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 the Environment and Heritage)
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 Venturia canescens, (a parasite), to Part 2 of the list of specimens suitable for live import.
Including this species in the list will allow its import into Australia for the purpose of research. The following conditions will be applied to its import: for the purposes of Research Only, Quarantine Approved Premise only and all specimens must be destroyed on completion of Research.
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 the University of Adelaide, under s.303EE of the EPBC Act.
In determining whether to amend the list of specimens suitable for live import to include V. canescens, the Minister considered the outcomes of an assessment report prepared in accordance with s.303EF of the EPBC Act. Copies of the assessment report are available at the following website:
http://www.deh.gov.au/biodiversity/trade-use/invitecomment/venturia-canescens.html
In accordance with s.303EF of the EPBC Act, the assessment report was published on the Department of the Environment and Heritage website and comments sought. One public comment was received opposing the import.
In accordance with s. 303EF (3) of the EPBC Act, appropriate state and territory ministers and departments for the environment, conservation and agriculture were invited to comment.
DEH received eight ministerial responses to this application. Six were supportive of the application, noting that the specimens should be held in Quarantine approved facilities. The remaining two responses did not object to the import of V. canescens into Australia.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The instrument will take effect on the first day on which it is no longer liable to be disallowed.