EXPLANATORY STATEMENT

Environment Protection and Biodiversity Conservation Act 1999

Instrument under section 303EC(1)(a)

(Issued under the Authority of the Minister for the Environment)

Under the Environment Protection and Biodiversity Conservation Act 1999, 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 Environment Protection and Biodiversity Conservation Act 1999 and has two Parts. Part 1 comprises species exempt from the requirement for an import permit under the Act. Part 2 comprises species that require an import permit. 

The effect of this instrument is to add Schmidtea mediterranea CIW4 clonal laboratory strain (a planarian or flatworm) 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.

Schmidtea mediterranea is an important model organism for scientific research due to its ability to regenerate complete individuals from small body parts. The clonal CIW4 laboratory strain is used in research worldwide.

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.

In determining whether to amend the live import list to include Schmidtea mediterranea CIW4 clonal laboratory strain, the Minister considered the outcomes of an assessment report on the potential impacts on the environment, prepared in accordance with s.303EF of the Environment Protection and Biodiversity Conservation Act 1999. 

In accordance with paragraph 303EC(3) of the Environment Protection and Biodiversity Conservation Act 1999, other appropriate state, territory and Australian Government ministers were consulted. In this case, the Department of the Environment consulted with all relevant state and territory ministers for the environment and primary industries (or their delegates).

Of the seven comments received, all supported, or had no objection to, the proposed list amendment with conditions restricting the imports to research only and high security facilities only.

In accordance with s.303EF of the Environment Protection and Biodiversity Conservation Act 1999, the assessment report was published on the Department of the Environment website and public comments sought.  No comments were received from members of the public.

This species is considered to pose a low threat to the Australian environment if it was to escape containment, and the Minister considered that listing the CIW4 clonal strain of this species with conditions limiting import purpose and containment reduces that risk to negligible.

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

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Environment Protection and Biodiversity Conservation Act 1999

Amendment - List of Specimens taken to be Suitable for Live Import – s.303EB

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.

Overview of the Legislative Instrument

The purpose of this instrument is to amend the List of Specimens Taken to be Suitable for Live Import to include Schmidtea mediterranea CIW4 clonal laboratory strain on Part 2 of the list. The amendment will allow import of live specimens of Schmidtea mediterranea CIW4 clonal laboratory strain for research only, into high security facilities only.

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

Greg Hunt

Minister for the Environment