EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
List of Specimens Taken to be Suitable for Live Import Amendment (Labidochromis caeruleus and Testudo hermanni) Instrument 2019
Instrument under subparagraph 303EC(1)(b)
(Issued under Authority of the Minister for the Environment)
Under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), a live specimen is allowed to be imported only if it is included on 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 EPBC Act and has two Parts. Part 1 comprises species exempt from the requirement for an import permit under the EPBC Act. Part 2 comprises species that can be imported with a permit under the EPBC Act.
In accordance with s. 303EC(1)(b) of the EPBC Act, the effect of this instrument is to update the listing position of a species on Part 1 of the list and the common name of a species on Part 2 of the list.
In December 2018, the then Minister, the Hon Melinda Price MP, agreed to add the Electric Yellow Cichlid (Labidiochromis caerulius), to Part 1 of the Live Import List for use in the aquarium trade. At the time of listing, the species was incorrectly placed under the taxonomic Class ‘Cartilaginous fishes (Chondrichthyes)’. The correct taxonomic Class for this species is ‘Bony fishes (Osteichthyes)’ and therefore the listing position of this species on the Live Import List needs to be changed to correct this.
Hermann’s Tortoise (Testudo hermanni) is currently listed on Part 2 of the Live Import List with the common name ‘Herman’s Tortoise’. The correct common name is ‘Hermann’s Tortoise’ and the Live Import List needs to be changed to correct this inaccuracy.
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).