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 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 Plectonycha correntina (a leaf-feeding beetle), 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 P. correntina. The purpose of importing this species into Australia is for biological control of Madeira vine (Anredera cordifolia). Madeira vine, which is native to South America, is a serious environmental weed of south-eastern Queensland and northern NSW.
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 Biosecurity Queensland, Department of Employment, Economic Development & Innovation, under s.303EE of the EPBC Act.
In determining whether to amend the list of specimens suitable for live import to include P. correntina, the Minister considered a risk analysis report prepared by Biosecurity Australia in accordance with s.303EE(4) of the EPBC Act. The report identified no significant off-target effects or potential consequences that would be associated with the release of P. correntina. The risk is estimated to be negligible, which meets Australia’s appropriate level of protection (ALOP). A copy of the Final Risk Analysis Report is available at the following website: http://www.daff.gov.au/ba/reviews/biological_control_agents/risk_analyses/completed_risk_analyses/plectonycha_correntina/final_risk_analysis_report_for_the_release_of_plectonycha_correntina
In accordance with s.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 and the Australian Minister for Agriculture, Fisheries and Forestry. Comments were provided to Biosecurity Australia to be addressed in their assessment.
The Minister considered that listing this species poses little risk to the Australian environment.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Following completion of the disallowance period, 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) governs the protection of Australia’s biodiversity and its regulation of live imports. In 2011, an amendment was made to the list of specimens suitable for live import in accordance with section 303EC(1)(a) of the EPBC Act, adding the species Plectonycha correntina, a leaf-feeding beetle, to Part 1 of the list. This amendment allows for the import of live specimens of P. correntina into Australia to serve as a biological control agent against the invasive Madeira vine, which is detrimental to ecosystems in south-eastern Queensland and northern New South Wales. The amendment was initiated by an application from Biosecurity Queensland, following a risk analysis that identified negligible risks associated with the release of P. correntina, thus aligning with Australia's appropriate level of protection (ALOP).
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the import of live specimens into Australia, stipulating that such imports are only permissible if the specimens are included on a designated list. This list is divided into two parts: Part 1 includes species that are exempt from the need for an import permit under the EPBC Act, while Part 2 consists of species that can be imported with a permit. This legislative instrument amends the list to add Plectonycha correntina, a leaf-feeding beetle, to Part 1, thereby facilitating its importation for the biological control of Madeira vine, an invasive species detrimental to the environments of south-eastern Queensland and northern New South Wales. The inclusion of P. correntina was prompted by an application from Biosecurity Queensland, supported by a risk analysis report from Biosecurity Australia, which found no significant risks associated with the beetle's release. The Minister for Sustainability, Environment, Water, Population and Communities, after considering consultations with relevant state and territory ministers, determined that this addition poses minimal risk to the Australian environment.
Key Provisions
The main operative sections of this legislation pertain to the amendment of the list of specimens suitable for live import under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303EC(1)(a) sets out the criteria for what specimens can be imported, with the list being detailed in sections 303EB and 303ED. This amendment adds Plectonycha correntina, a leaf-feeding beetle, to Part 1 of the list, indicating that it is exempt from the need for an import permit (section 303EB). This amendment allows for the import of live specimens of P. correntina, which is intended for the biological control of Madeira vine, a serious environmental weed in south-eastern Queensland and northern New South Wales.
The Act imposes several obligations and requirements on the entities involved in the import process. Firstly, under section 303EE, any application to amend the list of specimens suitable for live import must be supported by a risk analysis report. In this instance, Biosecurity Australia prepared the necessary risk analysis report, which was reviewed by the Minister for Sustainability, Environment, Water, Population and Communities. Furthermore, the Minister, in consultation with relevant state, territory, and Australian government ministers, must ensure that the amendment meets Australia’s appropriate level of protection (ALOP). The Minister also needs to consult with other appropriate ministers, as mandated by section 303EC(3), and address any comments provided to Biosecurity Australia.
Any breaches of the provisions under the EPBC Act can lead to various civil and criminal consequences. Although specific offences and penalties are not detailed in this particular legislative instrument, generally under the EPBC Act, unauthorised activities, such as importing a live specimen not listed as suitable for live import, can result in significant penalties. These penalties can include fines of up to $66,000 for individuals and up to $330,000 for corporations, as well as potential imprisonment terms. Additionally, any actions that contravene the Act could be subject to further legal actions under related environmental protection legislation, potentially leading to more severe penalties and consequences.