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 under the Act.
The effect of this instrument is to add Ochlerotatus (Aedes) koreicus (a mosquito) 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.
Ochlerotatus koreicus is an Asian mosquito that has recently been discovered in Europe. The proposed research aims to evaluate the ability of this species to transmit medically important viruses.
Ochlerotatus koreicus is commonly known by the synonym Aedes koreicus and, hence, is being added to the list as Ochlerotatus (Aedes) koreicus.
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 Ochlerotatus (Aedes) koreicus, 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) as well as the Australian Government Department of Health.
All respondents supported the proposal or had no objection provided the listing included conditions to limit import purposes and to ensure the security of holding facilities.
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.
Although this species poses a potential threat to Australia if it was to escape containment, the Minister considered that listing the species with conditions limiting import purpose and security of holding facilities poses little risk to the Australian environment.
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 Ochlerotatus (Aedes) koreicus on Part 2 of the list. The amendment will allow import of live specimens of Ochlerotatus (Aedes) koreicus into secure facilities for research purposes.
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
Greg Hunt
Minister for the Environment
Overview
The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the problem of the conservation of biodiversity and the protection of the environment. This legislation was introduced by the Australian Parliament to provide a comprehensive framework for the protection of the environment and biodiversity. The Act empowers the Minister for the Environment to amend the List of Specimens Taken to be Suitable for Live Import, which outlines the conditions under which live specimens can be imported into Australia. The policy objective of this Act is to regulate the import of live specimens to prevent the introduction of species that could pose a risk to the environment and human health. This legislative instrument amends the list to include Ochlerotatus (Aedes) koreicus, also known as Aedes koreicus, on Part 2 of the list, allowing the import of live specimens into high-security facilities for research purposes only. The amendment was made following an assessment of the potential environmental impacts and consultations with relevant state, territory, and Australian Government ministers.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 governs the import of live specimens into Australia, which are permitted only if they are listed on the List of Specimens Taken to be Suitable for Live Import. This Act applies to all persons and entities involved in the import of live specimens, including researchers and entities operating high security facilities. The Act has a national jurisdictional reach as it is a Commonwealth Act. The addition of Ochlerotatus (Aedes) koreicus to Part 2 of the live import list means that the import of this species is now subject to specific conditions, including the requirement for research to be conducted in high security facilities only. The amendment was made following a thorough assessment of the potential environmental impacts and consultations with relevant state, territory, and Australian Government ministers, ensuring that the import of this species poses minimal risk to the Australian environment. This legislative instrument is subject to further regulation through subordinate instruments which may extend or restrict its application.
Key Provisions
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the importation of live specimens in Australia. Under section 303EB(1) of the Act, a list of specimens suitable for live import is maintained, categorising species into two parts: Part 1 includes species exempt from import permits, while Part 2 lists species requiring import permits. The legislative instrument in question, F2014L00097, amends this list by adding Ochlerotatus (Aedes) koreicus, a mosquito species, to Part 2. This addition permits the import of live specimens of this species only under specific conditions, namely for research purposes and in high-security facilities.
The obligations imposed by the Act on parties involved in the importation of Ochlerotatus (Aedes) koreicus include ensuring that the research is conducted in facilities meeting the high-security standards specified by the Act. The facilities must be approved and monitored to prevent any escape or accidental release of the mosquito, which could pose a risk to the Australian environment. Additionally, any entity planning to import the mosquito must obtain the necessary permits and comply with the conditions set forth in the live import list.
Breaching the conditions set out for the importation of Ochlerotatus (Aedes) koreicus could result in serious consequences. Under section 484 of the EPBC Act, unauthorised actions, such as importing the mosquito without the required permit or in non-compliant facilities, are considered offences. The maximum penalties for such breaches include substantial fines and imprisonment, depending on the severity and impact of the violation. The Act also provides for civil penalties, which can be imposed for non-compliance with any provision of the Act, ensuring that violators face appropriate legal consequences.
The legislative instrument ensures that the addition of Ochlerotatus (Aedes) koreicus to the live import list is accompanied by stringent conditions to mitigate potential environmental risks. The Minister for the Environment, in consultation with other relevant ministers and departments, assessed the potential impacts and determined that the risks are minimal when the import is limited to research purposes and conducted in high-security facilities. This decision reflects a balanced approach, allowing valuable scientific research while safeguarding Australia's biodiversity and ecosystems.