EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
List of Specimens taken to be Suitable for Live Import Amendment (Cecidochares connexa) Instrument 2018
Instrument under subparagraph 303EC (1)(a)(i)
Issued under authority of the Minister for the Environment
Under the Environment Protection and Biodiversity Conservation Act 1999 (the 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 Live Import List was established under section 303EB of the Act and has two parts. Part 1 comprises unregulated specimens exempt from the requirement for an import permit under the Act. Part 2 comprises allowable regulated specimens that can be imported with a permit under the Act.
The effect of this instrument is to amend the Live Import List to include Cecidochares connexa (a gall fly) in Part 1.
Amendments to the Live Import List can be made either on the initiative of the Minister or by application. This amendment to add Cecidochares connexa was initiated by an application made to the Minister under section 303EE (1) of the Act.
In determining whether to amend the Live Import List to include Cecidochares connexa, the Minister considered a report on the potential impacts on the environment, in accordance with section 303EE(4) of the Act. The report was prepared by the Department of Agriculture and Water Resources, which assessed the risks as negligible and proposed that Cecidochares connexa should be released. The initial import of Cecidochares connexa would be 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 are supported by the Department of the Environment and Energy.
In accordance with paragraph 303EC (3) other appropriate state, territory and Australian Government ministers were consulted. In this case, the Department of Agriculture and Water Resources 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 may be used by the Minister in making a determination to include Cecidochares connexa on the list of specimens suitable for live import. No responses were received.
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 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 (Cecidochares connexa) Instrument 2018
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 to include Cecidochares connexa (a gall fly).
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 Melissa Price MP
Minister for the Environment
Overview
The Environment Protection and Biodiversity Conservation Act 1999 was enacted to provide for the protection of the Australian environment, particularly by regulating activities that may impact upon matters of national environmental significance. This includes the regulation of the import of live specimens that could potentially pose a risk to the environment or biodiversity. The Act is administered by the Minister for the Environment and relevant authorities, including the Department of Agriculture and Water Resources and the Department of the Environment and Energy, which assess and report on the potential impacts of importing specific species. The policy objective of the Act is to balance environmental protection with the responsible management of biodiversity and natural resources.
This legislative instrument, the Environment Protection and Biodiversity Conservation Act 1999 List of Specimens taken to be Suitable for Live Import Amendment (Cecidochares connexa) Instrument 2018, was introduced to address the need to amend the List of Specimens taken to be Suitable for Live Import under Part 1 of the Act to include Cecidochares connexa, a gall fly. This amendment was made in response to an application under section 303EE (1) of the Act, following a risk assessment by the Department of Agriculture and Water Resources, which found the risks associated with the import of this species to be negligible. The Minister for the Environment considered that including Cecidochares connexa on the list posed little risk to the Australian environment and could potentially aid in controlling a serious environmental pest. This instrument was issued under the authority of the Minister and is compatible with human rights as it does not engage any of the applicable rights or freedoms.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (the Act) establishes the framework for the protection of the environment and biodiversity within Australia, and governs the import of live specimens into the country. This Act mandates that only specimens listed on the List of Specimens Taken to be Suitable for Live Import (Live Import List) can be imported, with some specimens in Part 1 of the List being exempt from requiring an import permit. The recently issued amendment instrument, the List of Specimens taken to be Suitable for Live Import Amendment (Cecidochares connexa) Instrument 2018, adds the species Cecidochares connexa, a gall fly, to Part 1 of the Live Import List. This addition was made following an application and after a thorough assessment by the Department of Agriculture and Water Resources, which found the risks associated with importing this species to be negligible. The instrument applies to the Commonwealth and is subject to the processes and requirements outlined in the Act, including consultation with relevant state, territory, and Australian Government ministers and agencies. There are no stated exclusions or thresholds in this particular instrument, but the Act does allow for further regulation through subordinate instruments.
Key Provisions
The main operative sections of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) as amended by this legislative instrument (sections 303EB, 303EE, and 303EC) concern the List of Specimens Taken to be Suitable for Live Import (Live Import List). Specifically, section 303EB establishes the Live Import List, which is divided into two parts: Part 1 for unregulated specimens and Part 2 for regulated specimens. Section 303EE allows for the inclusion of species on the Live Import List through an application process, which in this case was initiated to add Cecidochares connexa, a gall fly, to Part 1. The Minister for the Environment made this determination following a risk assessment by the Department of Agriculture and Water Resources and consultation with other relevant stakeholders. Section 303EC requires the Minister to consider the potential environmental impacts of including a species on the Live Import List and to consult with other ministers and stakeholders.
The Act imposes several obligations and requirements on parties involved in the import of live specimens. Under section 303EE(1), any person seeking to have a species added to the Live Import List must submit an application to the Minister. The Minister is then required to consider the application and any relevant reports on the environmental risks associated with the import of the species. According to section 303EE(4), the Minister must prepare a report on the potential environmental impacts of including the species on the Live Import List and consult with other relevant ministers and stakeholders as outlined in section 303EC(3). Once the Minister determines that a species poses little risk to the Australian environment, the species can be added to the Live Import List.
The Act also outlines potential consequences for breaches of its provisions. Under section 303EC(2), any person who imports a live specimen not listed on the Live Import List may be subject to fines and penalties. The maximum penalty for contravening this provision is $42,000 for an individual and $210,000 for a body corporate. Additionally, under section 303J, any person who causes harm to the environment in contravention of the Act may be subject to further fines and penalties. The maximum penalty for contravening this provision is $630,000 for an individual and $3.15 million for a body corporate. These penalties reflect the seriousness with which the Act treats environmental protection and the need to deter breaches that could harm Australia's environment.
Overall, this legislative instrument amends the Live Import List under the EPBC Act to include Cecidochares connexa in Part 1, allowing for its import without the need for a permit. This change was made following a thorough assessment of the environmental risks associated with the import of this species and consultation with relevant stakeholders. The Act imposes obligations on applicants to submit applications for the inclusion of species on the Live Import List and on the Minister to consider these applications and prepare reports on the potential environmental impacts. Breaches of the Act's provisions may result in significant fines and penalties, reflecting the importance of protecting Australia's environment.