Controlling Invasive Species: Managing Risks to Australia's Agricultural Sustainability and Biodiversity Protection

Abstract

Previously, Australia relied primarily upon stringent quarantine controls on imported plant and animal goods to prevent the entry of invasive species. However, the recent introduction of new international rules supervised by the World Trade Organisation, requiring national authorities to demonstrate a 'sound scientific basis' for quarantine measures implemented for plant or animal health purposes, may make it difficult for Australia to rely as heavily upon quarantine as it has done in the past. It is in this context that this article assesses the existing domestic legal and institutional framework for invasive species control as a factor of growing significance for the management of Australia's biodiversity and agricultural sustainability. The overview of the current Australian regulatory framework illustrates the widely disparate approaches to invasive species control at a state and territory level and the significant gaps and inconsistencies within each jurisdiction and across jurisdictions. In part, the disparity in regulatory approaches reflects ambiguities in the scientific term 'invasive species', leading to variability in the meaning of the term' invasive' when used in legislation and policy. Historically, also, the main focus of invasive species regulation has been upon the control of agricultural pests in primary industries, which produced a management framework at state government level predominantly concerned with identifying and managing single pest species in the context of agricultural production. By contrast, the Commonwealth Government's role has largely been confined to 'indirect governance' in the form of providing policy coordination and funding incentives. While the need to move to a holistic, environmental management focus is clearly recognised - and there are recent efforts in this direction - the scope of the risks associated with invasive species in Australia arguably requires not only greater institutional co-ordination but also a significant change towards a nationally-led proactive regulatory approach. This article analyses the extent to which the current legislative and regulatory framework has adopted best practice environmental management principles to this end, as well as recent recommendations for an enhanced national strategy emanating from the Senate Inquiry considering amendments to the federal Environmental Protection and Biodiversity Conservation Act 1999, Cth [EPBC Act]. The Senate Inquiry recommended reforms, which while they signal a move toward a more coherent national framework, arguably do not go far enough in addressing the growing risks posed by invasive species. In particular, the recommended reforms neglect the opportunity offered by the EPBC Act to define a decisive role for the Commonwealth in invasive species regulation, guided by well-accepted environmental principles that promote long-term sustainability.