Amendment – List of Specimens taken to be Suitable for Live Import (Cochineal Insect)

Overview

The Environment Protection and Biodiversity Conservation Act 1999, enacted to address the need for comprehensive protection of the environment and biodiversity, was amended to include a new entry in the List of Specimens Taken to be Suitable for Live Import. This amendment was introduced by the Commonwealth of Australia, specifically by Greg Hunt, the Minister for the Environment, under the authority granted by the Act. The policy objective behind this amendment is to ensure that the importation of live specimens is regulated in a manner that protects the nation's biodiversity. The addition of Dactylopius tomentosus, commonly known as the cochineal insect, under the category of invertebrate animals, arthropods, class Insecta, aims to manage and monitor the live import of this species, thereby safeguarding the ecological balance and preventing potential harm from invasive species.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) applies to various entities and individuals involved in activities that may impact the environment or biodiversity in Australia. This Act establishes a framework for the protection of the environment and biodiversity, including the regulation of activities that may harm or threaten species and ecosystems. The specified amendment under section 303EB adds Dactylopius tomentosus, commonly known as a cochineal insect, to the List of Specimens Taken to be Suitable for Live Import. This amendment affects those involved in the import of live specimens, particularly within the invertebrate animal category and more specifically for arthropods of the class Insecta. The amendment is applicable nationally, as the EPBC Act operates across the Commonwealth of Australia, extending its reach to both state and territory jurisdictions. The addition of this species to the list facilitates controlled live importation, ensuring that any such imports comply with environmental and biosecurity regulations. The Act allows for further specification and regulation through subordinate instruments, thereby providing flexibility in its application and enforcement.

Key Provisions

The amendment to the Environment Protection and Biodiversity Conservation Act 1999 (the Act) (section 303EB) pertains to the addition of a new entry in the List of Specimens Taken to be Suitable for Live Import. Specifically, it adds Dactylopius tomentosus, commonly known as the cochineal insect, under the heading Invertebrate Animals, Arthropods (Arthropoda), Class: Insecta. This addition is intended to allow for the live import of this particular species, subject to the regulatory framework established under the Act. Under this Act, the amendment imposes specific obligations and requirements on those involved in the live import of Dactylopius tomentosus. These obligations include compliance with the conditions set forth in the Act, such as obtaining necessary permits and adhering to biosecurity measures to prevent the introduction of pests and diseases. Importers must ensure that the import process does not pose a threat to the environment or biodiversity in Australia. Failure to comply with the provisions of the Act can result in various consequences. For instance, unauthorised imports may lead to civil penalties, including fines. The Act also provides for criminal penalties where the breaches are deliberate or negligent. The maximum civil penalty for contravening the Act is $5.5 million for corporations and $110,000 for individuals, while the maximum criminal penalty for individuals is a fine of $165,000 or imprisonment for five years, or both. These penalties underscore the importance of adhering to the regulatory requirements set out in the Act to protect Australia's biodiversity and environment.