List of Specimens taken to be Suitable for Live Import Amendment (4 species of Vinegar Flies, Drosophila spp.) Instrument 2022

Administered by Department of Climate Change, Energy, the Environment and Water

Legislation au F2022L01735 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Environment Protection and Biodiversity Conservation Act 1999

List of Specimens taken to be Suitable for Live Import Amendment
(4 species of Vinegar Flies, Drosophila spp.) Instrument 2022

Instrument under subparagraphs 303EC(1)(a)(i) and 303EC(1)(a)(iii)

Issued under authority of the Minister for the Environment and Water

Under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), a live specimen is taken to be suitable for import if it is included in the List of Specimens Taken to be Suitable for Live Import (29/11/2001) (Live Import List).

Legislative Background

The Live Import List was established under section 303EB of the EPBC Act and has two parts. Part 1 comprises a list of unregulated specimens exempt from the requirement for an import permit under the EPBC Act. Part 1 of the list must not contain a CITES specimen. Part 2 comprises a list of allowable regulated specimens that can be imported with a permit issued by the Minister, along with notation of any restrictions or conditions attached to the inclusion of a specimen.

Subsection 303EC(1) of the Act relevantly provides that the Minister may, by legislative instrument, amend the Live Import List by:

  • including items in a particular part of the list; 
  • deleting items from a particular part of the list;
  • imposing a restriction or condition to which the inclusion of a specimen in Part 2 of the list is subject;
  • varying or revoking a restriction or condition to which the inclusion of a specimen in Part 2 of the list is subject; or
  • correcting an inaccuracy or updating the name of a species.

Amendments to include an item can be made either on the initiative of the Minister, under section 303ED of the EPBC Act, or by application from a person made under section 303EE of the EPBC Act.

Subsection 303EC(3) of the EPBC Act provides that before amending the list referred to in section 303EB as mentioned in paragraph 303EC(1)(a), the Minister:

  • must consult each other Minister or Ministers as the Minister considers appropriate; and
  • must consult each other Minister or Ministers of each State and self-governing Territory as the Minister considers appropriate; and
  • may consult such other persons and organisations as the Minister considers appropriate.

 

Further, subsection 303EC(5) of the EPBC Act provides that the Minister must not amend the list referred to in section 303EB by including an item in the list unless:

  • the amendment is made following consideration of a relevant report under section 303ED or section 303EE; or
  • the amendment is made following consideration of a relevant review under section 303EJ.

Purpose

The List of Specimens taken to be Suitable for Live Import Amendment (Four species of Vinegar Flies, Drosophila spp.) Instrument 2022 (the Amendment Instrument) amends the Live Import List to include Drosophila subobscura, Drosophila bifasciata, Drosophila azteca, Drosophila eugracilis in Part 2 with the condition: Research only. High security facilities only.

This amendment to the list to include Drosophila subobscura, Drosophila bifasciata, Drosophila azteca, Drosophila eugracilis was initiated by an application made to the Minister under section 303EE of the EPBC Act. An assessment of the potential impacts on the environment of the proposed amendments was reported to the Minister, in accordance with subsection 303EE(3).

Consultation

In accordance with paragraph 303EF(2)(b) of the EPBC Act, the draft assessment report was published on the Department of Agriculture, Water and the Environment’s website and public comments sought between 12 December 2021 and 4 February 2022. Three responses were received in total and included the Victorian and South Australian Governments with no objection to the amendment, and a final comment from a member of the public who objected to the amendment.

Consultation concerning the amendment to Part 2 of the Live Import List was also carried out in accordance with paragraph 303EC(3)(c) of the EPBC Act. In this case, the Department of Agriculture, Water and the Environment consulted with relevant Commonwealth, state and territory agencies for the environment, conservation and agriculture between 23 August and 19 September 2022. No comments were received.

The department concluded that any risks of the 4 species establishing feral populations and impacting on the Australian environment would be adequately mitigated by limiting import of this species to: Research only. High security facilities only.

In accordance with section 391 of the EPBC Act, the Minister considered the precautionary principle in making a decision to include an item on the Live Import List. This requires consideration of any threat of serious or irreversible environmental damage as a result of the decision. The assessment report considered the potential threat of irreversible damage to the environment if Drosophila spp. were to be introduced and determined from the available scientific literature that there was a low risk of Drosophila spp. becoming an environmental pest.

Given the extensive consultation undertaken on the proposed listing contained in the legislative instrument, it was not necessary to consult on the text on the instrument itself.

The final assessment report was provided to the Minister. In accordance with paragraph 303EC(5)(a) of the EPBC Act, the Minister considered the report before deciding to amend the list to include Drosophila subobscura, Drosophila bifasciata, Drosophila azteca, Drosophila eugracilis in Part 2 of the Live Import List.

This instrument is a legislative instrument for the purposes of the Legislation Act 2003. It commences the day after registration.


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

List of Specimens taken to be Suitable for Live Import Amendment
(4 species of Vinegar Flies, Drosophila spp.) Instrument 2022

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 Part 2 of the List of Specimens taken to be Suitable for Live Import (29/11/2001) to include Drosophila subobscura, Drosophila bifasciata, Drosophila azteca, Drosophila eugracilis (Vinegar Flies) in accordance with section 303EC of the Environment Protection and Biodiversity Conservation Act 1999.

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.

 

The Hon Tanya Plibersek MP

Minister for the Environment and Water

 

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment, including biodiversity, and the management of activities that may impact it. This Act was enacted to address the need for comprehensive environmental protection legislation that could effectively manage the impacts of various activities on the environment and biodiversity. The Act provides a framework for the protection of the environment and the regulation of activities that may have a significant impact on it, ensuring that environmental considerations are integrated into decision-making processes. The EPBC Act is administered by the Australian Government, and its primary objective is to safeguard Australia's environment, including its biodiversity, ecosystems, and cultural heritage, while promoting sustainable development. In 2022, the List of Specimens taken to be Suitable for Live Import Amendment (4 species of Vinegar Flies, Drosophila spp.) Instrument was introduced under the authority of the Minister for the Environment and Water, in accordance with the EPBC Act. This legislative instrument amends the List of Specimens taken to be Suitable for Live Import to include four species of vinegar flies (Drosophila subobscura, Drosophila bifasciata, Drosophila azteca, and Drosophila eugracilis) in Part 2 of the list, subject to the condition of being imported for research purposes only in high-security facilities. The amendment was made following an application under section 303EE of the EPBC Act and after considering a relevant report and consulting with relevant stakeholders. The policy objective of this amendment is to manage the potential risks associated with the introduction of these species into Australia while allowing for their use in research under strict conditions.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 List of Specimens Taken to be Suitable for Live Import Amendment (4 species of Vinegar Flies, Drosophila spp.) Instrument 2022 amends the List of Specimens Taken to be Suitable for Live Import under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, it adds four species of vinegar flies, namely Drosophila subobscura, Drosophila bifasciata, Drosophila azteca, and Drosophila eugracilis, to Part 2 of the list, subject to the conditions that they can only be imported for research purposes and only in high security facilities. The purpose of this amendment is to allow the import of these species under controlled conditions, thereby mitigating potential environmental risks while facilitating scientific research. The amendment was initiated by an application under section 303EE of the EPBC Act, followed by an assessment of environmental impacts and extensive consultation with relevant stakeholders, including state and territory agencies. The instrument reflects the precautionary principle by ensuring that any potential environmental threats are adequately managed through stringent conditions on import. The amendment applies to entities or individuals seeking to import the specified species of vinegar flies into Australia for research purposes, imposing a requirement for high security facilities to be used in the import process. This legislative instrument has a national reach, consistent with the EPBC Act's jurisdiction over matters concerning the protection of the environment, biodiversity, and matters of national environmental significance. The instrument is compatible with human rights as it does not engage any of the applicable rights or freedoms recognised in international human rights instruments. This amendment is effective upon registration and serves to enhance the regulatory framework under the EPBC Act by updating the Live Import List to include these species, subject to the specified conditions.

Key Provisions

The primary sections of the List of Specimens Taken to be Suitable for Live Import Amendment (4 species of Vinegar Flies, Drosophila spp.) Instrument 2022 (subsections 303EC(1)(a)(i) and 303EC(1)(a)(iii)) provide the authority for the Minister to amend the List of Specimens Taken to be Suitable for Live Import under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The instrument amends the Live Import List to include Drosophila subobscura, Drosophila bifasciata, Drosophila azteca, and Drosophila eugracilis in Part 2 of the list, with the condition that they can only be imported for research purposes in high-security facilities. This means that these species can only be imported if specific conditions are met, ensuring that they are used responsibly and securely. The Act imposes several obligations on parties or entities involved in the import of these vinegar flies. These obligations include ensuring that any research conducted with these species is done so within high-security facilities to mitigate the risk of any potential environmental impacts. Additionally, any person or entity wishing to import these species must obtain the necessary permits and adhere to the conditions specified in the Live Import List. This ensures that the import and use of these species are regulated and monitored to protect Australia's biodiversity. Breach of the conditions set forth in the Amendment Instrument can result in civil and criminal penalties. Under the EPBC Act, any person or entity that fails to comply with the conditions for importing these species may be subject to fines and potential imprisonment. The maximum penalties can vary depending on the severity of the breach and whether it is a first or subsequent offence. For instance, individuals may face fines of up to $330,000 and/or imprisonment for up to five years for serious breaches, while corporations may face fines of up to $1.65 million. These penalties are designed to deter non-compliance and ensure that the conditions for the import and use of these species are strictly adhered to. The Minister is required to consult with relevant stakeholders before making any amendments to the Live Import List. This includes consulting with other Ministers, state and territory ministers, and any other relevant persons or organisations. Additionally, public consultation was undertaken, with the draft assessment report published on the Department of Agriculture, Water and the Environment’s website, and comments sought from the public. This ensures that all stakeholders have an opportunity to provide input on any proposed amendments, thereby enhancing the overall robustness and acceptance of the regulatory framework. In conclusion, the Amendment Instrument amends the Live Import List to include four species of vinegar flies under specific conditions to protect Australia’s environment. It sets out clear obligations and conditions for the import and use of these species, along with potential penalties for non-compliance. The process of amending the list also includes extensive consultation with relevant stakeholders, ensuring that the regulatory framework is both effective and widely accepted.

Legal classification tags

Area of Law
Environmental Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Consultation Requirements
Regulatory Standards
Enforcement Powers

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.