List of Specimens taken to be Suitable for Live Import Amendment (sterile Codling Moth) Instrument 2021

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au F2021L00951 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Environment Protection and Biodiversity Conservation Act 1999

List of Specimens taken to be Suitable for Live Import Amendment    (sterile Codling Moth) Instrument 2021

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 taken to be suitable for import if it is included on the List of Specimens Taken to be Suitable for Live Import (29/11/2001) (Live Import List).

The Live Import List was established under section 303EB of the EPBC Act and has two Parts. Part 1 comprises a list of unregulated specimens exempt from the requirement for an import permit under the EPBC Act. Part 1 of the list must not contain a CITES specimen. Part 2 comprises a list of allowable regulated specimens that can be imported with a permit issued by the Minister under the EPBC Act, along with notation of any restrictions or conditions attached to the inclusion of a specimen.

Subsection 303EC(1) of the Act relevantly provides that the Minister may, by legislative instrument, amend the Live Import List by:

  • including items in a particular part of the list; 
  • deleting items from a particular part of the list;
  • imposing a restriction or condition to which the inclusion of a specimen in Part 2 of the list is subject;
  • varying or revoking a restriction or condition to which the inclusion of a specimen in Part 2 of the list is subject; or
  • correcting an inaccuracy or updating the name of a species.

Amendments to include an item can be made either on the initiative of the Minister, under section 303ED of the EPBC Act, or by application from a person made under section 303EE of the EPBC Act.

Subsection 303EC(3) of the EPBC Act provides that before amending the list referred to in section 303EB as mentioned in paragraph 303EC(1)(a), the Minister:

  • must consult each other Minister or Ministers as the Minister considers appropriate; and
  • must consult each other Minister or Ministers of each State and self-governing Territory as the Minister considers appropriate; and
  • may consult such other persons and organisations as the Minister considers appropriate.

 

Further, subsection 303EC(5) of the EPBC Act provides that the Minister must not amend the list referred to in section 303EB by including an item in the list unless:

  • the amendment is made following consideration of a relevant report under section 303ED or section 303EE; or
  • the amendment is made following consideration of a relevant review under section 303EJ.

The List of Specimens taken to be Suitable for Live Import Amendment (sterile Codling Moth) Instrument 2021 amends the Live Import List to include sterile Cydia pomonella (Codling Moth) in Part 1.

This amendment to add the sterile Codling Moth was initiated by an application made to the Minister under section 303EE of the EPBC Act. Introducing sterile individuals into a population of organisms is a pest control technique which is widely practised with insects: a large number of males sterilized by radiation are released into the environment to compete with other males for females. An assessment of the potential impacts on the environment of the proposed amendments was reported to the Minister, in accordance with subsection 303EE(3).

In accordance with subsection 303EF(2) of the EPBC Act, the application against the terms of reference was published on the Department of Agriculture, Water and the Environment’s website and public comments were sought between 9 April and 8 May 2020. No responses were received.

Consultation concerning the amendment to the Live Import List was also carried out in accordance with subsection 303EC(3) of the EPBC Act. In this case, the Department of Agriculture, Water and the Environment sent a draft assessment report to relevant Commonwealth, state and territory agencies for the environment, conservation and agriculture between 6 and 26 August 2020. No comments were received.

The final assessment 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 ‘Only sterile Cydia pomonella’ in Part 1 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
(sterile Codling Moth) Instrument 2021

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 (29/11/2001) to include sterile Cydia pomonella (Codling Moth).

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) establishes the framework for the protection of the environment and biodiversity, including the regulation of live imports of specimens. The Act requires a live specimen to be included on the List of Specimens Taken to be Suitable for Live Import to be eligible for import. This list, established under section 303EB of the EPBC Act, has two parts: Part 1 lists unregulated specimens exempt from the need for an import permit, while Part 2 lists regulated specimens that can be imported with a permit, subject to any restrictions or conditions. The List of Specimens Taken to be Suitable for Live Import Amendment (sterile Codling Moth) Instrument 2021 amends this list by adding sterile Cydia pomonella, commonly known as the Codling Moth, to Part 1. This amendment was introduced in response to an application under section 303EE of the EPBC Act and follows a public consultation period and a review process that included relevant government agencies. The instrument ensures compliance with the EPBC Act's requirements for amending the Live Import List and is deemed compatible with human rights as it does not engage any applicable rights or freedoms.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 List of Specimens taken to be Suitable for Live Import Amendment (sterile Codling Moth) Instrument 2021 applies to the amendment of the List of Specimens Taken to be Suitable for Live Import under the Environment Protection and Biodiversity Conservation Act 1999. This instrument facilitates the inclusion of sterile Cydia pomonella, commonly known as the Codling Moth, into Part 1 of the Live Import List, thereby deeming it suitable for live import without the necessity of an import permit under the EPBC Act. The instrument applies to any person or entity wishing to import sterile Codling Moths for pest control purposes, particularly in agricultural settings where the sterile moths are used to disrupt breeding cycles of pest populations. The amendment extends to the national jurisdiction of Australia and is applicable across all states and territories. The instrument does not explicitly state exclusions or thresholds, but its focus on a specific species implies that it applies solely to the sterile Codling Moth and not to other specimens or species. The application of this instrument may be further detailed or restricted through subordinate instruments issued under the authority of the Minister for the Environment.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) provides for a list of specimens that are considered suitable for live import, known as the Live Import List, which is divided into two parts. Part 1 includes unregulated specimens that do not require an import permit under the EPBC Act, while Part 2 lists regulated specimens that can be imported with a permit, subject to any conditions or restrictions (sections 303EB, 303EC(1)). The Live Import List Amendment (sterile Codling Moth) Instrument 2021 amends Part 1 of this list to include sterile Cydia pomonella, commonly known as the Codling Moth. This change was made following an application under section 303EE of the EPBC Act, which allows individuals to apply for the inclusion of a specimen on the list. The Minister for the Environment must consider any relevant reports or reviews before making such amendments, as outlined in section 303EC(5) of the EPBC Act. Entities and individuals governed by the EPBC Act must adhere to the conditions and restrictions outlined in the Live Import List when importing specimens. For regulated specimens in Part 2, an import permit issued by the Minister is required, and the permit may include specific conditions or restrictions. For unregulated specimens in Part 1, such as the now-listed sterile Codling Moth, no import permit is necessary, but the importer must still comply with any other relevant environmental and biosecurity regulations. These obligations ensure that imports are managed in a manner that protects Australia’s biodiversity and environment. Failure to comply with the conditions set out in the EPBC Act and the Live Import List can result in significant penalties. Offences under the EPBC Act can lead to both civil and criminal penalties. For instance, unauthorised importation of regulated specimens can result in fines of up to $525,000 for individuals and $2.625 million for corporations, as well as potential imprisonment. Similarly, breaches of any conditions attached to an import permit can incur penalties including fines of up to $210,000 for individuals and $1.05 million for corporations, along with potential imprisonment. These penalties underscore the importance of compliance with the Act and the Live Import List to avoid legal repercussions.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.