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 Hypocosmia pyrochroma (a leaf-tying moth), 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 of H. pyrochroma. The purpose of importing this species into Australia is for biological control of Cat’s claw creeper (Macfadyena unguis-cati).
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 Queensland Department of Natural Resources, Mines and Water under s.303EE of the EPBC Act.
In determining whether to amend the list of specimens suitable for live import to include H. pyrochroma, 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.environment.gov.au/biodiversity/trade-use/invitecomment/ hypocosmia-pyrochroma.html
In accordance with s.303EF of the EPBC Act, the assessment report was published on the Department of the Environment and Water Resources website and public comments sought. One comment was received. It supported the release of this species but raised some questions on the control of specimens and the testing procedures. These issues were adequately addressed by the applicant, with clarification of where voucher specimens are lodged, and a justification of the methodology used for selecting species for testing.
In accordance with paragraph 303EC(3) other appropriate state, territory and Australian Government ministers were consulted. In this case, the Department of the Environment and Water Resources consulted with all state and territory ministers for the environment and the Australian Minister for Agriculture, Fisheries and Forestry. Of the seven comments received, all supported the proposed amendment or had no objection. The question raised by South Australia about the host specificity test list was agreed not to be an issue.
The Minister considered that listing this species poses little risk to the Australian environment.
This instrument is a legislative instrument for the purposes or the Legislative Instruments Act 2003.
The instrument will take effect on the first day on which it is no longer liable to be disallowed.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the Australian environment, including its biodiversity, through the regulation of activities that have, or may have, significant impacts on the environment. The Act was introduced to address the need for a comprehensive and integrated approach to environmental protection and biodiversity conservation, recognising the interconnectedness of ecological systems and the importance of maintaining biodiversity. This legislative instrument, issued under the authority of the Minister for the Environment and Heritage, is an amendment to the List of Specimens Taken to be Suitable for Live Import, as outlined in paragraph 303EC(1)(a) of the EPBC Act. The amendment adds Hypocosmia pyrochroma (a leaf-tying moth) to Part 1 of the list, which comprises species exempt from the need for an import permit under the EPBC Act. This change was made in response to an application from the Queensland Department of Natural Resources, Mines and Water, aiming to facilitate the biological control of Cat’s claw creeper (Macfadyena unguis-cati) by allowing the import of live specimens of H. pyrochroma into Australia. The Minister considered the amendment to pose little risk to the Australian environment, having reviewed the assessment report and sought consultation with other relevant ministers.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the importation of live specimens into Australia by mandating that only those species listed as suitable for live import may be brought into the country. This legislative instrument amends the List of Specimens Taken to be Suitable for Live Import to include Hypocosmia pyrochroma, a leaf-tying moth, in Part 1, thereby exempting it from the need for an import permit under the EPBC Act. This amendment was initiated by the Queensland Department of Natural Resources, Mines and Water and followed a rigorous assessment process. Public comments were sought and considered, with the majority supporting the amendment. Additionally, consultations were held with other relevant ministers to ensure a coordinated approach. The inclusion of this species aims to facilitate its importation for biological control of the invasive plant species Cat’s claw creeper, with the Minister concluding that the listing poses minimal risk to the Australian environment. The legislative instrument is effective from the date it is no longer subject to disallowance.
Key Provisions
The main operative sections of this legislation, as outlined in the Explanatory Statement, are sections 303EB, 303EC, 303EE, and 303EF of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Section 303EB establishes the list of specimens suitable for live import, which is divided into two parts: Part 1 includes species exempt from the need for an import permit, and Part 2 includes species that can be imported with a permit. Section 303EC(1)(a) allows for the addition of species to this list, and section 303EC(3) requires consultation with other relevant ministers. Section 303EE provides the process for initiating amendments to the list, while section 303EF outlines the requirement for an assessment report and public consultation. In this case, Hypocosmia pyrochroma (a leaf-tying moth) has been added to Part 1 of the list, allowing for its importation for biological control of Cat’s claw creeper.
The obligations imposed by this Act on the parties or entities it governs include the requirement for any live specimens to be included on the list of specimens suitable for live import to be legally imported. The Queensland Department of Natural Resources, Mines and Water, which applied for the inclusion of H. pyrochroma, must provide a comprehensive assessment report that includes details on the species’ potential environmental impact and control measures. The Minister for the Environment and Heritage must consider the outcomes of this report, consult with other relevant ministers, and publish the report for public comment. The Act also mandates that the public have an opportunity to provide feedback and that all reasonable concerns are addressed before finalising the amendment to the list.
The legislation does not explicitly outline specific offences or penalties for breaches related to the importation of species not listed as suitable for live import. However, under the broader framework of the EPBC Act, unauthorised importation of live specimens can be considered a breach of the Act, potentially leading to civil or criminal penalties. The specific penalties for such breaches would depend on the nature and severity of the offence, as well as any relevant case law. The Act’s overarching aim is to protect the environment, so non-compliance could result in significant legal consequences for the individuals or entities involved.