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), a live specimen is allowed to be imported only if it is included on the list of specimens suitable for live import (live import list).
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.
Due to an error that occurred when the then Minister, by instrument published in the Gazette, established a list of specimens that are taken to be suitable for live import, this species was not included on Part 2 of the list. This species was permitted for entry and release under the previous legislation, the Wildlife Protection (Regulation of Exports and Imports) Act 1982, and for this reason it should also appear on Part 2 of the live import list established under the EPBC Act. The conditions to be attached to this import are that only the Vienna strain can be imported, and that only sterile males are to be released from Quarantine Approved Premises.
The Vienna strain of Certatitis capitata (Mediterranean fruit fly (Medfly)) is used in sterile insect release. High temperatures are lethal to the females of the strain, and under controlled rearing conditions the females are eliminated, leaving only the males to be sterilised. The sterile males are then released in to regions where an outbreak of C. capitata occurs to reduce the population. The sterile males are then released in regions in Western Australia and South Australia when an outbreak of C. capitata occurs to reduce the population.
In accordance with s. 303EC(1)(c) of the EPBC Act, the effect of this instrument is to correct an inaccuracy to Part 2 of the list by adding C. capitata (Vienna strain).
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The instrument commenced on the day after it was registered on the Federal Register of Legislative Instruments.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the Australian environment, particularly matters of national environmental significance. In this context, the Act also regulates the import and export of live specimens, ensuring they align with national conservation objectives. An amendment to the List of Specimens Taken to be Suitable for Live Import was introduced to rectify an oversight where the Vienna strain of the Mediterranean fruit fly (Medfly), specifically used in sterile insect release programs, was inadvertently omitted from the list. This correction was necessary to maintain the integrity of the live import list under the EPBC Act and to ensure that the species, which was previously permitted under the Wildlife Protection (Regulation of Exports and Imports) Act 1982, could continue to be imported under controlled conditions. The amendment was issued under the authority of the Minister for the Environment and Heritage, aiming to address the inaccuracy and uphold the intended regulatory framework for live imports.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the import of live specimens in Australia, and specifically, it mandates that any live specimen imported must be included on the list of specimens suitable for live import. This legislative amendment corrects an oversight where the Vienna strain of the Mediterranean fruit fly (Medfly) was inadvertently omitted from Part 2 of this list, despite its prior inclusion under the Wildlife Protection (Regulation of Exports and Imports) Act 1982. This strain is crucial for sterile insect release techniques, where only sterile males are released to reduce Medfly populations in targeted regions. The addition of the Vienna strain to the list ensures compliance with the EPBC Act while allowing for the continued use of this strain in biocontrol efforts. The amendment applies nationally, correcting the oversight to align with the current legislative framework and ensuring that only the Vienna strain and sterile males can be imported and released under specified conditions.
Key Provisions
The main operative sections of the amendment to the List of Specimens Taken to be Suitable for Live Import under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) are sections 303EC(1)(c) and 303EB. Section 303EC(1)(c) of the EPBC Act allows for the correction of inaccuracies in the live import list by adding or removing species, while section 303EB establishes the list itself. In this case, the amendment corrects an error by adding the Vienna strain of the Mediterranean fruit fly (Medfly) to Part 2 of the list, allowing for its import under specific conditions.
The amendment imposes certain obligations and requirements on the parties involved in the import of the Vienna strain of the Mediterranean fruit fly. The import of this strain is permitted only if it adheres to strict conditions: it must be the Vienna strain and only sterile males can be released from Quarantine Approved Premises. These conditions are in place to manage the potential ecological impacts of the import and to ensure that the sterile males are used effectively in population control efforts in regions where outbreaks of C. capitata occur.
Failure to comply with the conditions specified in the live import list can result in legal consequences. While the explanatory statement does not detail specific offences or penalties, breaches of the EPBC Act can generally lead to civil or criminal penalties. Civil penalties for breaches of the Act can include fines up to a substantial amount, depending on the nature and severity of the breach. Criminal penalties can include imprisonment, reflecting the seriousness with which the Act treats non-compliance. The exact penalties are determined by the courts, taking into account the specific circumstances of each case.
The amendment is a legislative instrument under the Legislative Instruments Act 2003, which means it has legal effect upon registration on the Federal Register of Legislative Instruments. The instrument took effect the day after its registration, ensuring that the corrected list is implemented promptly to allow for the necessary imports to occur under the specified conditions. This process ensures that the legal framework is updated to reflect accurate and necessary provisions for the protection and conservation of biodiversity in Australia.