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 Drosophila birchii (Fruit Fly, Vinegar Fly, Pomace Fly) to Part 2 of the live import list. Including this species in the list will allow the import of live specimens 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 D. birchii, the Minister considered the outcomes of an assessment report 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, conservation and fisheries (or their delegates).
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.
D. birchii is an Australian native species with very specific habitat requirements. The specimens that are proposed for import are descended from flies sourced in Queensland and kept in a laboratory in the United Kingdom. As it is a native species that has not been genetically modified, it poses a low risk to the Australian environment.
The Minister considered that listing this 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
This 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 (Cth). This Legislative Instrument does not engage any of the applicable rights or freedoms.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment and biodiversity in Australia. This legislation aims to address issues related to the conservation and sustainable use of biodiversity, ecological processes, heritage values, and matters of national environmental significance. The Act was enacted by the Parliament of Australia and seeks to promote the protection of the environment, including native species, from potential threats posed by human activities. This particular legislative instrument, F2013L00443, was issued under the authority of the Minister for Sustainability, Environment, Water, Population, and Communities. It was developed to amend the list of specimens suitable for live import under the EPBC Act, specifically by adding Drosophila birchii (Fruit Fly, Vinegar Fly, Pomace Fly) to Part 2 of the live import list. This amendment was made in response to an application under section 303EE of the EPBC Act and followed an assessment of the potential environmental impacts, consultations with relevant state and territory ministers, and a review of public comments. The policy objective of this amendment is to allow the import of D. birchii under specified conditions, such as research purposes and high-security facilities, while mitigating potential risks to the Australian environment.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the importation of live specimens in Australia, with the live import list being a critical tool under this legislation. The list, which consists of two parts, specifies whether certain species require an import permit, based on the risk they pose to the Australian environment. This particular legislative instrument, F2013L00443, amends the list to include Drosophila birchii (Fruit Fly, Vinegar Fly, Pomace Fly) in Part 2, thereby requiring an import permit for this species under specified conditions: import is permitted only for research purposes and must occur in high-security facilities. The amendment was initiated by an application to the Minister and followed an assessment of environmental impacts, consultation with relevant state, territory, and Australian Government ministers, and publication of the assessment report for public comment. No objections were raised, leading to the decision to include Drosophila birchii in the list with the aforementioned conditions to mitigate any potential environmental risks.
Key Provisions
The main operative sections of this legislation (F2013L00443) pertain to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) and specifically focus on the importation of live specimens. Under section 303EC(1)(a) of the EPBC Act, this legislative instrument modifies the list of specimens suitable for live import by adding Drosophila birchii (Fruit Fly, Vinegar Fly, Pomace Fly) to Part 2 of the live import list. This addition means that live specimens of this species can only be imported under specific conditions: research purposes and within high security facilities.
Entities and individuals governed by this Act must comply with the conditions set forth for the import of Drosophila birchii. This includes ensuring that the import is solely for research purposes and that it occurs in high security facilities. This requirement is to mitigate any potential risks to the Australian environment, given that Drosophila birchii is a native species with specific habitat requirements. The conditions also mandate consultation with relevant state and territory ministers for the environment, conservation, and fisheries, as outlined in section 303EF of the EPBC Act.
There are no explicit offences or penalties mentioned in this legislative instrument for breach of its provisions. However, any breach of the EPBC Act, in general, could lead to civil or criminal penalties. For instance, under section 510 of the EPBC Act, a person who contravenes an authorisation under the Act may be liable for a penalty of up to $330,000 for a corporation and $66,000 for an individual. Additionally, the Minister may seek an injunction or other remedies to enforce compliance. Given the specific conditions attached to the import of Drosophila birchii, failure to adhere to these conditions could result in legal action under the EPBC Act.