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 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 Bulinus truncatus (ram’s horn snail) and Schistosoma haematobium (a parasitic blood fluke) to Part 2 of the live import list.  Including these species in the list will allow the import of live specimens, subject to the granting of an import permit, and only under the specified conditions: Research only. High security facilities only.

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 B. truncatus and S. haematobium, 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 and primary industries (or their delegates), as well as the Australian Government Department of Health and Ageing.

All respondents supported the proposal or had no objection provided the listing included conditions to limit import purposes and to ensure the 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.  No comments were received from members of the public.

Bulinus truncatus is an African freshwater snail that serves as an intermediate host for the parasitic blood fluke Schistosoma haematobium, that causes the disease schistosomiasis in humans. The applicant seeks to import these organisms into secure premises to undertake research to develop new vaccines and drugs to control the parasite.

Although these species pose a potential threat to Australia if they were to escape containment, the Minister considered that listing these species with conditions limiting import purpose and security of holding facilities poses little risk to the Australian environment.

This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003. It will take effect on the day after registration on the Federal Register of Legislative Instruments.

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Environment Protection and Biodiversity Conservation Act 1999

Amendment - List of Specimens taken to be Suitable for Live Import – s.303EB

This Bill/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.

Overview of the Bill/Legislative Instrument

The purpose of this instrument is to amend the List of Specimens Taken to be Suitable for Live Import to include two species on Part 2 of the list. The amendment will allow import of specimens of Bulinus truncatus and Schistosoma haematobium into secure facilities for research into the control of the Schistosoma parasite.

Human rights implications

This Bill/Legislative Instrument may promote the right to health, as the research focuses on developing new vaccines and drugs to control the parasite, and will not limit the rights, as the organisms will be confined to a secure facility and pose no threat.

Conclusion

This Bill/Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

Tony Burke

Minister for Sustainability, Environment, Water, Population and Communities