List of Specimens taken to be Suitable for Live Import Amendment (giant Madagascar day gecko) Instrument 2024

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au F2024L01504 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Environment Protection and Biodiversity Conservation Act 1999

List of Specimens taken to be Suitable for Live Import Amendment
(giant Madagascar day gecko) Instrument 2024

Instrument made under subparagraph 303EC(1)(b)

(Issued under authority of the delegate of the Minister for the Environment and Water)

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 s303EB 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. Part 1 of the list must not contain a CITES (Convention on International Trade in Endangered Species of Wild Fauna and Flora) 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.

Subsection 303EC(1)(b) of the EPBC Act provides that the Minister may, by legislative instrument, amend the Live Import List by:

•                      correcting an inaccuracy or updating the name of a species.

This instrument was made by the delegate of the Minister for the Environment and Water, 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 2 of the Live Import List to update the scientific name of the giant Madagascar day gecko:

  • Delete Phelsuma madagascariensis grandis (giant Madagascar day gecko)
    • Eligible non-commercial purpose only, excluding household pets.
  • Insert Phelsuma grandis (giant Madagascar day gecko)
    • Eligible non-commercial purpose only, excluding household pets.

CITES recognises this taxon as a full species following its elevation from a sub-species Phelsuma madagascariensis grandis to the species Phelsuma grandis. This decision was taken by CITES on 23 June 2010 at the fifteenth meeting of the Conference of the Parties (CoP15).

Consultation

There are no consultation requirements under the EPBC Act for correcting an inaccuracy or updating the name of a species under subsection 303EC(1)(b) of the EPBC Act.

The department confirmed the accuracy of the updated name with databases of international organisations with expertise in species taxonomy.

The instrument does not include new items or remove items from the Live Import List. It only applies to make amendments of a scientific and technical nature. In accordance with section 17 of the Legislation Act 2003, the Delegate was satisfied that it was not necessary to undertake further consultation on this instrument.

Details

Details of this instrument are set out in Attachment A.

Commencement and Operation

This instrument is a legislative instrument for the purposes of the Legislation Act 2003. It commenced on the day after it was registered on the Federal Register of Legislation.

Subsection 303EC(6) of the EPBC Act provides that an instrument made under subsection 303EC(1)(b) is not subject to disallowance. Instruments of this type are made to apply corrections and updates to the nomenclature of species. These changes are informed by expert taxonomy and do not have policy significance outside of ensuring that the Live Import List is accurate. As such, instruments of this type would benefit little from the scrutiny process.

 

 

 

 

 

 

 

 


 

ATTACHMENT A 

 

Details of the List of Specimens taken to be Suitable for Live Import Amendment (giant Madagascar day gecko) Instrument 2024

 

Section 1 – Name  

 

This section provides that the name of the instrument is the List of Specimens taken to be Suitable for Live Import Amendment (giant Madagascar day gecko) Instrument 2024 (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 subparagraph 303EC(1)(b) of the of the 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).

 

Schedule 1—Amendments

 

Items 1 and 2 of Schedule 1 to the amendment instrument amend Part 2 of the Live Import List, by deleting Phelsuma madagascariensis grandis (giant Madagascar day gecko) and inserting Phelsuma grandis (giant Madagascar day gecko) with import conditions in the table of Reptiles (Reptilia) under the heading of Vertebrate Animals.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Overview

The List of Specimens taken to be Suitable for Live Import Amendment (giant Madagascar day gecko) Instrument 2024, made under the Environment Protection and Biodiversity Conservation Act 1999, aims to update the nomenclature of the giant Madagascar day gecko within the List of Specimens taken to be Suitable for Live Import. This amendment corrects the scientific name from Phelsuma madagascariensis grandis to Phelsuma grandis, reflecting its recognition as a full species by CITES. The instrument was issued by the delegate of the Minister for the Environment and Water, pursuant to the Environment Protection and Biodiversity Conservation (Minister to Department and Director of National Parks) Delegation 2024. The policy objective behind this amendment is to ensure that the Live Import List accurately reflects current taxonomic understanding, thereby maintaining the integrity of Australia's wildlife import regulations. This change was informed by expert taxonomy and does not introduce new policy or require further consultation beyond the verification of the updated name with relevant international databases.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) provides the legislative framework for regulating the live import of specimens in Australia, including those listed in the List of Specimens taken to be Suitable for Live Import. This Act applies to all individuals and entities involved in the import of live specimens, with specific provisions governing the conduct and transactions related to such imports. The geographic reach of the Act is national, applying across the Commonwealth of Australia, and it is enforced by the Minister for the Environment and Water. The Act includes specific exclusions and exemptions, particularly for specimens listed in Part 1 of the Live Import List, which are exempt from the requirement for an import permit. Additionally, any CITES specimens are not included in Part 1. The Act extends its application through subordinate instruments, such as the List of Specimens taken to be Suitable for Live Import Amendment (giant Madagascar day gecko) Instrument 2024, which updates the nomenclature of species in Part 2 of the Live Import List. This instrument specifically addresses the renaming of the giant Madagascar day gecko from Phelsuma madagascariensis grandis to Phelsuma grandis, reflecting its recognition as a full species by CITES.

Key Provisions

The main operative sections of this instrument pertain to the updating of the scientific name of the giant Madagascar day gecko in Part 2 of the List of Specimens taken to be Suitable for Live Import (Live Import List) under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (sections 303EC(1)(b) and 303EB). Specifically, the instrument amends the scientific name from Phelsuma madagascariensis grandis to Phelsuma grandis, reflecting the recognition by CITES as a full species following its elevation from a subspecies. This change ensures the Live Import List reflects the most current taxonomy and nomenclature (Schedule 1). Under this instrument, there are specific obligations and requirements for parties or entities involved in the import of the giant Madagascar day gecko. Importers must now reference the updated scientific name, Phelsuma grandis, when applying for an import permit. This requirement ensures that the nomenclature aligns with international standards and facilitates compliance with CITES regulations. The instrument does not impose additional conditions on the import process beyond those already specified in the Live Import List, which includes an eligible non-commercial purpose only, excluding household pets. For breaches of the EPBC Act, including incorrect or outdated nomenclature in the Live Import List, there can be significant penalties. Subsection 303EC(6) of the EPBC Act indicates that instruments of this type, which correct inaccuracies or update species names, are not subject to disallowance. However, failure to comply with the updated nomenclature when applying for an import permit could result in the refusal of the permit application. Additionally, importing a species under false or misleading information can attract fines and other civil or criminal penalties as outlined in the EPBC Act. The maximum penalties for breaches involving endangered species and wildlife trade violations can include substantial fines and imprisonment, reflecting the importance of accurate and up-to-date information in wildlife protection efforts.

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Environmental Law
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Legislative Instrument
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Definitions & Interpretation
Commencement Provisions
Repeal & Amendment

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.