Amendment – List of Specimens taken to be Suitable for Live Import (19/11/2015)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to address issues concerning the protection of the environment and biodiversity, and to establish a framework for the conservation of Australia's unique flora and fauna. This Act, enacted by the Australian Parliament, aims to protect and manage nationally and internationally significant environments, species, and ecological communities. The legislation provides for the regulation of activities that may have a significant impact on the environment, including the import of live specimens. The EPBC Act includes provisions for the establishment of a list of specimens that are suitable for live import, which helps to regulate and control the introduction of potentially harmful species into Australia. The F2015L01877 legislative instrument amends the List of Specimens taken to be Suitable for Live Import under the EPBC Act, specifically by adding the cochineal insect Dactylopius tomentosus to Part 1 of the list. This amendment was initiated by an application and was supported by a risk assessment report from the Department of Agriculture and Water Resources, which found the risks associated with the import of this species to be negligible. The inclusion of D tomentosus in the list is intended to facilitate the biological control of Cylindropuntia (cholla) cacti, an environmental pest, under standard quarantine conditions. The Minister for the Environment considered the potential environmental impacts and consulted with relevant state and territory ministers, all of whom supported the proposal. This legislative instrument will take effect on the day after its registration.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment to the List of Specimens taken to be Suitable for Live Import concerns the regulation of live specimens imported into Australia, specifically targeting the addition of Dactylopius tomentosus, a cochineal insect, to the list of specimens suitable for live import. This amendment applies to the importation of live specimens of Dactylopius tomentosus, a species that will now be exempt from requiring an import permit under the EPBC Act. The primary aim of this amendment is to facilitate the importation of this species for biological control of Cylindropuntia cacti, a serious environmental pest, subject to standard quarantine measures. The amendment applies nationally, within the Commonwealth jurisdiction, and follows consultation with relevant state and territory ministers as well as other stakeholders. Notably, this legislative instrument is subject to the provisions of the Legislative Instruments Act 2003, and it will become effective the day after its registration.

Key Provisions

The main operative sections of this instrument concern the addition of Dactylopius tomentosus, a cochineal insect, to Part 1 of the List of Specimens taken to be Suitable for Live Import under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This addition is detailed in section 303EC(1)(a) of the Act, which allows for amendments to the live import list either on the initiative of the Minister or by application (section 303EC(1)(a)). The amendment, which permits the import of D tomentosus, is intended to facilitate its use for the biological control of Cylindropuntia (cholla) cacti, a serious environmental pest. This inclusion was recommended by the Department of Agriculture and Water Resources, following a risk assessment which found the environmental risks to be negligible (section 303EE(4)). The obligations imposed by this Act on the relevant parties include ensuring that any importation of D tomentosus adheres to the stipulated conditions, particularly the standard quarantine measures. The Department of Agriculture and Water Resources is tasked with preparing and submitting reports on the potential environmental impacts of such imports, which the Minister for the Environment must consider before making any amendments to the live import list. Other state, territory and Australian Government ministers, particularly those responsible for environment, conservation, and agriculture, are also required to be consulted in this process, as mandated by paragraph 303EC(3) of the EPBC Act. In terms of breaches and penalties, the Act does not specify detailed offences or penalties related to the import of D tomentosus. However, any failure to comply with the conditions set for the import or the subsequent release of the insect could potentially lead to enforcement actions under the EPBC Act. Such actions may include fines or other civil penalties as prescribed by the relevant authorities. Additionally, any significant environmental harm caused by the unauthorised or improper release of D tomentosus could result in further legal consequences, including criminal charges under the Act. The specific penalties would depend on the nature and extent of the breach, and would be determined in accordance with the broader provisions of the EPBC Act.