EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
Instrument under section 303EC(1)(c)
(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 taken to be suitable for live import (live import list).
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 can be imported with a permit under the EPBC Act.
In accordance with s. 303EC(1)(c) of the EPBC Act, the effect of this instrument is to correct an inaccuracy in the conditions for import for Ceratitis capitata (Mediterranean Fruit Fly) on Part 2 of the list.
Specimens of the Vienna 7 strain of C. capitata have been imported previously into Australia as a biological control agent for C. capitata outbreaks in Australia. Specimens were imported under the Wildlife Protection (Regulation of Exports and Imports) Act 1982 for mass rearing, sterilisation, and release of sterile males into the environment to control or eradicate outbreaks.
An error at the time of listing C. capitata on the live import list under the EPBC Act resulted in the inclusion of conditions that only permit the release of sterile males from Quarantine Approved Premises (QAP). This fails to recognise that specimens are transferred to a secure mass-rearing facility after one generation in a QAP. This error has only recently come to notice because of the need to import more specimens for rearing.
The effect of this amendment is to correct the conditions on the listing of C. capitata to allow imported flies to be transferred to a secure mass-rearing facility following post-arrival quarantine. Only sterile males are permitted for release into the environment.
This instrument is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
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.
This instrument will commence on the day after it is registered.
Overview
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly with respect to matters of national environmental significance. This Act aims to manage the impacts of Commonwealth activities, projects, and actions through an assessment and approval process. The legislation also facilitates the conservation of Australia's biodiversity by regulating activities that may impact on listed threatened species and ecological communities. The EPBC Act was introduced to address the need for a comprehensive framework to protect the environment and biodiversity, ensuring that significant environmental impacts are considered in decision-making processes. This Act is administered by the Parliament of Australia, with the policy objective of preserving and enhancing Australia's natural heritage for future generations. The legislative instrument issued under section 303EC(1)(c) of the EPBC Act aims to correct an inaccuracy in the conditions for importing the Mediterranean Fruit Fly, specifically to allow for the transfer of sterile males to a secure mass-rearing facility after quarantine.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the import of live specimens in Australia and provides for a live import list that specifies the conditions under which certain species can be imported. This list is divided into two parts: Part 1 includes species that are exempt from the requirement for an import permit, while Part 2 includes species that can be imported with a permit. This legislative instrument amends the EPBC Act by correcting inaccuracies in the conditions for importing Ceratitis capitata, commonly known as the Mediterranean Fruit Fly, which is used as a biological control agent for outbreaks in Australia. Specifically, the amendment allows for the transfer of sterile male flies to a secure mass-rearing facility after post-arrival quarantine, rather than restricting their release to only those from Quarantine Approved Premises (QAP). This legislative instrument applies to entities involved in the import and mass-rearing of sterile male Ceratitis capitata for biological control purposes, ensuring that they can comply with the corrected conditions for importation. The changes apply nationally and are intended to facilitate the effective use of this biological control method within the framework of the EPBC Act. The instrument is a legislative instrument under the Legislative Instruments Act 2003 and is compatible with human rights as it does not engage any of the applicable rights or freedoms as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011.
Key Provisions
The main operative sections of the legislation pertain to the live import list under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (s. 303EB). Section 303EC(1)(c) allows for the correction of inaccuracies in the conditions for import for certain species listed in the live import list. In this instance, the instrument corrects the conditions for the import of Ceratitis capitata, commonly known as the Mediterranean Fruit Fly, specifically addressing an error in the conditions that only permitted the release of sterile males from Quarantine Approved Premises (QAP) (s. 303EC(1)(c)). The amendment allows for the transfer of imported flies to a secure mass-rearing facility following post-arrival quarantine, while still restricting the release into the environment to sterile males only.
The obligations and requirements imposed by the Act on the parties or entities it governs include the necessity to import live specimens of Ceratitis capitata only if they are included on the live import list (s. 303EB). For the species in question, the Act requires that sterile male flies can be transferred to a secure mass-rearing facility after post-arrival quarantine. Additionally, there is an obligation to ensure that only sterile males are released into the environment for biological control purposes. These obligations are crucial to maintaining the regulatory framework designed to prevent ecological harm while allowing for the controlled use of biological agents.
The Act outlines specific consequences for breaches of its provisions. While the Explanatory Statement does not detail the specific offences or penalties, the EPBC Act generally provides for both civil and criminal penalties for non-compliance. Civil penalties can include fines up to a significant amount, depending on the severity of the breach, as well as orders for restitution. Criminal penalties can include fines and imprisonment, with maximum penalties varying based on the offence. The precise penalties are detailed in other sections of the EPBC Act and related regulations. Compliance with the conditions for importing and using Ceratitis capitata is essential to avoid these potential penalties and to ensure the protection of Australia's biodiversity and ecosystems.