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 taken to be suitable for live import (live import list).
The live import list was established in accordance with s.303EB of the EPBC Act and has two Parts. Part 1 comprises species exempt from the requirement for an import permit under the EPBC Act. Part 2 comprises species that require an import permit under the EPBC Act.
The effect of this instrument is to add ten insect species to Part 2 of the list of specimens suitable for live import. The species are: Ambia sp. nov. 3404QA (lygodium stem borer), Bagous affaber, Bagous chinensis, Bagous indistinctus, Bagous vicinus, Bagous n. sp. nov. 3409QA (hydrilla stem-boring weevils), Carea varipes (rhodomyrtus leaf borer), Idiophantis sp. nov. 4031QA (rhodomyrtus fruit borer), Lygomusotima stria (lygodium leaf defoliator), and Sternuchopsis reticulatus (rhodomyrtus shoot borer). Including these species in the list will allow the import of live specimens of these species under the specified conditions (Research only. High security facilities only). Specimens will be housed under strict quarantine conditions and will never be released into the Australian environment.
Amendments to the live import list 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 live import list to include these ten species, the Minister considered the outcomes of assessment reports on the potential impacts on the environment, prepared in accordance with s.303EF of the EPBC Act.
In accordance with s.303EC(3), appropriate state, territory and Australian Government ministers were consulted. In this case, the Department of Sustainability, Environment, Water, Population and Communities consulted with all relevant state and territory ministers for the environment, conservation and agriculture. All respondents supported the proposal or had no objection provided the listing included conditions to limit import purposes and specify security of holding facilities.
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. One comment was received which raised a number of concerns, particularly in relation to import of undescribed species and the risks versus benefits of the proposed imports. The conditions that apply to the listing are considered to mitigate the risks of importing these species, even in the absence of detailed information on some aspects of their biology.
Although the Minister is not required to consider risks versus benefits in making a decision, it is noteworthy that there are significant benefits derived from the collaboration between the CSIRO and United States Department of Agriculture. The CSIRO has advised that the United States Department of Agriculture partners also undertake, within their respective countries, preliminary screening of biological control agents indigenous to their region for use on major weeds and pests in Australia. This has logistical and economic advantages for Australia. It is understood that funding provided by the United States Department of Agriculture through this collaboration is beneficial for the ongoing development of expertise and facilities that support Australian biological control research.
The Minister considered that listing these species with strict conditions poses minimal risk to the Australian environment.
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 of the Legislative Instruments Act 2003. This amendment will take effect on the day after registration on the Federal Register of Legislative Instruments.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address the need for comprehensive environmental protection and biodiversity conservation in Australia. The Act provides a framework for the protection of the environment, particularly in relation to matters of national environmental significance. This legislation is administered by the Australian Government and aims to ensure that the natural environment is preserved for future generations while allowing for sustainable development. Under the EPBC Act, a live specimen can only be imported if it is included on the live import list, which has two parts: species exempt from import permits and species requiring import permits. This legislative instrument, issued under the authority of the Minister for Sustainability, Environment, Water, Population and Communities, amends the live import list by adding ten insect species to Part 2, requiring an import permit and specific conditions for their import, such as housing in high-security facilities for research purposes only. The decision to include these species was made following an application and consultation with relevant state and territory ministers, with the assessment of environmental impacts and public comments considered in the process.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the import of live specimens into Australia, with certain species permitted only if they are listed as suitable for import. This legislative instrument amends the live import list by adding ten insect species to Part 2, which requires an import permit under the EPBC Act. These additions include various weevils and borers, and the amendment allows for their import only for research purposes and under strict high-security conditions, ensuring they are not released into the Australian environment. The decision to amend the list was made by the Minister for Sustainability, Environment, Water, Population and Communities, who considered assessment reports on the environmental impact and consulted with relevant state and territory ministers. Public comments were sought and considered, and the listing includes conditions to mitigate potential risks. The benefits of this amendment include collaboration with the United States Department of Agriculture, which aids in the development of biological control research in Australia.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) includes specific provisions that regulate the importation of live specimens. Section 303EB of the EPBC Act establishes a list of specimens suitable for live import, which is divided into two parts. Part 1 lists species that are exempt from the requirement for an import permit, while Part 2 lists species that require an import permit. The instrument in question, F2012L01159, amends this list by adding ten insect species to Part 2, which necessitates the obtaining of an import permit for these species. The insect species added are Ambia sp. nov. 3404QA, Bagous affaber, Bagous chinensis, Bagous indistinctus, Bagous vicinus, Bagous n. sp. nov. 3409QA, Carea varipes, Idiophantis sp. nov. 4031QA, Lygomusotima stria, and Sternuchopsis reticulatus. This amendment means that importing live specimens of these species is now subject to stringent conditions, including housing them in high-security facilities and ensuring they are never released into the Australian environment, with the primary purpose being for research only.
Under the EPBC Act, entities and individuals wishing to import these specified insect species must adhere to strict conditions as outlined in the amended live import list. This includes obtaining the necessary import permits and ensuring that the specimens are kept in high-security facilities. The conditions are designed to mitigate any potential risks to the Australian environment. The Act requires that any entity or individual importing these species must comply with all stipulated conditions to avoid legal repercussions. Moreover, the Minister for Sustainability, Environment, Water, Population and Communities, in consultation with relevant state and territory ministers, ensured that these conditions were robust enough to manage any potential risks associated with the importation of these species.
Breaches of the conditions specified in the amended live import list can result in various legal consequences. The EPBC Act includes provisions for both civil and criminal penalties for non-compliance. While the specific penalties are not detailed in the instrument, generally, under the EPBC Act, offences can attract substantial fines and, in severe cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, but they are intended to enforce compliance with environmental protection laws and ensure the safety of the Australian environment from potential invasive species. Public comments and consultations, as evidenced by the one comment received and addressed, play a crucial role in shaping the conditions and ensuring they are as effective as possible in protecting the environment.