EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
List of Specimens taken to be Suitable for Live Import Amendment
(Listronotus appendiculatus) Instrument 2020
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 (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 Live Import List was established under section 303EB of the EPBC Act and has two parts. Part 1 comprises of unregulated specimens exempt from the requirement for an import permit under the EPBC Act. Part 2 comprises allowable regulated specimens that can be imported with a permit under the EPBC Act.
The effect of this instrument is to amend the Live Import List to include Listronotus appendiculatus (a weevil) 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 Listronotus appendiculatus was initiated by an application made to the Minister under section 303EE (1) of the EPBC Act.
In determining whether to amend the Live Import List to include Listronotus appendiculatus, the Minister considered a report on the potential impacts on the environment, in accordance with section 303EE(4) of the Environment Protection and Biodiversity Conservation Act 1999. The report assessed the risks under the Biosecurity Act 2015 as negligible and proposed that Listronotus appendiculatus should be released, 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.
In accordance with paragraph 303EC (3) other appropriate state, territory and Australian Government ministers were consulted. The Department of Agriculture, Water and the Environment consulted with all state and territory ministers for the environment, conservation and agriculture, or delegated agencies, and other relevant stakeholders. One stakeholder submission was received. All comments made in the submission related to the application and not the draft risk analysis report. No changes to the risk analysis were required as a result of the submission.
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
(Listronotus appendiculatus) Instrument 2020
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 Listronotus appendiculatus (a weevil).
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 Sussan Ley MP
Minister for the Environment