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.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was amended in 2009 to address a gap in the list of specimens suitable for live import. The amendment, issued under the authority of the Minister for the Environment, Heritage and the Arts, involved adding Diaeretus essigellae, a Parasitoid Wasp, to Part 1 of the list, which includes species exempt from the requirement for an import permit. This change was intended to facilitate the import of live specimens of Diaeretus essigellae for use as a biological control agent against Essigella californica, the Monterey Pine Aphid. The amendment was made following an application under section 303EE of the EPBC Act, and the decision to include the species on the list was based on the outcomes of a final environment assessment report prepared in accordance with section 303EF. The amendment also involved consultations with relevant state, territory, and Australian Government ministers, all of whom supported the proposal or had no objections. The policy objective was to ensure that the introduction of Diaeretus essigellae poses minimal risk to the Australian environment.
Scope and Application
The amendment to the List of Specimens Taken to be Suitable for Live Import under the Environment Protection and Biodiversity Conservation Act 1999 pertains to the inclusion of Diaeretus essigellae, a Parasitoid Wasp, in Part 1 of the list. This inclusion allows the live import of this species without the need for an import permit for the purpose of its use as a biological control agent against Essigella californica, the Monterey Pine Aphid. The Act applies to any individual or entity seeking to import live specimens of Diaeretus essigellae into Australia, primarily for biological control purposes. The geographic reach of this legislation is national, as the EPBC Act operates across the Commonwealth of Australia, including states, territories, and Australian external territories. The amendment does not explicitly state exclusions, but the necessity for an import permit is waived only for the specified species and purpose. The application of this Act extends through subordinate instruments, which include the final environment assessment report and public consultation process as stipulated by the EPBC Act. This legislative instrument becomes effective on the date it is no longer subject to disallowance.
Key Provisions
The primary sections of the legislative instrument, F2009L03132, amend the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) by adding Diaeretus essigellae, a Parasitoid Wasp, to Part 1 of the List of Specimens Taken to be Suitable for Live Import under section 303EB. This addition permits the import of live specimens of Diaeretus essigellae without the need for an import permit, specifically for the purpose of releasing them as a biological control agent for Essigella californica, the Monterey Pine Aphid. The amendment to the list was initiated by an application under section 303EE of the EPBC Act and was made in consideration of the final environmental assessment report prepared under section 303EF. The report was published on the Department of the Environment, Water, Heritage and the Arts website, inviting public comments, though only one submission was received with a recommendation and concerns regarding host specificity.
The obligations imposed by this amendment on the parties or entities it governs primarily revolve around compliance with the EPBC Act and the new stipulations regarding the import of Diaeretus essigellae. The applicants and entities involved in the importation process must ensure that the importation of this species adheres to the conditions set out in Part 1 of the List of Specimens Suitable for Live Import. This includes ensuring that the importation is for the specific purpose of releasing the species as a biological control agent. Furthermore, the entities must also comply with any additional conditions or requirements specified by the Australia Quarantine and Inspection Service (AQIS) and other relevant authorities, based on recommendations from the Commonwealth Scientific and Industrial Research Organisation (CSIRO) and Biosecurity Australia. These obligations are designed to mitigate any potential risks to the Australian environment while facilitating the use of Diaeretus essigellae as a biological control agent.
The legislative instrument does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches of the amended provisions. However, breaches of the EPBC Act, in general, can result in significant penalties. Under section 504 of the EPBC Act, a person who contravenes the Act can be subject to a civil penalty of up to $666,666 for a corporation or $133,333 for an individual, or both, depending on the severity of the breach. Additionally, criminal penalties may apply for more serious breaches, including fines of up to $66,000 for individuals and $330,000 for corporations, as outlined in section 514 of the EPBC Act. These penalties underscore the importance of compliance with the amended provisions to avoid potential legal repercussions.