Amendment - List of Specimens taken to be Suitable for Live Import (04/08/2009)

Administered by Department of the Environment and Energy

Legislation au F2009L03132 Not in force Legislative Instrument

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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, 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 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 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 Diaeretus essigellae (a Parasitoid Wasp) 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 these species without any conditions for the purposes of release as a biological control agent for Essigella californica (Monterey Pine Aphid).

 

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 made to the Minister under s.303EE of the EPBC Act.

 

In determining whether to amend the list of specimens suitable for live import to include D. essigellae, the Minister considered the outcomes of the final environment assessment report prepared in accordance with s.303EF of the EPBC Act. 

 

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. One submission was received recommending that the applicant test native wasps as a biological control agent and expressed concerns that the species may not be host specific. It is the Department’s view that the applicant has undertaken the necessary research after advice was received from the CSIRO and Biosecurity Australia.  The Australia Quarantine and Inspection Service, based on recommendations provided by BA, have approved D. essigellae for release into the Australian environment for biological control purposes.

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. Nine comments were received, all of which supported the proposal or had no objection.

The Minister considered that listing this species without conditions 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.

 

 

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.