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 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 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 Hylaeogena jureceki (a leaf-mining jewel beetle), 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 H. jureceki. 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 made to the Minister under s.303EE of the EPBC Act.
In determining whether to amend the list of specimens suitable for live import to include H. jureceki, the Minister considered a report on the potential impacts on the environment, prepared in accordance with s.303EF of the EPBC Act.
In accordance with paragraph 303EC(3) other appropriate state, territory and Australian Government ministers were consulted. In this case, the Department of Sustainability, Environment, Water, Population and Communities consulted with all state and territory ministers for the environment, conservation and agriculture, or delegated agencies, and the Australian Minister for Agriculture, Fisheries and Forestry. Six responses were received, all of which supported the proposal, with one requesting additional information. Upon receipt of further information, this respondent advised that they were satisfied and supported the proposal.
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. One comment was received, raising concerns about ensuring that imports are limited to a single biotype and doubting the likely effectiveness of the agent in controlling cat’s claw creeper. The applicant provided sufficient information to indicate that H. jureceki is likely to be an effective agent. The applicant also provided additional information to confirm that additional imports are not likely to be considered necessary as the laboratory colony is robust. Should any further imports be required however, any new biotype of the species would be subject to further host-specificity testing before being released to assess the risks from importing a different biotype, with a potential different host range. The department will regulate further imports, including host-specificity testing of any new biotypes and their release, via import permits.
The Minister considered that listing this species under Part 2 of the list of specimens suitable for live import poses little risk to the Australian environment and has the potential to control a serious environmental weed.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003. This amendment will take effect on the date this instrument is published in the Commonwealth of Australia Gazette.
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) serves as the primary legislative framework for the protection and conservation of the environment in Australia. This Act was enacted to address the growing need for comprehensive environmental protection and management, particularly concerning biodiversity conservation. The Act was introduced by the Commonwealth Parliament to provide a coordinated approach to environmental protection, aiming to preserve the natural environment and biodiversity, including threatened species and ecosystems. This explanatory statement pertains to an instrument issued under the authority of the Minister for Sustainability, Environment, Water, Population and Communities, which amends the list of specimens suitable for live import under the EPBC Act. The policy objective of this amendment is to facilitate the controlled introduction of the leaf-mining jewel beetle, Hylaeogena jureceki, into Australia for the purpose of biological control of the invasive plant species, cat’s claw creeper (Macfadyena unguis-cati). The inclusion of this beetle in the list of specimens suitable for live import, under Part 2, is intended to mitigate the environmental impact of cat’s claw creeper while ensuring that the risks associated with the introduction of a non-native species are adequately managed.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the importation of live specimens into Australia, specifying that such imports can only occur if the specimens are included on a designated list. This list, established under the EPBC Act, is divided into two parts: Part 1 includes species exempt from the need for an import permit, while Part 2 lists species that require an import permit. This legislative instrument pertains to the addition of Hylaeogena jureceki, a leaf-mining jewel beetle, to Part 2 of the list of specimens suitable for live import. This addition facilitates the importation of live specimens of H. jureceki for the purpose of biological control of the invasive cat’s claw creeper (Macfadyena unguis-cati). The amendment to the list can be initiated either by the Minister or through an application, and in this case, the change was made in response to an application submitted under section 303EE of the EPBC Act. The Minister, having considered an environmental impact report and consulted with relevant state, territory, and Australian government ministers, determined that the inclusion of H. jureceki in Part 2 poses minimal risk to the Australian environment and offers potential benefits in controlling the invasive weed. The instrument, effective from its publication in the Commonwealth of Australia Gazette, adheres to the Legislative Instruments Act 2003 and has been deemed compatible with human rights under the Human Rights (Parliamentary Scrutiny) Act 2011.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the import of live specimens, with specific provisions outlined in sections 303EB and 303EC. These sections establish a list of specimens suitable for live import, divided into two parts. Part 1 includes species that do not require an import permit, while Part 2 lists species that require an import permit. The legislation mandates that live specimens can only be imported if they are included on this list. The recent addition of Hylaeogena jureceki (a leaf-mining jewel beetle) to Part 2 of this list was made through an instrument issued under section 303EC(1)(a), and it enables the import of live specimens of this species into Australia. The primary purpose of importing this beetle is for the biological control of the invasive cat’s claw creeper (Macfadyena unguis-cati).
Entities and individuals intending to import live specimens of H. jureceki must now comply with the requirements set out in the amended list, which includes obtaining an import permit. The Minister for Sustainability, Environment, Water, Population and Communities has the authority to amend the list either on their own initiative or in response to an application. This amendment was initiated by an application under section 303EE of the EPBC Act. The decision to add H. jureceki to the list was based on an environmental impact report prepared in accordance with section 303EF of the EPBC Act, and it involved consultations with relevant state, territory, and Australian Government ministers. All responses received were supportive of the proposal, with one requesting additional information. This request was subsequently satisfied, leading to full support for the amendment.
The legislation also outlines consequences for breaches of its provisions. While the explanatory statement does not explicitly detail offences, penalties, or consequences for non-compliance, it is implied that failure to adhere to the requirements for obtaining an import permit or importing species not listed could lead to legal action. Under the EPBC Act, unauthorised actions related to the import of live specimens can result in both civil and criminal penalties. Civil penalties can include fines of up to $66,000 for individuals and $330,000 for bodies corporate, while criminal penalties can include fines of up to $660,000 for individuals and $3.3 million for bodies corporate, along with potential imprisonment. These penalties underscore the importance of compliance with the Act's provisions regarding the import of live specimens.