List of Specimens Taken to be Suitable for Live Import Amendment 2018 (No. 3)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive environmental protection and biodiversity conservation in Australia. One of the mechanisms it employs is the regulation of the import of live specimens through the establishment of the Live Import List. This list, created under section 303EB of the EPBC Act, specifies which species can be imported without a permit (Part 1) and which require a permit (Part 2). The List of Specimens taken to be Suitable for Live Import Amendment 2018 (No. 3), issued under the authority of the Minister for the Environment and Energy, is a legislative instrument designed to update the scientific name of a species on Part 1 of the list. Specifically, it changes the name of the geometrid moth (Eueupithecia sp. 3445QA) to Eueupithecia vollonoides, following its formal description as a new species. This amendment aims to ensure the accuracy and currency of the information on the Live Import List, thereby facilitating compliance with the EPBC Act’s requirements.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the import of live specimens in Australia, and it mandates that such specimens must be included on the 'List of Specimens taken to be Suitable for Live Import' (Live Import List) to be legally imported. This list has two parts: Part 1 includes species that do not require an import permit under the EPBC Act, while Part 2 lists species that require a permit for import. The Legislative instrument F2018L00403 amends the Live Import List by updating the scientific name of a species previously listed. Specifically, the geometrid moth Eueupithecia sp. 3445QA, which was listed on Part 1 in May 2014, has been formally described as a new species and its name updated to Eueupithecia vollonoides. This amendment ensures the accuracy and currency of the list, reflecting the most recent scientific classifications. The instrument, issued under the authority of the Minister for the Environment and Energy, will take effect on the day after its registration, and it adheres to the provisions of the Legislation Act 2003.

Key Provisions

The main operative sections of this instrument concern the updating of the scientific name of a species on the ‘List of Specimens taken to be Suitable for Live Import’ under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303EC(1)(b) of the EPBC Act enables the Minister for the Environment and Energy to amend the scientific name of a species listed on Part 1 of the Live Import List. This amendment is necessary to reflect the formal description of the geometrid moth, previously listed as Eueupithecia sp. 3445QA, which is now recognised as Eueupithecia vollonoides. The updated list will reflect this change, ensuring that the legal requirements for the import of this species are accurately represented. The obligations imposed by this instrument on parties or entities governed by the EPBC Act are primarily concerned with compliance with the updated Live Import List. Importers and other entities must ensure that the species they wish to import are correctly identified according to the updated scientific names. This includes verifying that any geometrid moth imported is indeed Eueupithecia vollonoides, as the legal status of the species for import purposes depends on this accurate identification. The updated list helps maintain the integrity of the regulatory framework designed to protect Australia's biodiversity. Failure to comply with the updated requirements of the Live Import List can lead to various civil and criminal consequences. Under the EPBC Act, unauthorised imports of live specimens can result in significant penalties. The maximum penalty for contravening the Act can include substantial fines, with the exact amount varying depending on the specific circumstances of the offence. Additionally, individuals and entities found in breach of the Act may face criminal charges, which could result in imprisonment. Ensuring adherence to the updated list is thus crucial to avoid these serious legal repercussions.