List of Specimens taken to be Suitable for Live Import Amendment (Polynesian Tiger Mosquito) Instrument 2019

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted by the Parliament of Australia to protect and manage Australia’s environment and biodiversity. This Act provides a framework for the protection of the environment from the impacts of proposed actions through assessments and approvals. The List of Specimens Taken to be Suitable for Live Import (Live Import List) under the EPBC Act specifies the live specimens that are allowed to be imported into Australia. This amendment instrument, introduced in 2019, addresses the need to regulate the importation of the Polynesian Tiger Mosquito (Aedes polynesiensis), a species that could pose a biosecurity risk if not properly controlled. The instrument was initiated by an application under the EPBC Act, and following consultation with relevant agencies, the Minister for the Environment decided to include the Polynesian Tiger Mosquito in Part 2 of the Live Import List with specific conditions, such as "Research only. High security facilities only." This legislative amendment aims to safeguard Australia’s biodiversity and ecosystems from potential threats posed by invasive species.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 List of Specimens taken to be Suitable for Live Import Amendment (Polynesian Tiger Mosquito) Instrument 2019 amends the List of Specimens taken to be Suitable for Live Import (Live Import List) under the EPBC Act to include Aedes polynesiensis, commonly known as the Polynesian Tiger Mosquito, in Part 2 of the List. This means that the import of the Polynesian Tiger Mosquito for research purposes is now permissible, provided it is conducted in high-security facilities. The amendment is applicable to any person or entity wishing to import this mosquito for research, and it applies across the Commonwealth of Australia, as the EPBC Act is a federal law. This legislative instrument was initiated by an application to the Minister and followed the required public consultation and risk assessment processes. The amendment commenced the day after registration, as per the provisions of the Legislation Act 2003. The instrument has been assessed as compatible with human rights under the Human Rights (Parliamentary Scrutiny) Act 2011, as it does not engage any of the applicable rights or freedoms.

Key Provisions

The main sections of this legislative instrument pertain to the amendment of the List of Specimens Taken to be Suitable for Live Import under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Specifically, section 303EB(2) of the EPBC Act establishes the Live Import List, which is divided into two parts. Part 1 includes specimens that are exempt from the need for an import permit, while Part 2 includes regulated specimens that require a permit for importation. This instrument amends Part 2 of the Live Import List to include Aedes polynesiensis (Polynesian Tiger Mosquito) with the specified conditions of "Research only. High security facilities only" (subsection 303EC(2)). The obligations imposed by this legislative instrument primarily relate to the conditions under which Aedes polynesiensis can be imported. Under the amended Live Import List, any import of this mosquito species must be strictly for research purposes and must take place in high security facilities. This ensures that the mosquito is contained and monitored in a controlled environment, minimising the risk of it escaping into the wild where it could potentially cause ecological harm. There are no specific offences, penalties, or civil/criminal consequences outlined in the instrument itself for breaches of the conditions. However, any breach of the terms and conditions set out in the import permit for Aedes polynesiensis could lead to enforcement actions under the EPBC Act. Such actions might include fines, cancellation of the permit, or other administrative penalties. The maximum penalties for breaches of the EPBC Act are set out in section 549, which can include fines of up to $222,200 for individuals and $1,111,000 for corporations, depending on the severity of the offence. The instrument was developed following a series of consultations and assessments. A draft risk assessment report was published on the Department of the Environment and Energy’s website, and public comments were sought from 26 October to 22 November 2017, though no responses were received. Further consultations with relevant Commonwealth, state, and territory agencies were conducted, and their feedback was considered in the final assessment. The Minister for the Environment then reviewed the report and decided to amend the Live Import List to include Aedes polynesiensis, taking into account the support from one state agency and the absence of any public opposition. The instrument is a legislative instrument under the Legislation Act 2003, and it commences the day after registration. Additionally, a Statement of Compatibility with Human Rights was prepared in accordance with the Human Rights (Parliamentary Scrutiny) Act 2011, concluding that the instrument does not engage any of the applicable rights or freedoms and is thus compatible with human rights.