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 Sustainability, Environment, Water, Population and Communities)
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 live import 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 need for an import permit under the Act. Part 2 comprises species that can be imported with a permit under the Act.
The effect of this instrument is to add Eueupithecia cisplatensis (a geometrid moth) to Part 1 of the live import list. Including this species in the live import list will allow the import of live specimens of E. cisplatensis. The purpose of importing this species into Australia is for biological control of Parkinsonia (Parkinsonia aculeata), a serious environmental and pastoral weed of national significance that threatens rangelands and wetlands around Australia. The Department of Agriculture, Fisheries and Forestry has approved the release of this species.
Amendments to the live import list can be made either on the initiative of the Minister or by application. This amendment was initiated by an application.
In determining whether to amend the live import list to include E. cisplatensis, the Minister considered a report on the potential impacts on the environment, prepared in accordance with s.303EF of the Environment Protection and Biodiversity Conservation Act 1999. The report was prepared by the Department of Agriculture, Fisheries and Forestry, and assessed the risks as negligible and proposed that E. cisplatensis should be released, subject to standard quarantine conditions. The report 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 Sustainability, Environment, Water, Population and Communities.
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 Agriculture, Fisheries and Forestry 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 report, prepared by the Department of Agriculture, Fisheries and Forestry, may be used by the Minister in making a determination to include the item on the live import list. Eight responses were received; all supported the proposal.
The Minister considered that listing this species under Part 1 of the live import list 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 or the Legislative Instruments Act 2003. It will take effect on the day after registration.
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.