EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Amendment to the List of Specimens Taken to be Suitable for Live Import
in accordance with paragraph 303EC (1) (a)
(Issued under Authority of the Minister for the Environment and Water Resources)
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 suitable for live import.
The list was established in accordance with s.303EB of the EPBC Act and has two Parts.
Part 1 comprises species exempt from the need for an import permit under the EPBC Act. Part 2 comprises species that can be imported with a permit under the EPBC Act.
The effect of this instrument is to add Ophiomyia camarae (a leaf-mining fly), to Part 1 of the list of specimens suitable for live import. Including this species in the list will allow the import of live specimens of O. camarae. The purpose of importing this species into Australia is for biological control of lantana (Lantana camara).
Amendments to the list of specimens suitable for live import can be made either on the initiative of the Minister or by application. This list amendment was initiated by an application from the Queensland Department of Natural Resources and Water under s.303EE of the EPBC Act.
In determining whether to amend the list of specimens suitable for live import to include O. camarae, the Minister considered the outcomes of an assessment report prepared in accordance with s.303EF of the EPBC Act. Copies of the assessment report are available at the following website: http://www.environment.gov.au/biodiversity/trade-use/invitecomment/ophiomyia-camarae.html
In accordance with s.303EF of the EPBC Act, the assessment report was published on the Department of the Environment and Water Resources website and public comments sought. No comments were received.
In accordance with paragraph 303EC(3) other appropriate state, territory and Australian Government ministers were consulted. In this case, the Department of the Environment and Water Resources consulted with all state and territory ministers for the environment and the Australian Minister for Agriculture, Fisheries and Forestry. Of the seven comments received, all supported the proposed amendment or had no objection.
The Minister considered that listing this species poses little risk to the Australian environment.
This instrument is a legislative instrument for the purposes or the Legislative Instruments Act 2003.
The instrument will take effect on the first day on which it is no longer liable to be disallowed.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) serves as a foundational piece of legislation aimed at protecting Australia's environment and biodiversity. One of the key mechanisms under this Act is the regulation of the import of live specimens, which can only occur if the species in question is included on a specified list. This legislative instrument, F2007L01434, was enacted to amend the list of specimens suitable for live import under the EPBC Act, addressing a specific gap in the regulatory framework by adding Ophiomyia camarae, a leaf-mining fly, to Part 1 of the list. This addition permits the importation of live specimens of O. camarae for the purpose of biological control of the invasive plant species lantana (Lantana camara). The amendment was initiated by an application from the Queensland Department of Natural Resources and Water, and the decision to amend the list was informed by an assessment report which concluded that the introduction of this species posed minimal risk to Australia's environment.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment, concerning the list of specimens suitable for live import, applies to any entity or individual intending to import live specimens of Ophiomyia camarae into Australia. This amendment was initiated by an application from the Queensland Department of Natural Resources and Water, which sought to include this leaf-mining fly in the list of species exempt from requiring an import permit under the EPBC Act. This change was made to facilitate the biological control of the invasive species Lantana camara in Australia. The amendment adds Ophiomyia camarae to Part 1 of the list, which includes species that can be imported without a permit. The decision to amend the list was based on an assessment report, which was made publicly available and received no objections from the public or relevant ministers, indicating minimal risk to the Australian environment. The amendment is a legislative instrument under the Legislative Instruments Act 2003 and will become effective on the first day it is no longer subject to disallowance.
Key Provisions
The main operative sections of this legislative instrument concern the amendment of the list of specimens suitable for live import under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (s.303EB). The instrument adds Ophiomyia camarae, a leaf-mining fly, to Part 1 of this list, which includes species exempt from the need for an import permit under the EPBC Act (s.303EC(1)(a)). The decision to amend the list was initiated by an application from the Queensland Department of Natural Resources and Water under section 303EE of the EPBC Act. The Minister's determination to include O. camarae in the list was based on an assessment report prepared in accordance with section 303EF of the EPBC Act, which was published on the Department of the Environment and Water Resources website, inviting public comments. The instrument also details the consultation process with other relevant state, territory, and Australian government ministers (s.303EC(3)), all of whom supported the proposed amendment or had no objection.
The obligations and requirements imposed by this Act primarily concern the import of live specimens of O. camarae into Australia. Importers must ensure that the species is included on the list of specimens suitable for live import, which now includes O. camarae in Part 1, exempt from the need for an import permit. The Act also requires that any import of this species be undertaken with consideration to its purpose, which in this case is for biological control of lantana (Lantana camara). Furthermore, the Act mandates that any amendments to the list of suitable specimens for live import are subject to an assessment report and consultation with relevant state, territory, and Australian government ministers. This ensures that any environmental risks are adequately assessed and mitigated.
Breach of the provisions of the EPBC Act can lead to various offences, penalties, or civil/criminal consequences. While the specific penalties are not detailed in the explanatory statement, breaches of environmental protection legislation generally carry substantial penalties under Australian law. The maximum penalties can include significant fines for individuals and corporations, and in some cases, imprisonment for serious or repeated offences. The Act may also provide for civil remedies, including injunctions and compensation orders, to address environmental harm caused by non-compliance. The seriousness of the penalties reflects the importance of protecting Australia's biodiversity and environment from potential risks associated with the import of live specimens.