List of Specimens taken to be Suitable for Live Import Amendment (Acaciothrips ebneri) Instrument 2022

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

Legislation au F2022L01396 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Environment Protection and Biodiversity Conservation Act 1999

List of Specimens taken to be Suitable for Live Import Amendment 

(Acaciothrips ebneri) Instrument 2022

Instrument under subparagraph 303EC(1)(a)(i)

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 on 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 (Convention on International Trade in Endangered Species of Wild Fauna and Flora) 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 EPBC 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, 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.

Subsection 303EE(4) provides for Biosecurity Australia to prepare a report on the potential impacts on the environment if the specimen were to be imported. In accordance with the Environment Protection and Biodiversity Conservation Regulations 2000 s 9A.07(2), this report is of an assessment undertaken for the purpose of importing and releasing a biological control agent. A report under subsection 303EE(3) does not apply to the proposed amendment.

Purpose

The List of Specimens taken to be Suitable for Live Import Amendment (Acaciothrips ebneri) Instrument 2022 amends the Live Import List to include Acaciothrips ebneri (a gall thrip) in Part 1.

This amendment to the list to add Acaciothrips ebneri 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 section 303EE(4). 

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 were sought in December 2021. No comments were received.

Consultation concerning the amendment to Part 1 of the Live Import List was also carried out, in accordance with subsection 303EC(3) 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. One state submission was received supporting the release of the thrip. No changes to the risk analysis were required as a result of the submission.

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

The final report under s 303EE 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 Acaciothrips ebneri in Part 1 of the Live Import List.

The Minister considered that listing this species in Part 1 of the Live Import List poses little risk to the Australian environment and has the potential to control the weed Vachellia nilotica subsp. Indica (prickly acacia), a serious environmental pest.

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

(Acaciothrips ebneri) 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 1 of the List of Specimens taken to be Suitable for Live Import (29/11/2001) to include Acaciothrips ebneri (a thrip) 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

Minister for the Environment and Water

 

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. The Act aims to integrate environmental considerations into decision-making processes and promote sustainable development. The List of Specimens taken to be Suitable for Live Import Amendment (Acaciothrips ebneri) Instrument 2022 was introduced to address the need for regulating the importation of specific biological specimens in a manner that balances environmental protection with other national interests. This legislative instrument, issued under the authority of the Minister for the Environment and Water, amends the List of Specimens taken to be Suitable for Live Import to include Acaciothrips ebneri, a gall thrip, in Part 1, making it exempt from the requirement for an import permit. The policy objective behind this amendment is to facilitate the potential introduction of this biological control agent to manage the environmental pest Vachellia nilotica subsp. Indica (prickly acacia) while ensuring that the risk to the Australian environment remains minimal.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the import of live specimens into Australia, with a list of specimens deemed suitable for import specified in the List of Specimens Taken to be Suitable for Live Import. This list is divided into two parts: Part 1 includes unregulated specimens exempt from requiring an import permit, while Part 2 lists regulated specimens that can be imported with a permit issued by the Minister, subject to any conditions. The List of Specimens Taken to be Suitable for Live Import Amendment (Acaciothrips ebneri) Instrument 2022 modifies the list by adding Acaciothrips ebneri, a gall thrip, to Part 1, making it exempt from the need for an import permit. This amendment was initiated by an application under the EPBC Act and follows a consultation process involving relevant Commonwealth, state, and territory agencies, as well as public consultation. The Minister for the Environment and Water considered the environmental impact assessment and determined that listing this species in Part 1 poses minimal risk and could help control the invasive weed Vachellia nilotica subsp. Indica (prickly acacia). This legislative instrument, compatible with human rights, comes into effect the day after registration.

Key Provisions

The main operative sections of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) relevant to this legislative instrument are sections 303EC, 303ED, 303EE, and 303EF. Section 303EC(1) allows the Minister for the Environment and Water to amend the Live Import List, which includes adding or removing items, imposing restrictions, or correcting inaccuracies. Section 303ED permits the Minister to initiate the amendment process, while section 303EE allows for an application from a person to add an item to the list. Section 303EF mandates that the Minister consults with relevant ministers and agencies before making amendments. The Act imposes several obligations on the parties involved. The Minister must consult with relevant Commonwealth, state, and territory agencies, as well as consider any reports and reviews before amending the Live Import List. Biosecurity Australia must prepare an assessment report on the potential environmental impacts of the proposed amendments, as required under section 303EE(4). Additionally, the public is given an opportunity to provide comments on the draft assessment report, which was published on the Department of Agriculture, Water and the Environment’s website. Breaching the requirements of the EPBC Act may lead to civil or criminal consequences. For example, importing a specimen not listed on the Live Import List without a permit may result in fines and imprisonment. Specifically, section 474 of the EPBC Act states that a person who contravenes the Act may be liable to a fine not exceeding the greater of $222,000 or three times the benefit obtained from the contravention. In the case of a body corporate, the maximum penalty can be up to $1,110,000. For more serious offences, individuals can face imprisonment for up to five years, and body corporates can be fined up to $6,600,000. Additionally, the Minister may issue directions or orders to rectify non-compliance, which, if ignored, may result in further penalties. The List of Specimens taken to be Suitable for Live Import Amendment (Acaciothrips ebneri) Instrument 2022 also includes a statement of compatibility with human rights, as required by the Human Rights (Parliamentary Scrutiny) Act 2011. This statement confirms that the legislative instrument does not engage any of the applicable rights or freedoms recognised or declared in the international instruments listed in section 3 of the Act, thereby ensuring its compatibility with human rights.

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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.