EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Instrument under section 303EC(1)(b)
(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 delete Cydia succedana (Gorse Pod Tortricid Moth) from Part 1 of the live import list. This species was included on the live import list at commencement as it had been approved for release for the biological control of Gorse (Ulex europaeus). Prior to its release, new evidence showed that the species may impact on species other than gorse. As a result, the Department of Agriculture has recommended that this species not be released. As it cannot be released it is therefore not appropriate for this species to be included on the List of Specimens taken to be Suitable for Live Import.
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 the Minister upon receipt of a report from the Department of Agriculture.
In determining whether to amend the live import list to delete Cydia succedana, the Minister considered a report on the potential impacts on the environment, in accordance with s.303ED(3) of the Environment Protection and Biodiversity Conservation Act 1999. The report was prepared by the Department of Agriculture, and assessed the risks as being too high to meet the appropriate level of protection. Accordingly they recommended that Cydia succedana should not be released. The report identified significant off-target effects and potential consequences that could be associated with the release of this species. The findings were supported by the Department of the Environment. Deleting this species from the list will prohibit the import of live specimens of Cydia succedana.
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 primary industry agencies, the CSIRO and other interested stakeholders in addition to publishing the report on its website. Six responses were received; all supporting the recommendation of the report. No further consultation was done by the Minister for the Environment as it was considered that there were no other appropriate ministers or persons that should be consulted.
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 delete Cydia succedana from Part 1 of the list. The amendment will prohibit the import of live specimens of Cydia succedana into Australia.
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