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 Environment Protection, Heritage and the Arts)
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 list was established in accordance with s.303EB 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.
The effect of this instrument is to add Bubas bubalus and Onthophagus vacca (Scarabaeine Dung Beetles) to
Part 1 of the live import list, for release into the Australian environment to enhance cattle dung burial and in doing so limit the reproduction of the associated Musca vetustissima (Australian Bush Fly).
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 made to the Minister under s.303EE of the EPBC Act.
In determining whether to amend the live import list to include B. bubalus and O. vacca the Minister considered the outcomes of assessment reports on the potential impacts on the environment, prepared in accordance with s.303EF of the EPBC Act.
In accordance with paragraph 303EC(3), other appropriate state, territory and Australian Government ministers were consulted. In this case, the Department of the Environment, Water, Heritage and the Arts consulted with all relevant state and territory ministers for the environment, conservation and agriculture, and the Australian Government Department of Agriculture, Fisheries and Forestry. All respondents supported the proposal or had no objection.
In accordance with s.303EF of the EPBC Act, the assessment report was published on the Department of the Environment Water, Heritage and the Arts’ website and public comments sought. Two comments from the public, who also supported the proposal, were received.
The Minister considered that listing this species, poses negligible risk to the Australian environment.
This instrument is a legislative instrument for the purposes of 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) was enacted to provide for the protection of the Australian environment, particularly in relation to matters of national environmental significance. This Act, as amended by the instrument F2010L01574, addresses a specific environmental issue concerning the importation of live specimens. The amendment to the list of specimens suitable for live import under the EPBC Act aims to include Bubas bubalus and Onthophagus vacca (Scarabaeine Dung Beetles) for their potential benefits in enhancing cattle dung burial and consequently limiting the reproduction of the Australian Bush Fly, Musca vetustissima. The inclusion of these beetles in the live import list was initiated by an application and involved consultations with relevant state and territory ministers and public feedback, all of which supported the proposal. The policy objective of this amendment is to mitigate environmental impacts through the introduction of these beetles, which poses negligible risk to the Australian environment.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment to the List of Specimens Taken to be Suitable for Live Import under the EPBC Act adds Bubas bubalus and Onthophagus vacca (Scarabaeine Dung Beetles) to Part 1 of the live import list, allowing their importation without the need for an import permit. This addition is intended to facilitate their release into the Australian environment to improve cattle dung burial and subsequently reduce the reproduction of the Musca vetustissima, commonly known as the Australian Bush Fly. The amendment applies to any persons or entities wishing to import these specific species into Australia for the stated ecological purposes. The jurisdictional reach of this amendment is national, as it pertains to the Commonwealth of Australia. The amendment is subject to the provisions of the EPBC Act and the decision to include these species on the list was made in consultation with relevant state and territory ministers for the environment, conservation, and agriculture, as well as the Australian Government Department of Agriculture, Fisheries and Forestry. Public comments were also sought and considered, with all respondents supporting the proposal. The instrument is a legislative instrument under the Legislative Instruments Act 2003 and will take effect from the first day it is no longer liable to be disallowed.
Key Provisions
The main sections of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) that are relevant to this amendment include sections 303EB, 303EC, 303EE, and 303EF. Section 303EB establishes the list of specimens suitable for live import, divided into two parts. Part 1 includes species exempt from import permits, while Part 2 includes those requiring an import permit. Section 303EC specifies the process for amending this list, including the requirement for the Minister to consider the environmental impact and consult with relevant stakeholders. Section 303EE allows for applications to be made to the Minister for changes to the list, while section 303EF mandates that an assessment report on the potential environmental impacts must be prepared and published, with public consultation facilitated.
The obligations and requirements imposed by this Act on the parties or entities it governs include the necessity for any party wishing to import live specimens to ensure that the species in question are listed on the live import list. The Minister for Environment Protection, Heritage and the Arts has the authority to amend this list, which must be done in consultation with other relevant ministers and after consideration of the environmental impact assessments. Any party applying to have a species listed must do so under section 303EE, and the Minister must publish the assessment report and invite public comments before making a decision. This ensures that the introduction of any non-native species into the Australian environment is carefully considered and minimises potential environmental risks.
Breaches of the requirements set out in the EPBC Act can result in various civil or criminal consequences, depending on the nature and severity of the infringement. For example, unauthorised importation of live specimens not listed on the live import list could lead to fines and penalties under the EPBC Act. The maximum penalties for contravening the EPBC Act can be substantial, with fines potentially reaching up to AUD 66,000 for individuals and AUD 330,000 for corporations, in addition to potential imprisonment terms. These penalties underscore the importance of adhering to the regulations designed to protect the Australian environment from potential ecological disruptions.