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 and Heritage)
Under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), in general terms, 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 need 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 Agonopterix ulicetella. (Gorse soft shoot moth), to Part 1 of the list of specimens suitable for live import.
Including this species in the list will allow its import and release into the Australian environment for use in the biological control of Ulex europaeus (Gorse).
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 from the Tasmanian Institute of Agricultural Research, under s.303EE of the EPBC Act.
In determining whether to amend the list of specimens suitable for live import to include A. ulicetella, the Minister considered the outcomes of an assessment report prepared in accordance with s.303EF of the EPBC Act. Copies of the assessment report are available at the following website:
http://www.deh.gov.au/biodiversity/trade-use/invitecomment/a-ulicetella.html
In accordance with s.303EF of the EPBC Act, the assessment report was published on the Department of Environment and Heritage website and comments sought. No negative comments were received.
In accordance with paragraph 303EC(3) other appropriate State, Territory and Australian Government Ministers, were consulted. In this case, the Department of the Environment and Heritage consulted with all State and Territory Ministers for the Environment and the Australian Minister for Agriculture, Fisheries and Forestry. No negative comments were received.
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.