Closing Australia’s Quarantine Loophole to New Weeds WWF-Australia Issues Paper A Report by Andreas Glanznig WWF-Australia January 2005 WWF is one of the world's largest and most experienced independent conservation organizations, with almost 5 million supporters and a global network active in more than 90 countries. WWF-Australia's mission is to conserve biodiversity in Australia and the Oceania Region. With the help of more than 50,000 supporters across Australia, we are currently working on 180 projects across the region, employing more than 80 people, and raising and investing around $10 million annually in conservation activities. © WWF-Australia 2005. All Rights Reserved. ISBN 1 875941 81 9 Author: Andreas Glanznig, Biodiversity Policy Manager, WWF-Australia WWF-Australia Head Office Level 13, 235 Jones St Ultimo NSW 2007 Tel: +612 9281 5515 Fax: +612 9281 1060 www.wwf.org.au Published in January 2005 by WWF-Australia. Any reproduction in full or part of this publication must mention the title and credit the above mentioned publisher as the copyright owner. First published 2005 For bibliographic purposes this paper should be cited as: Glanznig, A. 2005. Closing Australia’s Quarantine Loophole to New Weeds. WWF-Australia, Sydney. Printed on FSC-certified paper. For copies of this paper, please contact us on [email protected] or call (02) 9281 5515 World Wide Fund for Nature ABN: 57 001 594 074 Acknowledgements Permission to use a range of Weeds CRC information in this paper is acknowledged. Permission to use the bear skin fescue image of The Weekly Times is acknowledged. 2 Closing Australia’s Quarantine Loophole to New Weeds – A WWF-Australia Issues Paper Contents Introduction 4 Background and Issues 4 A Policy of Prevention Outline of Quarantine Legislation and Procedures Nature and Extent of the Quarantine Loophole Invasion Pathway Risks Associated with the Quarantine Loophole Invasion Pathway Selected Stakeholder Positions The Way Forward 13 WWF-Australia 3 Step Plan Compliance with World Trade Organisation Instruments New Developments in the Australian Government Position Conclusion 16 References 17 Appendix 1: The 25 Permitted Genera Containing Some of the Most 19 Serious Weeds Appendix 2: Key WTO and IPPC Provisions With Respect to the 21 Proposed Elimination of Genera from Australia’s Existing Permitted List Boxes 1 Import of known weed through loophole: the example of Bear-skin 8 fescue 2 The case of kochia (Bassia scoparia)11 3 The case of Mexican feather grass (Nassella tenuissima)11 Figures 1 AQIS procedure followed for importation of non-native plants into Australia 5 2 Potential distribution of Festuca gautieri as determined by ‘Climate’ 9 3 Bear skin fescue on sale in a Victorian wholesale nursery (Nov. 2004) 9 4 Change in the rate of detection of quarantine (prohibited) weeds after 10 exempt genera removed Tables 1 List of WONS nominees and the number of same genus weedy species 7 on the AQIS Schedule 5 Permitted List that are not yet present in Australia Closing Australia’s Quarantine Loophole to New Weeds – A WWF-Australia Issues Paper 3 Introduction The purpose of this paper is to provide an overview of the quarantine law loophole issue that currently permits the legal importation of over 125,000 plant species – nearly half of all plant species on Earth – with no weed risk assessment. This includes at least 6,420 weeds that are currently not present in Australia, comprising many serious agricultural and environmental weeds. Action to remove the risk associated with this invasion pathway is the single most cost- effective intervention that the Australian Government can take to prevent new weed invasions. The paper outlines the current national and Australian Government policy in relation to import of plant species into Australia, identifies the quarantine legislation and procedures in place to implement this policy, summarises the nature and extent of the quarantine law loophole in relation to import of new plant species, describes the risks and potential impacts associated with this loophole, and finally proposes a way forward and compares it to new developments in the Australian Government position. It synthesises a range of recent information on the quarantine law loophole issue, and includes substantive excerpts from the following documents: Spafford-Jacob, Randall and Lloyd (2004), Panetta (2005), McFadyen (2005), Martin (2005b, 2005b) and Jenkins (2005). Background A Policy of Prevention The Australian, State and Territory governments have long recognised the importance of preventing new weed problems. In 1997 the National Weed Strategy was adopted after an agreement in 1991 between Commonwealth, State and Territory ministers that such a plan was necessary to “reduce the impact of weeds on the sustainability of Australia’s productive capacity and natural ecosystems” (Agriculture and Resource Management Council of Australia and New Zealand [ARMCANZ] et al., 1999). Revised in 1999, the National Weed Strategy (ARMCANZ et al, 1999) recognises that “prevention and early intervention are the most cost effective techniques that can be deployed against weeds.” Consequently, the first goal is to prevent the development of new weed problems, which includes an objective (1.1) to prevent the introduction of new plant species with weed potential by strengthening import entry protocols for assessing all new plant imports. The agreed timetable for completion of actions to achieve this National Weed Strategy objective was set out in the National Objectives and Targets for Biodiversity Conservation, 2001-2005 (Commonwealth of Australia, 2001). Target 4.1.1: By 2001, the import of all new live organisms is subject to a risk-based assessment process that identifies the conditions necessary to minimise threats to the environment. Target 4.1.2: By 2001, no new non-native species are deliberately introduced into Australia unless assessed as being of low risk to the environment (CoA 2001:17). 4 Closing Australia’s Quarantine Loophole to New Weeds – A WWF-Australia Issues Paper Furthermore, the Liberal-National Party Coalition included an explicit commitment to “contribute to achieving the biodiversity targets” in their 2001 Federal election environment policy, A Better Environment (Liberal-National Party Coalition 2001). Outline of Quarantine Legislation and Procedures Australia’s border control efforts are divided between the Australian Quarantine Inspection Service (AQIS), which is responsible for border control, and Biosecurity Australia which determines what material is allowed across the border. Activities of AQIS are legislated by the Commonwealth Quarantine Act 1908. The Quarantine Act 1908 has as its stated aim “the prevention or control of the introduction, establishment or spread of diseases or pests that will or could cause significant damage to human beings, animals, plants, or other aspects of the environment or economic activities” (SCALEplus, 2004). Section 13 of the Quarantine Act 1908 allow for the development of the Quarantine Proclamation which specifically identifies the plants that are permitted, prohibited, and restricted from importation into Australia. From July 1998, under revised quarantine legislation (Quarantine Proclamation 1998) all plants are prohibited from entering Australia until they are assessed and/or appeared on the permitted seeds list (referred hereafter as the Permitted List) set up under Schedule 5 of the Quarantine Proclamation 1998. Those plant species that appeared on Schedule 4, Part 2 of the Proclamation are considered quarantine pests and are prohibited imports (hereafter referred as the Prohibited List). The Permitted List is part of a three-part system to regulate importation of plants (see Figure below): 1. The Permitted List: a list of plant species whose seeds are allowed into Australia; 2. The Prohibited List: a list of plant species whose seed and/or plant parts are not allowed into Australia; and 3. Weed Risk Assessment: a scientific risk assessment process for any new plants proposed for import. The species are evaluated for potential weediness and if determined to be of low risk the species is then placed on the Permitted List. If determined to be high risk then the species is prohibited. A decision may be delayed if there is insufficient information to determine the risk. Figure 1: AQIS procedure followed for importation of non-native plants into Australia Application to Import a Plant is Submitted to AQIS Permitted List Weed Risk Assessment Prohibited List Require more information Plant Enters Australia Plant Refused Entry to Australia Source: Spafford-Jacob, Randall and Lloyd (2004:3) Closing Australia’s Quarantine Loophole to New Weeds – A WWF-Australia Issues Paper 5 Nature and Extent of the Quarantine Loophole Invasion Pathway Schedule 5 (Permitted List) of the Quarantine Proclamation 1998 currently contains a significant loophole. The Permitted List currently includes over 6,600 entries. These listings allow the importation of seeds of particular species, as well as a large number of species included in species groups or ‘genera’. The inclusion of genera on the Permitted Seeds List is the source of the loophole. There are currently 2,916 permitted genera on the List, which includes thousands of known weedy plant species all of which are not required to undergo any kind of weed risk assessment and can be imported into Australia without impediment. This substantial weakness undermines both the intent and purpose of the Permitted List and Weed Risk