EXPLANATORY STATEMENT

Environment Protection and Biodiversity Conservation Act 1999

Instrument under section 303EC(1)(a)

(Issued under the Authority of the Minister for the Environment)

Under the Environment Protection and Biodiversity Conservation Act 1999, 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 s.303EB of the Environment Protection and Biodiversity Conservation Act 1999 and has two Parts. Part 1 comprises species exempt from the requirement for an import permit under the Act. Part 2 comprises species that require an import permit under the Act. 

The effect of this instrument is to add Eueupithecia sp. 3445QA (a geometrid moth) to Part 1 of the live import list.  The species has not yet been formally described, so it has been referred to by a unique collection reference number. The listing will be updated to include the species name when it has been described. Including this species in the list will allow the import of live specimens. The purpose of importing this species into Australia is for biological control of Parkinsonia (Parkinsonia aculeata), a weed of national significance. The Department of Agriculture has recommended the release of this species.

Amendments to the live import list can be made either on the initiative of the Minister or by application. This list amendment was initiated by an application.

In determining whether to amend the live import list to include Eueupithecia sp.3445QA, the Minister considered a report on the potential impacts on the environment, in accordance with s.303EE(4) of the Environment Protection and Biodiversity Conservation Act 1999. The report was prepared by the Department of Agriculture, and assessed the risks as negligible and proposed that Eueupithecia sp.3445QA should be released, subject to standard quarantine conditions. The report identified no significant off-target effects or potential consequences that would be associated with the release of this species. The findings were supported by the Department of the Environment. 

In accordance with paragraph 303EC(3) of the Environment Protection and Biodiversity Conservation Act 1999, appropriate state, territory and Australian Government ministers were consulted. In this case, the Department of Agriculture consulted with all state and territory ministers for the environment, conservation and agriculture, or delegated agencies, and other relevant stakeholders. They were advised that the report may be used by the Minister for the Environment in making a determination to include the item on the live import list. Three responses were received; all supporting the proposal.

The Minister considered that listing this species under Part 1 of the live import list poses little risk to the Australian environment and has the potential to control a serious pest.

This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003. It will take effect on the day after registration on the Federal Register of Legislative Instruments.

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Environment Protection and Biodiversity Conservation Act 1999

Amendment - List of Specimens taken to be Suitable for Live Import – s.303EB

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

The purpose of this instrument is to amend the List of Specimens Taken to be Suitable for Live Import to include Eueupithecia sp.3445QA on Part 1 of the list. The amendment will allow import of live specimens of Eueupithecia sp.3445QA for release into the Australian environment for the biological control of Parkinsonia, a weed of national significance.

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

Greg Hunt

Minister for the Environment