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 Tachardiaephagus somervillei (a parasitoid wasp) to Part 2 of the list of specimens suitable for live import. Including this species in the list will allow the import of live specimens of this species under the specified conditions: ‘Importation to the Territory of Christmas Island only’. The Department of Agriculture and Water Resources has approved the release of this species.
The purpose of importing this species into Christmas Island is for the biological control of yellow lac scale (Tachardina aurantiaca). Yellow lac scale occurs in extremely high densities in yellow crazy ant (Anoplolepis gracilipe) supercolonies that occur on Christmas Island, and supplies a large fraction of the honeydew required to maintain the high densities of this invasive species that are threatening native biota on the island.
Amendments to the live import list can be made either on the initiative of the Minister or by application. This list amendment was initiated the Minister under section 303ED of the EPBC Act after receiving a report prepared by the Department of Agriculture and Water Resources.
In determining whether to amend the live import list to include T somervillei, the Minister considered a report on the potential impacts on the environment, prepared in accordance with s.303ED(3) of the EPBC Act. The report was prepared by the Department of Agriculture and Water Resources, and assessed the risks as negligible and proposed that T. somervillei should be released, subject to standard quarantine conditions. They 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 2 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.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) aims to protect and conserve Australia’s biodiversity and heritage, including the management of the impacts of activities that may affect the environment. This Act was enacted to address the need for comprehensive environmental protection and biodiversity conservation. This legislative instrument amends the List of Specimens taken to be Suitable for Live Import under the EPBC Act by adding Tachardiaephagus somervillei, a parasitoid wasp, to Part 2 of the list. This amendment allows for the importation of live specimens of this species to the Territory of Christmas Island for biological control of the yellow lac scale, which is an invasive species threatening native biota on the island. The amendment was initiated by the Minister for the Environment following a report from the Department of Agriculture and Water Resources, which assessed the risks of the introduction of this species as negligible and recommended its release under standard quarantine conditions. The purpose of this amendment is to facilitate the control of a serious environmental pest while posing little risk to the Australian environment.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 Amendment to the List of Specimens taken to be Suitable for Live Import instrument modifies the existing regulatory framework concerning the importation of live specimens into Australia. Specifically, this amendment adds the parasitoid wasp Tachardiaephagus somervillei to Part 2 of the List of Specimens Suitable for Live Import, which requires an import permit. The amendment allows for the importation of this species solely to the Territory of Christmas Island under specified conditions. This addition aims to facilitate the biological control of yellow lac scale (Tachardina aurantiaca), an invasive species threatening native biota on Christmas Island. The amendment was initiated by the Minister for the Environment following a report from the Department of Agriculture and Water Resources, which concluded that the risks associated with the importation of T. somervillei were negligible. The amendment is subject to standard quarantine conditions and follows consultation with relevant state, territory, and Australian government ministers. This legislative instrument will come into effect on the day after registration.
Key Provisions
The main operative sections of this instrument under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) involve amending the List of Specimens taken to be Suitable for Live Import (live import list), as outlined in sections 303EB and 303EC. Specifically, section 303EB establishes the list, which consists of two parts: species exempt from the requirement for an import permit (Part 1) and species that require an import permit (Part 2). Section 303EC provides the procedure for amending the list, including the requirement for the Minister to consider a report on the potential environmental impacts before making any amendments. In this instance, section 303EC(1)(a) is the provision under which this instrument was issued, allowing for the addition of Tachardiaephagus somervillei to Part 2 of the list, permitting its importation under specific conditions.
The obligations and requirements imposed by this Act on the parties or entities it governs include the necessity for any entity wishing to import live specimens of Tachardiaephagus somervillei to comply with the conditions specified in the amended list. Importers must ensure that the specimens are imported only to the Territory of Christmas Island, as per the stipulated conditions. Furthermore, the Department of Agriculture and Water Resources, having assessed the potential environmental impacts, must approve the release of this species. The Act also mandates that the Minister consult with other relevant ministers and stakeholders, as outlined in section 303EC(3), and consider their feedback before making a determination to amend the list.
The consequences for breaching the provisions of this Act can include both civil and criminal penalties. Under section 303EJ of the EPBC Act, individuals or entities that fail to comply with the conditions for the importation of listed species can face significant fines and potential imprisonment. The specific maximum penalties are not detailed in this instrument but are stipulated in the main Act. Civil penalties can include fines of up to $511,000 for individuals and $2.555 million for corporations, while criminal penalties can result in imprisonment for up to two years for individuals and five years for corporations. These penalties are intended to enforce compliance with the environmental protection regulations and ensure the safety and integrity of Australia's ecosystems.