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
Overview
The Environment Protection and Biodiversity Conservation Act 1999 was enacted by the Australian Parliament to provide for the protection of the environment, particularly with respect to matters of national environmental significance. This Act aims to address the problem of potentially harmful species being imported into Australia without adequate assessment of their ecological impact. The legislative instrument F2014L01070, issued under the authority of the Minister for the Environment, amends the List of Specimens Taken to be Suitable for Live Import by removing Cydia succedana from Part 1 of the list. This change was prompted by new evidence suggesting that the species could adversely affect non-target species, contrary to its intended use for biological control of Gorse. The amendment was made following a report from the Department of Agriculture, which identified high risks and significant off-target effects. The Minister for the Environment considered this report and consulted with relevant stakeholders before implementing the amendment. This legislative instrument is compatible with human rights, as it does not engage any of the rights or freedoms recognised in the international instruments listed under the Human Rights (Parliamentary Scrutiny) Act 2011.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 governs the importation of live specimens in Australia, specifying that only those listed on the List of Specimens Taken to be Suitable for Live Import are permitted. This list is divided into two parts: Part 1 includes species exempt from the need for an import permit, while Part 2 comprises species requiring such a permit. This legislative instrument pertains to the removal of Cydia succedana, also known as the Gorse Pod Tortricid Moth, from Part 1 of the live import list. This decision was made following a recommendation from the Department of Agriculture, supported by the Department of the Environment, due to new evidence suggesting that the species may adversely impact non-target species. As a result of this amendment, the import of live specimens of Cydia succedana is prohibited. The Minister for the Environment considered reports on environmental impacts and consulted with relevant state, territory, and Australian government ministers and agencies before making this decision, which is now reflected in the legislative instrument that will take effect post-registration on the Federal Register of Legislative Instruments.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) includes specific provisions that govern the import of live specimens. Section 303EC(1)(b) allows the Minister to establish a List of Specimens Taken to be Suitable for Live Import (live import list). This list has two parts: Part 1 contains species exempt from the requirement for an import permit, while Part 2 includes species that require an import permit. The legislative instrument under discussion removes Cydia succedana (Gorse Pod Tortricid Moth) from Part 1 of the live import list, thus prohibiting its import into Australia.
The obligations imposed by this legislative instrument are primarily on the entities wishing to import live specimens of Cydia succedana. As of the amendment, such imports are no longer permitted without an import permit, which would need to be obtained under the EPBC Act. This change aligns with the findings of the Department of Agriculture, which recommended against the release of this species due to potential environmental impacts. The Minister, having considered these findings and consulted with relevant stakeholders, has made the decision to remove Cydia succedana from the live import list.
In terms of consequences for breach, Section 303K of the EPBC Act provides for penalties associated with unauthorised actions concerning the import of listed species. Offences under this section can lead to civil penalties, including fines up to a substantial amount, as well as criminal penalties, which can include fines and imprisonment. Specifically, the maximum civil penalty for contravening the Act can reach up to $75,000 for individuals and $375,000 for corporations, with criminal penalties potentially including fines up to $1.1 million and imprisonment for up to five years for serious offences. These stringent measures ensure compliance with the Act's provisions concerning the import of live specimens.