Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the environment, particularly the natural, cultural, and heritage values of places of significance, and to manage and regulate activities that may impact biodiversity. The Act was introduced to address the need for a comprehensive framework to protect Australia's environment and biodiversity, aligning with international obligations and national conservation efforts. This legislation is administered by the Australian Parliament and its policy objective is to ensure the protection and sustainable use of the nation's biodiversity and environment. A specific instrument under this Act, issued in 2013, aimed to amend the List of Specimens Taken to be Suitable for Live Import to include Mastrus ridens (a parasitoid wasp) in Part 1 of the list, allowing its import for biological control of the codling moth. The amendment followed a risk assessment by the Department of Agriculture, which found negligible environmental impacts, and was supported by relevant state and territory ministers.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 governs the import of live specimens, which must be included on the List of Specimens Taken to be Suitable for Live Import. This Act applies to any person or entity seeking to import live specimens into Australia and regulates such activities across the Commonwealth. The Act distinguishes between species that are exempt from import permit requirements and those that require such permits, with these classifications found in Parts 1 and 2 of the live import list, respectively. This legislative instrument amends the list to include Mastrus ridens, a parasitoid wasp, in Part 1, thereby exempting it from the need for an import permit. This change facilitates the importation of Mastrus ridens for the biological control of the codling moth, a significant pest affecting the apple and pear industries in Australia. The amendment process can be initiated either by the Minister or through an application, as was the case here, following a risk assessment by the Department of Agriculture which found negligible environmental impacts. The Minister for the Environment, having considered consultations with relevant state, territory, and Australian Government ministers, determined that the addition of Mastrus ridens to the live import list poses minimal risk and offers potential benefits for pest control. This legislative instrument is compatible with human rights as it does not engage any of the rights or freedoms recognised in the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (the "Act") establishes specific provisions concerning the import of live specimens, as detailed in sections 303EB(1) and 303EC(1)(a). Under these provisions, the Act mandates that any live specimen imported into Australia must be included on the List of Specimens Taken to be Suitable for Live Import (the "live import list"). The live import list, established under section 303EB, is divided into two parts: Part 1 includes species exempt from the need for an import permit, while Part 2 lists species that require an import permit. This legislative instrument amends the live import list by adding Mastrus ridens, a parasitoid wasp, to Part 1. This addition will permit the import of live specimens of Mastrus ridens into Australia. The purpose of this amendment is to facilitate the biological control of the codling moth, a significant pest affecting the apple and pear industries, through the introduction of this wasp species. The Department of Agriculture has endorsed the release of Mastrus ridens subject to standard quarantine conditions. The Act imposes several obligations and requirements on the parties involved in the importation of live specimens. Firstly, any entity or individual intending to import a live specimen must ensure that the species is listed on the live import list. If the species is in Part 1, an import permit is not required. If the species is in Part 2, an import permit is mandatory. Additionally, any import of live specimens must adhere to the terms and conditions set forth by the Act, including any quarantine measures established by the relevant authorities. The amendment to the live import list to include Mastrus ridens is subject to consultation with appropriate state, territory, and Australian Government ministers, as stipulated under section 303EC(3) of the Act. In this case, consultations were conducted with relevant ministers and agencies, and all received responses supported the proposal. In the event of a breach of the provisions outlined in the Act, several offences, penalties, and consequences may apply. The Act does not explicitly detail maximum penalties within this legislative instrument; however, breaches of the Act generally may result in substantial fines and potential imprisonment. The severity of penalties often depends on the nature and extent of the breach. For instance, unauthorised importation of live specimens may be subject to fines and imprisonment terms as stipulated under other sections of the Act. The Act also provides for civil and criminal penalties for non-compliance with environmental protection and biodiversity conservation measures. The precise penalties would depend on the specific breach and could include both fines and imprisonment terms, as outlined in the relevant sections of the Act.