List of Specimens Taken to be Suitable for Live Import Amendment 2018 (No. 2)

EXPLANATORY STATEMENT

Environment Protection and Biodiversity Conservation Act 1999

List of Specimens Taken to be Suitable for Live Import Amendment 2018 (No. 2)

Instrument under subparagraph 303EC (1)(a)(i)

(Issued under the Authority of the Minister for the Environment and Energy)

Under the Environment Protection and Biodiversity Conservation Act 1999 (the Act), a live specimen is allowed to be imported only if it is included in the ‘List of Specimens taken to be Suitable for Live Import’ (Live Import List).

The Live Import List was established in accordance with s303EB of the Act and has two Parts. Part 1 comprises species exempt from the requirement for an import permit under the Act. Part 2 comprises species that can be imported with a permit under the Act. 

The effect of this instrument is to:

1. Add text to the Part 1 listing for the Pomacanthidae family: “for Holacanthus clarionensis see Part 2 of the List”.
2. Add Holacanthus clarionensis (Clarion angelfish) to Part 2 of the Live Import List. Including this species in Part 2 of the Live Import List will allow the import of live specimens with a permit issued under the Act.
3. Include the following text to the preamble of Part 1: “Part 1 of the list must not contain a CITES specimen”.
4. Update the preamble in Part 1 and Part 2 of the list so that some references to the Quarantine Act 1908 are amended to refer to the Biosecurity Act 2015.

Amendments to the Live Import List can be made either on the initiative of the Minister or by application. This amendment was initiated by the Minister under section 303ED of the EPBC Act.

Consultation was carried out in accordance with s303EC (3). In this case, the Department of the Environment and Energy consulted with relevant commonwealth, state and territory agencies for the environment, conservation and fisheries. Comments were considered in the Department’s assessment.

The decision instrument is a legislative instrument for the purposes of the Legislation Act 2003. It will take effect on the day after registration.

Note: The name of this instrument was amended on registration as the instrument as lodged did not have a unique name (see subsection 10(2), Legislation Rule 2016).