Amendment - List of Specimens Taken to be Suitable for Live Import (07/11/2006)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the protection of the environment and biodiversity, particularly through the regulation of activities that may impact these areas. The EPBC Act provides a framework for the management of biological resources, including the regulation of the import of live specimens. In line with this, the Act mandates that live specimens can only be imported if they are listed as suitable for live import. The list is divided into two parts: Part 1 includes species exempt from the need for an import permit, while Part 2 includes species that can be imported with a permit. This legislative instrument, issued under the authority of the Minister for the Environment and Heritage, amends the list of specimens suitable for live import to include Carvalhotingis visenda, a leaf-sucking lace bug, in Part 1. This amendment, initiated by an application from the Queensland Department of Natural Resources, Mines and Water, aims to facilitate the import of C. visenda for biological control of the invasive species Cat’s claw creeper (Macfadyena unguis-cati). The decision to amend the list was informed by an assessment report and public consultation, which found minimal risk to the Australian environment from the introduction of this species.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the importation of live specimens in Australia, stipulating that such imports are only permissible if the species in question is listed as suitable for live import. The Act establishes two parts for this list: Part 1 includes species exempt from the need for an import permit, while Part 2 lists species that require a permit for importation. This legislative instrument amends the list to include Carvalhotingis visenda, a leaf-sucking lace bug, in Part 1, thereby permitting the importation of live specimens of this species without the need for a permit. This amendment is made in response to an application from the Queensland Department of Natural Resources, Mines and Water, which sought the inclusion of C. visenda for biological control purposes against Cat’s claw creeper. The amendment process involved an assessment report, public consultation, and consultation with other relevant ministers. The Minister determined that the addition of C. visenda to the list poses minimal risk to the Australian environment. The legislative instrument is subject to the Legislative Instruments Act 2003 and will come into effect on the day it is no longer liable to be disallowed.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) has a specific provision (s.303EB) that mandates a list of specimens suitable for live import, which is divided into two parts. Part 1 lists species exempt from requiring an import permit under the EPBC Act, while Part 2 lists species that can be imported with a permit. Under this particular legislative instrument (F2006L03717), Carvalhotingis visenda, a leaf-sucking lace bug, has been added to Part 1 of the list of specimens suitable for live import. This amendment allows for the import of live specimens of C. visenda into Australia, specifically for the biological control of Cat’s claw creeper (Macfadyena unguis-cati). The amendment to the list of specimens suitable for live import can either be initiated by the Minister or by an application (s.303EE). In this case, the Queensland Department of Natural Resources, Mines and Water submitted an application under s.303EE of the EPBC Act. The Minister’s decision to include C. visenda in the list was based on an assessment report prepared in accordance with s.303EF of the EPBC Act. This report was published on the Department of the Environment and Heritage website, inviting public comments (s.303EF). No public comments were received, and the report was also shared with other relevant ministers, who were consulted in accordance with paragraph 303EC(3) of the EPBC Act. Eight out of nine comments supported the proposed amendment or had no objections, while one did not support the proposal. The Minister concluded that listing this species poses little risk to the Australian environment. Under the EPBC Act, failure to comply with the requirements for importing live specimens could lead to various legal consequences. Specifically, importing a specimen not listed on the approved list of specimens suitable for live import could result in civil or criminal penalties. The exact nature and severity of these penalties would depend on the circumstances of the breach, but could include fines and imprisonment. It is important to note that the legislation is designed to protect the Australian environment and prevent the introduction of species that could cause harm. This legislative instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003 and will take effect on the first day it is no longer liable to be disallowed. The inclusion of C. visenda in the list of specimens suitable for live import under the EPBC Act ensures that the importation of this species for biological control purposes is legally permissible and subject to appropriate oversight.