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.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the need for comprehensive environmental protection and biodiversity conservation in Australia. This Act provides the legal framework for the protection of the environment, including the regulation of activities that may harm the environment, and the conservation of Australia’s biodiversity. The Act was introduced to fill a significant gap in the protection of Australia’s unique flora and fauna, and to provide for the sustainable use of natural resources. This legislative instrument, issued under the authority of the Minister for Sustainability, Environment, Water, Population and Communities, amends the List of Specimens Taken to be Suitable for Live Import by adding Eueupithecia cisplatensis, a geometrid moth, to Part 1 of the list, thereby allowing its import for biological control of Parkinsonia, a serious environmental weed. The policy objective of this amendment is to support the use of biological control methods to manage environmental threats while ensuring minimal risk to the Australian environment.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 governs the importation of live specimens in Australia, requiring that any live specimen be included on the List of Specimens Taken to be Suitable for Live Import, also known as the live import list. This Act applies to all entities and persons involved in the import of live specimens, and the amendment in question extends to the entire Commonwealth of Australia. The live import list is divided into two parts: Part 1 includes species exempt from the need for an import permit, while Part 2 includes species that can be imported with a permit. The amendment in question pertains to the addition of Eueupithecia cisplatensis, a geometrid moth, to Part 1 of the list, thereby allowing the import of this species without a permit. This change was made in response to an application and was supported by a report from the Department of Agriculture, Fisheries and Forestry, which found the risks associated with the import of E. cisplatensis to be negligible, and deemed it suitable for biological control of Parkinsonia, a significant environmental weed in Australia. The amendment was made in consultation with other state, territory, and Australian government ministers and received support from all respondents.
Key Provisions
The main sections of the Environment Protection and Biodiversity Conservation Act 1999 Amendment to the List of Specimens Taken to be Suitable for Live Import (F2012L02168) concern the addition of Eueupithecia cisplatensis (a geometrid moth) to Part 1 of the live import list. According to section 303EB, the live import list allows the import of live specimens only if they are included in this list. The addition of E. cisplatensis to Part 1 of the list means that the import of live specimens of this moth is now permitted without the need for an import permit, provided standard quarantine conditions are met. This amendment is aimed at facilitating the biological control of Parkinsonia, a significant environmental weed in Australia, by allowing the introduction of a species that can help manage its spread.
The Act imposes specific obligations on parties involved in the import of live specimens, particularly under section 303EC, which governs the inclusion of species on the live import list. The process of amending the list must be initiated either by the Minister or by application, as outlined in section 303EC(1). When an amendment is proposed, a report assessing potential environmental impacts must be prepared in accordance with section 303EF. This report was prepared by the Department of Agriculture, Fisheries and Forestry, and was subsequently reviewed by the Minister for Sustainability, Environment, Water, Population and Communities. The Minister also consulted with other relevant ministers and stakeholders, as mandated by section 303EC(3), to ensure that the amendment aligns with broader environmental and agricultural policies.
The Act includes provisions for civil and criminal consequences in the event of non-compliance with its requirements. Although the specific penalties for breaches are not detailed in this particular legislative instrument, the Environment Protection and Biodiversity Conservation Act 1999 generally provides for substantial penalties for offences related to the unauthorised import of live specimens. These penalties can include fines and imprisonment, depending on the severity of the breach and the intent behind it. The inclusion of E. cisplatensis on the live import list aims to mitigate the risk of unauthorised imports while facilitating the biological control of Parkinsonia, ensuring that the import of this species is conducted under controlled and monitored conditions.