EXPLANATORY STATEMENT
Issued by the authority of the delegate of the Minister for the Environment and Water
Environment Protection and Biodiversity Conservation Act 1999 - List of Specimens taken to be Suitable for Live Import Amendment (Angelfish) Instrument 2026
Legislative Authority
Under Part 13A of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), a specimen is taken to be suitable for live import if it is included in the List of Specimens taken to be Suitable for Live Import (29/11/2001) (Live Import List).
The Live Import List was established in accordance with section 303EB of the EPBC Act and has 2 Parts. Part 1 comprises a list of unregulated specimens exempt from the requirement for an import permit under the EPBC Act. Under subsection 303EB(5) of the EPBC Act, Part 1 of the Live Import List must not contain a specimen listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora [1976] ATS 29 (a CITES specimen). Part 2 comprises a list of allowable regulated specimens that can be imported with a permit issued by the Minister, along with notation of any restrictions or conditions attached to the inclusion of a specimen.
Paragraph 303EC(1)(b) of the EPBC Act provides that the Minister may, by legislative instrument, amend the Live Import List bycorrecting an inaccuracy or updating the name of a species.
This Instrument was made by the delegate of the Minister for the Environment and Water, as delegated under the Environment Protection and Biodiversity Conservation (Minister to Department and Director of National Parks) Delegation 2024, Schedule 1, Part 2.
Purpose
The purpose of this Instrument is to amend Part 1 of the Live Import List to exclude Holacanthus limbaughi, the Clipperton angelfish and clarify the exclusion of Holacanthus clarionensis, the Clarion angelfish. The department was advised of the inclusion of Holacanthus limbaughi, the Clipperton angelfish, in Appendix III of CITES in Notification to the Parties No. 2022/014 of 15 March 2022.
The amendments include:
- Deleting the text for the Angelfish entry: ‘All species of the family Pomacanthidae (for Holacanthus clarionensis see Part 2)’
- Inserting the text for the Angelfish entry: ‘All species of the family Pomacanthidae (except Holacanthus clarionensis and Holacanthus limbaughi. For Holocanthus clarionensis see Part 2)’
The amendments correct an inaccuracy by clarifying that the Angelfish entry excludes CITES specimens to comply with subsection 303EB(5) of the EPBC Act.
Consultation
The Instrument does not include new items or remove items from the Live Import List. It only makes a technical amendment to clarify that the Angelish entry excludes CITES specimens in order to comply with subsection 303EB(5) of the EPBC Act.
Due to the nature of the amendment, it was not considered necessary to consult on this Instrument.
Details/ Operation
Details of this Instrument are set out in Attachment A.
Exemption from Disallowance and Sunsetting
Subsection 303EC(6) of the EPBC Act provides that an instrument made under paragraph 303EC(1)(b) of the EPBC Act is not subject to disallowance. Instruments of this type are made to apply corrections and updates to the nomenclature of species.
The amendment in this Instrument is informed by the inclusion of the specimen Holacanthus limbaughi, the Clipperton angelfish, in Appendix III of CITES and is made to ensure that the Live Import List is accurate and valid.
The Live Import List amended by the Instrument is exempt from sunsetting under table item item 24 in section 12 of the Legislation (Exemptions and Other Matters) Regulation 2015. The Live Import List is not appropriate for sunsetting as its purpose is to specify live specimens (in the exact form listed and subject to stated conditions) that are suitable for import with or without a permit. The Live Import list is intended to be enduring, and it is therefore not appropriate to be subject to sunsetting. The exemption is to ensure regulatory certainty for relevant persons regarding which species are suitable for import and under what conditions. Amendments to the Live Import List are made following a statutory review process, which provides an appropriate mechanism to ensure the currency and accuracy of the list. This means that the amendments given effect by the Instrument will be enduring.
While this instrument is subject to the sunsetting regime, it will self-repeal under section 48A of the Legislation Act 2003 well before the end of the sunsetting period, as the sole purpose is to to make a technical amendment to the Live Import List.
Other
As this Instrument is not subject to disallowance, paragraph 15J(2)(f) of the Legislation Act 2003 provides that a Statement of Compatibility with Human Rights is not required.
This Instrument is a legislative instrument for the purposes of the Legislation Act 2003.
Authority: paragraph 303EC(1)(b) of the EPBC Act.
ATTACHMENT A
Details of the Environment Protection and Biodiversity Conservation Act 1999 - List of Specimens taken to be Suitable for Live Import Amendment (Angelfish) Instrument 2026
Section 1 – Name
This section provides that the name of the instrument is the Enviroment Protection and Biodiversity Conservation Act 1999 - List of Specimens taken to be Suitable for Live Import Amendment (Angelfish) Instrument 2026 (the Amendment Instrument).
Section 2 – Commencement
This section provides that the Amendment Instrument commences on the day after it is registered on the Federal Register of Legislation.
Section 3 – Authority
This section provides that the Amendment Instrument is made under paragraph 303EC(1)(b) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).
Section 4 – Schedules
This section provides for the amendments to the List of Specimens taken to be Suitable for Live Import (29/11/2001) (Live Import List).
Schedule 1—Amendments
Items 1 and 2 of Schedule 1 to the Amendment Instrument amend the Angelfish entry in Part 1 of the Live Import List by:
- Deleting the text: All species of the family Pomacanthidae (for Holacanthus
clarionensis see Part 2) - Inserting the text: All species of the family Pomacanthidae (except Holacanthus clarionensis and Holacanthus limbaughi. For Holocanthus clarionensis see Part 2).
The amendment is necessary to clarify the exclusion of Holacanthus clarionensis and Holacanthus limbaughi from Part 1 of the Live Import List to comply with subsection 303EB(5) of the EPBC Act.