EXPLANATORY STATEMENT
Environment Protection and Biodiversity Conservation Act 1999
List of Specimens taken to be Suitable for Live Import Amendment
(Polynesian Tiger Mosquito) Instrument 2019
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 Aedes polynesiensis (Polynesian Tiger Mosquito) in Part 2 with the conditions: ‘“Research only. High security facilities only”.
Amendments to the Live Import List can be made either on the initiative of the Minister or by application. This amendment to add Aedes polynesiensis was initiated by an application made to the Minister under section 303EE of the EPBC Act.
In accordance with subsection 303EF(2) of the EPBC Act, the draft risk assessment report was published on the Department of the Environment and Energy’s website and public comments sought between 26 October to 22 November 2017. No responses were received.
Consultation was also carried out in accordance with subsection 303EC (3) of the EPBC Act. In this case, the Department of the Environment and Energy consulted with relevant Commonwealth, state and territory agencies for the environment, conservation and agriculture. The comments received were considered in the Department’s final assessment. One state responded, supported amending the Live Import List to include Aedes polynesiensis.
The final 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 Aedes polynesiensis 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
(Polynesian Tiger Mosquito) Instrument 2019
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 to include Aedes polynesiensis (Polynesian Tiger Mosquito).
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