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 Aceria sp. (Boneseed leaf buckle mite) (VAIC 46501), to Part 2 of the list of specimens suitable for live import.
Including this species in the list will allow the Minister or his delegate to issue permits for the import of live specimens of Aceria sp. (VAIC 46501). Adding Aceria sp. (VAIC 46501) to Part 2 will allow its import and release into the Australian environment for use in the biological control of Chrysanthemoides monilifera (Boneseed and Bitou bush).
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 Department of Primary Industries, Victoria, under s.303EE of the EPBC Act.
In determining whether to amend the list of specimens suitable for live import to include Aceria sp. (VAIC 46501), 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/publicnotices/archive/draft-report/boneseed-leaf-buckle-mite.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. Concern was raised in relation to the possibility of the mite being a carrier of viral diseases. Biosecurity Australia, the agency within the Australian Government Department of Agriculture, Fisheries and Forests responsible for developing policy relating to live imports into Australia, particularly in relation to disease, has assessed this risk and agreed to allow the release of Aceria sp. (VAIC 46501) into the Australian environment. All biocontrol agents released into the Australian environment must be at least first generation laboratory bred, thus isolated from possible parasitic contamination.
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 Instrument.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address environmental protection and biodiversity conservation in Australia. This Act was introduced by the Australian Parliament to provide a comprehensive framework for the protection of the environment and biodiversity, including the regulation of live imports. One of the mechanisms provided by the Act is the establishment of a list of specimens suitable for live import, which is intended to regulate which species can be imported into Australia. The Act allows for amendments to this list, either on the initiative of the Minister or by application, to ensure that only species that have been assessed and deemed suitable for import are allowed into the country. This legislative framework is essential for maintaining Australia's biodiversity and preventing the introduction of potentially harmful species.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the import of live specimens into Australia, requiring them to be included on a specific list unless exempt. This legislation applies to entities and individuals seeking to import live specimens, particularly in sectors involved in biological control and biosecurity. The Act’s jurisdiction spans the entire Commonwealth of Australia, ensuring a unified approach to environmental protection and biodiversity conservation across states and territories. The Act’s application is further refined through subordinate instruments, including amendments to the list of specimens suitable for live import, which are made either on the Minister’s initiative or by application. This particular amendment adds Aceria sp. (Boneseed leaf buckle mite) to Part 2 of the list, facilitating its import under a permit for biological control purposes, following a comprehensive assessment and consultation process involving relevant stakeholders. Exclusions or exemptions from the permit requirements are determined through this legislative mechanism, ensuring compliance with stringent biosecurity measures.
Key Provisions
The main operative sections of this legislation are section 303EC(1)(a), which outlines the general requirement for a live specimen to be included on a specific list to be imported into Australia, and section 303EB, which defines the structure of the list into two parts. The amendment to the list, detailed under section 303EE, specifies the addition of Aceria sp. (Boneseed leaf buckle mite) (VAIC 46501) to Part 2 of the list of specimens suitable for live import. This amendment is supported by an assessment report prepared in accordance with section 303EF and published on the Department of Environment and Heritage website, which received no negative comments.
The obligations and requirements imposed by the Act on the parties or entities it governs include the necessity for any live specimen to be included on the list of specimens suitable for live import to be imported into Australia. The list is established and managed under section 303EB, with Part 1 containing species exempt from the need for an import permit and Part 2 containing species that can be imported with a permit. The addition of Aceria sp. (VAIC 46501) to Part 2 facilitates the issuance of import permits for this species by the Minister or his delegate. Additionally, the Minister must consult with other appropriate State, Territory, and Australian Government Ministers before making amendments to the list, as per section 303EC(3). In this case, consultations were held with all State and Territory Ministers for the Environment and the Australian Minister for Agriculture, Fisheries and Forestry.
The legislation outlines potential offences, penalties, or civil/criminal consequences for breach, although specific maximum penalties are not stated in the explanatory statement. Any breach of the requirements to include a species on the list of specimens suitable for live import could result in legal consequences, including potential fines or other penalties as prescribed under the EPBC Act. The Act mandates the issuance of import permits only for species included on the list, thus any unauthorised import of live specimens not listed would constitute an offence. Furthermore, the risk assessment by Biosecurity Australia, which determined that Aceria sp. (VAIC 46501) could be safely released into the Australian environment, underscores the importance of adhering to these legal requirements to prevent the introduction of harmful organisms.