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).
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) serves to safeguard Australia's biodiversity and environment through various regulations and measures. One such measure involves the 'List of Specimens Taken to be Suitable for Live Import', which governs the import of live specimens. This legislative instrument, issued under the authority of the Minister for the Environment, aims to correct inaccuracies in the listing of certain species on this list. Specifically, the instrument rectifies the taxonomic classification of the Electric Yellow Cichlid, moving it from the incorrect class of ‘Cartilaginous fishes’ to the accurate class of ‘Bony fishes’. Additionally, it corrects the common name of Hermann’s Tortoise from ‘Herman’s Tortoise’ to the correct form ‘Hermann’s Tortoise’. This amendment ensures that the Live Import List accurately reflects the scientific classifications and common names of the listed species, thereby supporting the EPBC Act's objective of effectively managing and conserving biodiversity.
Scope and Application
The 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 applies to the regulation of live specimens that are subject to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, it pertains to the amendments required to the ‘List of Specimens taken to be Suitable for Live Import’ (Live Import List) under the EPBC Act. This instrument addresses taxonomic corrections and common name adjustments for two species: the Electric Yellow Cichlid (Labidochromis caeruleus) and Hermann’s Tortoise (Testudo hermanni). The Electric Yellow Cichlid, previously listed incorrectly under the taxonomic Class ‘Cartilaginous fishes (Chondrichthyes)’, is corrected to ‘Bony fishes (Osteichthyes)’ in Part 1 of the Live Import List, making it exempt from the requirement for an import permit. Meanwhile, the common name of Hermann’s Tortoise is updated from ‘Herman’s Tortoise’ to ‘Hermann’s Tortoise’ in Part 2 of the list, where it remains subject to an import permit under the EPBC Act. The instrument is a legislative instrument under the Legislation Act 2003, effective from the day after its registration.
Key Provisions
The main operative sections of this legislation, as referenced in the Explanatory Statement, concern the correction of taxonomic and common name inaccuracies for two species listed under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303EC(1)(b) of the EPBC Act facilitates the amendment of the 'List of Specimens Taken to be Suitable for Live Import' (Live Import List). This amendment corrects the taxonomic classification of the Electric Yellow Cichlid (Labidiochromis caerulius) from 'Cartilaginous fishes (Chondrichthyes)' to 'Bony fishes (Osteichthyes)' and updates the common name of Hermann's Tortoise from 'Herman’s Tortoise' to 'Hermann’s Tortoise'. These changes are intended to ensure the accuracy of the listing, thereby aligning with the correct scientific and common names for these species.
The obligations and requirements imposed by this legislation primarily concern the accurate classification and naming of species on the Live Import List. Under the EPBC Act, entities involved in the importation of live specimens must ensure that the species they import are correctly listed on the Live Import List. This includes adhering to the correct taxonomic classifications and common names as stipulated by the Act. The listing ensures that only species deemed suitable for live import are permitted, thereby protecting biodiversity and preventing the introduction of potentially harmful species into the Australian environment.
The legislation also outlines the consequences for non-compliance with the correct listing requirements. While the Explanatory Statement does not detail specific offences or penalties, breaches of the EPBC Act generally can result in civil or criminal penalties. Under the EPBC Act, unauthorised importation of live specimens can lead to civil penalties, including fines of up to $1.1 million for corporations and $220,000 for individuals. Criminal penalties may also apply, with individuals facing imprisonment for up to five years and corporations for up to seven years. These stringent measures are designed to enforce compliance and protect Australia's biodiversity.