuring that neither domesticated dogs nor dingoes are subject to the CITES listing for Canis lupus. The legislative instrument, F2010L02251, was enacted under the Legislative Instruments Act 2003 and commenced on the day after its registration on the Federal Register of Legislative Instruments.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the importation of live specimens into Australia, specifying which species are permitted under the live import list. 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 legislative instrument F2010L02251 amends the live import list to update the status of the dingo (Canis lupus dingo) by removing a reference to an Appendix of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). This change follows a decision by the CITES Conference of the Parties in March 2010, which clarified that neither domesticated forms of the dog nor the dingo are covered by the listing of Canis lupus in the CITES Appendices. The amendment aims to align the EPBC Act with this updated understanding. The instrument is a legislative tool under the Legislative Instruments Act 2003, and it took effect the day after its registration on the Federal Register of Legislative Instruments.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) includes specific provisions regarding the importation of live specimens, governed by the live import list detailed in section 303EB. This list is divided into two parts: Part 1 includes species that do not require an import permit under the EPBC Act, while Part 2 includes species that can be imported with a permit. The recent amendment to the live import list, detailed in section 303EC(1)(c), concerns the dingo (Canis lupus dingo). This amendment was necessitated by a decision at the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) Conference of the Parties in March 2010, which clarified that domesticated forms of the dog and the dingo should not be included under the listing for Canis lupus in the CITES Appendices.
The primary obligation imposed by the EPBC Act is that any live specimen, including the dingo, must be included on the live import list to be eligible for importation. The amendment to the list ensures that the dingo is correctly identified as exempt from the need for an import permit, reflecting its status under CITES. This legislative change aims to align Australian regulations with international standards, ensuring that the importation of the dingo does not require additional permits under the EPBC Act.
Failing to comply with the provisions of the EPBC Act and the live import list could result in legal consequences. For instance, importing a live specimen not listed on the live import list may lead to enforcement actions under the Act. While the specific penalties are not detailed in the explanatory statement, breaches of the EPBC Act generally attract significant fines and, in severe cases, imprisonment. The Act empowers authorised officers to take necessary actions to enforce compliance, including the seizure of non-compliant specimens and the imposition of fines. This stringent enforcement underscores the importance of adhering to the updated live import list to avoid legal repercussions.