EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Instrument under section 303EC(1)(a)
(Issued under the Authority of the Minister for Sustainability,
Environment, Water, Population and Communities)
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 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 Aceria lantanae (lantana bud mite) 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 A. lantanae. The purpose of importing this species into Australia is for biological control of lantana (Lantana camara). Biosecurity Australia has approved the release of this species.
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
A. lantanae, the Minister considered a report on the potential impacts on the environment, prepared in accordance with s.303EF of the EPBC Act.
The applicant’s report concluded that A. lantanae is likely to be an effective biological control agent for lantana and that it is very host-specific and unlikely to have any off-target impacts. The report provides an overview of the methods and findings of host specificity testing that was undertaken on thirty-five plant species in total. The testing (undertaken in South Africa) indicated that A. lantanae only caused damage to Lantana camara. The risk of this species having significant adverse impacts on the Australian environment is therefore considered to be extremely low. The Minister considered that listing this species poses a negligible risk to the Australian environment.
In accordance with paragraph 303EC(3) other appropriate state, territory and Australian Government ministers were consulted. In this case, the Department of Sustainability, Environment, Water, Population and Communities consulted with all state and territory ministers for the environment, conservation and agriculture, or delegated agencies, and the Australian Minister for Agriculture, Fisheries and Forestry in 2006 when the application was first made. At that time seven responses were received, six of which supported the proposal, while one requested additional testing. Upon receipt of further information, this respondent subsequently supported the proposal. Biosecurity Australia requested that additional testing be undertaken to assess potential non-target impacts on Australian native plants.
Following additional testing on select plants indigenous to Australia and two invasive Neotropical species that occur in Australia the applicant submitted a report on their findings. This additional report concluded that L. camera had no impact on the plants that were tested. Having considered this additional information, Biosecurity Australia advised the department that it supports the release of this species. In October 2011, the department again consulted all relevant state and territory ministers and departments. Eight responses were received, seven of which indicated their continued support for the proposal. The remaining one indicated that, although they have concerns, they will not be directly affected by the proposal so they recommended making a decision based on risks and benefits to jurisdictions directly affected.
In accordance with s.303EF of the EPBC Act, the assessment report was published on the Department of Sustainability, Environment, Water, Population and Communities’ website and public comments sought. No comments were received.
Statement of compatibility with human rights
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 (Cth). This Legislative Instrument does not engage any of the applicable rights or freedoms.
This instrument is a legislative instrument for the purposes or the Legislative Instruments Act 2003. The instrument will take effect on the date of publication in the Commonwealth of Australia Gazette.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. This Act addresses the need for a comprehensive framework to manage and conserve biodiversity, including the regulation of activities that may impact on the environment. One of the key provisions of the EPBC Act is the control over the importation of live specimens, which is intended to prevent the introduction of invasive species that could harm native ecosystems. Pursuant to section 303EC(1)(a) of the EPBC Act, the Minister for Sustainability, Environment, Water, Population and Communities issued an instrument to amend the list of specimens suitable for live import. This amendment adds Aceria lantanae (lantana bud mite) to Part 1 of the list, thereby permitting the import of this species for the purpose of biological control of the invasive plant species Lantana camara. The decision to include this species was based on a comprehensive assessment that concluded Aceria lantanae poses a negligible risk to the Australian environment and is highly host-specific. This amendment was made following extensive consultations with relevant state and territory ministers, as well as public consultation, to ensure the proposed action aligns with broader environmental and biosecurity objectives.
Scope and Application
The instrument under section 303EC(1)(a) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) concerns the amendment of the list of specimens suitable for live import to include Aceria lantanae (lantana bud mite) in Part 1 of the list. This inclusion allows for the importation of live specimens of A. lantanae into Australia for the purpose of biological control of the invasive species Lantana camara. The addition to the list was initiated by an application under section 303EE of the EPBC Act, following a comprehensive assessment by Biosecurity Australia, which concluded that A. lantanae poses a negligible risk to the Australian environment due to its host specificity and low likelihood of off-target impacts. The decision-making process involved consultations with relevant state and territory ministers and departments, all of whom supported the proposal with one reservation, which was later addressed through additional testing. Public comments were sought and none were received. The instrument aligns with the human rights and freedoms outlined in the Human Rights (Parliamentary Scrutiny) Act 2011 and will take effect upon publication in the Commonwealth of Australia Gazette.
Key Provisions
The legislative instrument under consideration pertains to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) and specifically involves the addition of Aceria lantanae, also known as the lantana bud mite, to Part 1 of the list of specimens suitable for live import (section 303EC(1)(a)). This addition facilitates the import of live specimens of Aceria lantanae into Australia, primarily for the purpose of biological control of lantana (Lantana camara). The decision to include this species on the list is grounded in the conclusion that it is a highly specific biological control agent for lantana and poses a negligible risk to the Australian environment.
The obligations imposed by this legislation on the relevant parties include ensuring that any import of Aceria lantanae adheres to the conditions set forth under the EPBC Act. Specifically, the Minister for Sustainability, Environment, Water, Population and Communities must consider the environmental impact report and consult with other relevant ministers and agencies, as outlined in section 303EC(3) of the Act. The applicant, who initiated the inclusion of Aceria lantanae in the list, is required to provide a comprehensive report detailing the host specificity and potential impacts of the species, which was subsequently reviewed by Biosecurity Australia. The Minister must also ensure that the assessment report is made publicly available and seek public comments, as mandated by section 303EF of the Act.
There are no explicit offences, penalties, or consequences stated in the legislative instrument for breaches of the provisions concerning the addition of Aceria lantanae to the list of specimens suitable for live import. However, any unauthorised import of live specimens that do not comply with the EPBC Act could potentially lead to enforcement actions under other sections of the Act. These may include fines, imprisonment, or other civil and criminal penalties as stipulated in relevant sections of the Act for unauthorised activities concerning the import of live specimens or actions that contravene environmental protection and biodiversity conservation laws.