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

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the Australian environment, particularly matters of national environmental significance. One of the mechanisms within the Act is the control over the live import of species, which is managed through a list of specimens deemed suitable for live import. This legislative instrument, the List of Specimens Taken to be Suitable for Live Import Amendment 2018 (No. 2), was issued under the authority of the Minister for the Environment and Energy to amend the List of Specimens Taken to be Suitable for Live Import. The primary policy objective of this amendment is to ensure that the importation of live specimens is regulated in a manner that aligns with environmental conservation objectives and biosecurity requirements. This amendment specifically addresses the inclusion and reclassification of certain species within the live import list, facilitating the controlled import of live specimens where appropriate, while maintaining stringent controls to protect Australia's biodiversity.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the import of live specimens within Australia, which is regulated through the ‘List of Specimens Taken to be Suitable for Live Import’ (Live Import List). This legislative instrument amends the Live Import List by adding Holacanthus clarionensis, commonly known as the Clarion angelfish, to Part 2, thereby allowing its import with a permit issued under the Act. Furthermore, it modifies the preamble of Part 1 to exclude CITES specimens, ensuring alignment with international conservation efforts. The amendments also update references from the Quarantine Act 1908 to the Biosecurity Act 2015, reflecting current legislative standards. These changes were initiated by the Minister for the Environment and Energy, following consultations with relevant federal, state, and territory agencies to consider their input and ensure comprehensive coverage of environmental and biosecurity concerns. The amendments will be effective from the day after registration, extending their application across Australia to regulate the importation of live species in a manner consistent with environmental protection and biodiversity conservation objectives.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) regulates the importation of live specimens, which is permissible only if the specimens are included in the 'List of Specimens taken to be Suitable for Live Import' (Live Import List). Sections 303EB and 303ED of the Act establish and manage this list, respectively. Section 303EB outlines the structure of the list, which is divided into two parts. Part 1 of the list includes species that are exempt from the need for an import permit under the EPBC Act, while Part 2 includes species that can be imported with such a permit. The 2018 amendment, detailed in F2018L00402, modifies these listings. The primary changes introduced by the amendment include adding text to the preamble of Part 1 stating that it should not contain any CITES specimens. Additionally, the amendment adds the Pomacanthidae family to Part 1, specifying that for Holacanthus clarionensis, one should refer to Part 2 of the list. Furthermore, it updates the preambles in both Part 1 and Part 2 to replace references to the Quarantine Act 1908 with references to the Biosecurity Act 2015. The amendment also formally adds Holacanthus clarionensis, commonly known as the Clarion angelfish, to Part 2 of the Live Import List, thereby permitting its importation under the EPBC Act with an appropriate permit. The obligations imposed by these provisions require entities or individuals seeking to import live specimens to ensure that the species in question is listed in the appropriate section of the Live Import List. For species listed in Part 2, such as the Clarion angelfish, an import permit issued under the EPBC Act is necessary. Additionally, the amendment’s stipulation that Part 1 should not include any CITES specimens imposes a compliance requirement for entities to verify that species listed in Part 1 do not fall under CITES regulations. Failure to comply with the requirements set out in the EPBC Act and the updated Live Import List could result in various legal consequences. Importing a live specimen not listed in the Live Import List without the necessary permit could be considered an offence under the Act. Penalties for such breaches can be substantial and may include fines or imprisonment, depending on the severity of the violation. The exact penalties are not specified in the explanatory statement but are typically detailed within the EPBC Act itself. The amendment ensures that any violations are subject to the existing legal framework governing the importation of live specimens under the EPBC Act.