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
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 establishes a framework for the assessment and approval of activities that may have a significant impact on the environment, including the import of live specimens. In this context, the EPBC Act includes a List of Specimens Taken to be Suitable for Live Import, which has two parts: unregulated specimens that do not require an import permit and regulated specimens that require a permit. This legislative instrument, introduced by the Minister for the Environment under the authority of the EPBC Act, amends the Live Import List by adding Listronotus appendiculatus, a weevil species, to Part 1. The amendment was made following an application and a risk assessment, which concluded that the addition posed little risk to the Australian environment and could potentially control a serious environmental pest. This legislative instrument is compatible with human rights as it does not raise any human rights issues.
Scope and Application
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the import of live specimens in Australia, requiring that such imports be listed on the List of Specimens Taken to be Suitable for Live Import (Live Import List). This list is divided into Part 1, which comprises unregulated specimens exempt from the need for an import permit, and Part 2, which includes regulated specimens that can be imported with a permit. The instrument F2020L01343 amends the Live Import List by adding Listronotus appendiculatus, a species of weevil, to Part 1. This addition was made following an application to the Minister for the Environment and after assessing potential environmental impacts, which were found to be negligible according to the Biosecurity Act 2015. The amendment aims to mitigate a serious environmental pest while posing little risk to Australia's environment. This legislative instrument is subject to the Legislation Act 2003 and comes into effect upon registration. It has been assessed for compatibility with human rights under the Human Rights (Parliamentary Scrutiny) Act 2011 and was found not to engage any applicable rights or freedoms.
Key Provisions
The main sections of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) relevant to this instrument are sections 303EB, 303EC, and 303EE. Section 303EB establishes the Live Import List, which has two parts: Part 1, consisting of unregulated specimens exempt from import permits, and Part 2, comprising regulated specimens that can be imported with a permit. Section 303EC(1)(a)(i) outlines the criteria for determining whether a specimen is suitable for live import, and section 303EE(1) allows for the amendment of the Live Import List on application or by the Minister. This instrument amends the Live Import List to include Listronotus appendiculatus in Part 1 (sections 303EB, 303EC, and 303EE).
The Act imposes obligations on the Minister for the Environment, including the requirement to consider a report on the potential environmental impacts before amending the Live Import List (section 303EE(4)). The Minister must also consult with other relevant ministers and stakeholders in accordance with section 303EC(3). Additionally, the Department of Agriculture, Water and the Environment is responsible for consulting with state and territory ministers and stakeholders, as detailed in the explanatory statement.
Breaches of the provisions in the EPBC Act that govern the import of live specimens may result in both civil and criminal penalties. Under section 474 of the Act, a person who contravenes a condition of a permit may be liable for a civil penalty of up to 500 penalty units ($92,500) for an individual and up to 5,000 penalty units ($925,000) for a body corporate. Criminal penalties may also apply for more serious breaches, with maximum penalties varying depending on the specific offence and jurisdiction. The Act also includes provisions for enforcement and compliance, such as the power to issue infringement notices and the ability to seek court orders for non-compliance.