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.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) aims to protect and conserve Australia's environment, including its biodiversity. This Act was enacted by the Parliament of Australia and is administered by the Department of Agriculture, Water and the Environment. To facilitate the controlled import of live specimens, the EPBC Act requires such specimens to be included on a specific list of suitable candidates for live import. This legislative framework addresses the need to regulate the importation of live organisms to prevent ecological harm. The Act was amended to include Agonopterix ulicetella, commonly known as the Gorse soft shoot moth, on the list of specimens suitable for live import. This amendment was made to allow the import and release of this species into the Australian environment for the biological control of Ulex europaeus, or Gorse, which is a recognised invasive species. The amendment was initiated by an application from the Tasmanian Institute of Agricultural Research and was made in accordance with the provisions of the EPBC Act. The Minister for the Environment and Heritage considered the outcomes of an assessment report and, after seeking and receiving no negative comments, approved the amendment.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is a Commonwealth Act that applies to a broad range of activities and entities that may impact on matters of national environmental significance. Specifically, this legislative instrument amends the List of Specimens Taken to be Suitable for Live Import, which is part of the EPBC Act and regulates the importation of live specimens into Australia. The amendment adds Agonopterix ulicetella, commonly known as the Gorse soft shoot moth, to Part 1 of the list. This addition permits the import and release of the species into the Australian environment for the biological control of Ulex europaeus, commonly known as Gorse. The amendment is applicable nationally, as the EPBC Act operates across the Commonwealth of Australia, and it is made in accordance with the Act, with relevant State and Territory Ministers consulted as required. There are no stated exclusions or thresholds for this specific amendment, and the instrument will take effect from the date it is no longer subject to disallowance.
Key Provisions
The primary operative sections of this legislation are sections 303EB, 303EE, and 303EF of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303EB establishes the list of specimens suitable for live import, which is divided into two parts: Part 1 includes species exempt from requiring an import permit, while Part 2 lists species that can be imported with a permit. Section 303EE allows for the initiation of amendments to this list either by the Minister or through an application. Section 303EF mandates that an assessment report be prepared and published, with opportunities for public comment, before any changes are made to the list.
This Act imposes specific obligations on parties seeking to amend the list of specimens suitable for live import. It requires that any application to add a species to the list be accompanied by a comprehensive assessment report (s.303EF). This report must be published on the Department of Environment and Heritage website, and public comments must be solicited. The Minister is then required to consider these comments, as well as any feedback from other relevant state, territory, and federal ministers (s.303EC(3)). If the Minister decides to proceed with the amendment, the species in question will be added to Part 1 or Part 2 of the list, as appropriate.
Breaches of the provisions outlined in the EPBC Act can lead to a range of civil and criminal consequences. However, the specific instrument in question focuses on the administrative process for amending the list of specimens suitable for live import. Therefore, the primary consequence for non-compliance would be the inability to legally import the specified species without the requisite permit. The maximum penalties for breaches of the EPBC Act generally include fines and imprisonment. For example, under section 528 of the EPBC Act, individuals found guilty of contravening the Act may face fines of up to $330,000 and/or imprisonment for up to five years. For corporations, the fines can be significantly higher, up to $1.65 million. These penalties underscore the seriousness of non-compliance with environmental protection laws in Australia.