EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Amendment to the List of Specimens taken to be Suitable for Live Import
Instrument under paragraph 303EC(1)(a)
(Issued under Authority of the Minister for the Environment)
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 section 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.
The effect of this instrument is to add Dactylopius tomentosus (a cochineal insect) 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.The purpose of importing this species is for the biological control of Cylindropuntia (cholla) cacti. The Department of Agriculture and Water Resources has recommended the release of this species.
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.
In determining whether to amend the live import list to include D tomentosus, the Minister considered a report on the potential impacts on the environment, in accordance with s.303EE(4) of the Environment Protection and Biodiversity Conservation Act 1999. The report was prepared by the Department of Agriculture and Water Resources, and assessed the risks as negligible and proposed that D tomentosus should be released, subject to standard quarantine conditions. The report identified no significant off-target effects or potential consequences that would be associated with the release of this species. The findings were supported by the Department of the Environment.
In accordance with paragraph 303EC(3) other appropriate state, territory and Australian Government ministers were consulted. In this case, the former Department of Agriculture consulted with all state and territory ministers for the environment, conservation and agriculture, or delegated agencies, and other relevant stakeholders. They were advised that the Department of Agriculture report may be used by the Minister in making a determination to include the item on the list of specimens suitable for live import. Two responses were received, both of which supported the proposal.
The Minister considered that listing this species under Part 1 of the live import list poses little risk to the Australian environment and has the potential to control a serious environmental pest.
This instrument is a legislative instrument for the purposes or the Legislative Instruments Act 2003. It will take effect on the day after registration.