Amendment - List of Specimens Taken to be Suitable for Live Import (Geometrid Moth)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (Cth) is a comprehensive piece of legislation designed to protect and conserve Australia's biodiversity and environment. The Act aims to provide for the protection of the environment, particularly matters of national environmental significance, by regulating activities that may have a significant impact on the environment. The Act was enacted by the Commonwealth Parliament to address the problem of biodiversity loss and environmental degradation, and it provides a framework for the protection and sustainable use of natural resources. The recent amendment, made by Tony Burke, the Minister for Sustainability, Environment, Water, Population and Communities, adds the geometrid moth, Eueupithecia cisplatensis, to the list of specimens taken to be suitable for live import. This amendment aims to ensure that the importation of live specimens is regulated in a way that minimises the risk of introducing invasive species into Australia's environment. The amendment will take effect the day after registration on the Federal Register of Legislative Instruments.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999, administered by the Commonwealth of Australia, applies to the conservation and protection of the environment and biodiversity, regulating activities that may have a significant impact on matters of national environmental significance. This Act governs a broad range of entities including individuals, corporations, and government bodies, with particular focus on actions that may affect protected species, ecosystems, or heritage sites. The geographic reach of the Act extends nationally, encompassing all territories and states within Australia. In the context of the listed amendment concerning the addition of the geometrid moth, Eueupithecia cisplatensis, to the list of specimens suitable for live import, the Act specifically addresses the importation of invertebrate animals, specifically arthropods within the class Insecta. The amendment specifies that this moth is to be included in the list in the appropriate alphabetical position, thereby extending the scope of permissible live imports. The Act does not specify exclusions or exemptions directly within this amendment but relies on broader provisions of the legislation to delineate allowable activities and transactions. The application and enforcement of the Act can be further defined and extended through subordinate instruments, which provide detailed regulations and guidelines to support the overarching objectives of the Act.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) includes a list of specimens that are considered suitable for live import into Australia. Under section 303EB, the Act establishes criteria for the importation of live animals and plants, including invertebrates. The recent amendment, made under section 303EC(1)(a), adds the species Eueupithecia cisplatensis, commonly known as a geometrid moth, to the list of suitable specimens for live import under the category of Arthropods (Arthropoda), Class: Insecta. This addition is to be made in the appropriate alphabetic position within the list, reflecting the taxonomic classification of the species. The primary obligation imposed by this amendment is the requirement for compliance with the updated list of suitable specimens for live import. Entities involved in the live import of animals and plants must ensure that the species they intend to import are included in the list as stipulated under section 303EB of the EPBC Act. For the species Eueupithecia cisplatensis, this means that importers must verify that they are permitted to bring this specific moth into Australia, aligning with the criteria set forth in the Act. Breach of the provisions under the EPBC Act can lead to significant legal consequences. The Act includes provisions for both civil and criminal penalties for non-compliance. For instance, under section 516 of the Act, a person who contravenes any of the provisions regarding the importation of live specimens can face civil penalty provisions, which may include fines up to a maximum of $72,000 for individuals and $360,000 for bodies corporate, depending on the nature and severity of the offence. Additionally, under section 528, criminal penalties can be imposed, including fines of up to $660,000 for individuals and $3.3 million for bodies corporate, as well as potential imprisonment for up to five years. These penalties underscore the importance of adhering to the legislative requirements to avoid severe repercussions.