Agriculture and Related Resources (Declared Plants and Restricted Animals) Regulations 1982 (WA)
Western Australia
Agriculture and Related Resources Protection Act 1976
These regulations were repealed by the
Western Australia
Western Australia
Agriculture and Related Resources Protection Act 1976Agriculture and Related Resources Protection Act 1976
These regulations may be cited as the
These regulations shall come into operation on the 28th day after the day on which they are published in the
(1) In these regulations unless the contrary intention appears —
(2) The definitions set out in section 71(1) of the Act apply to these regulations.
Notice given for the purposes of section 74(1)(a) of the Act may be given orally or in writing.
(1) No person shall bring into the State from elsewhere any restricted animal unless —
(a) throughout the period subsequent to the time of inspection referred to in the certificate signed by an inspector of the Department of Agriculture in the State from which it was consigned, the animal was held in a place or yard which, and the immediate surrounding area of which, was free from declared plants; and
(b) the removal from the place of inspection was carried out by road transport or by rail.
Penalty: a fine of $2 000.
(2) If, on arrival in Western Australia, the length of wool or hair on any part of the body of a sheep, goat or other restricted animal exceeds 20 millimetres an inspector shall by notice in the form of Form 2 in the Schedule require the animal to be shorn unless he certifies in writing that he is satisfied no prohibited material is present.
(1) Any animal or thing delivered into the custody of an inspector in accordance with section 74 of the Act shall be held for such time as is necessary for inspection, shearing, cleansing or destruction.
(2) Where any animal or thing is found to carry or contain any prohibited material and is detained in accordance with section 73 of the Act, an inspector may, by notice in the form of Form 2 in the Schedule, require the owner, consignor, consignee or person in possession or control of that animal or thing to destroy it or to cleanse it of prohibited material within the time specified in that notice.
(3) A person who is unwilling to comply with the requirements of a notice to destroy or cleanse any animal or thing of prohibited material may instead —
(a) arrange with an inspector for its release on condition that it be exported from the State;
(b) within the time specified in that notice, return the animal or thing to a part of the State approved by an inspector; or
(c) enter into a contract with the Director General to have such destruction or cleansing carried out, for and at the expense of such person, at a charge determined by the Director General from time to time.
(1) Where a notice given under regulation 7 is not complied with within the time specified, an inspector shall —
(a) cause the animal or thing to be cleansed of prohibited material and sold in accordance with regulation 11; or
(b) subject to the provisions of regulation 10, cause the animal or thing to be slaughtered or destroyed.
(2) Where any animal is slaughtered under subregulation (1) an inspector shall cause the carcass to be sold for the best price that can reasonably be obtained.
Where a coat is shorn under these regulations or is taken with the skin of any animal slaughtered under these regulations, the coat shall be baled and the bale shall be marked with an identifying mark and remain under the control of an inspector until exported, removed under his approval or destroyed.
(1) If an inspector has reasonable grounds to believe that —
(a) there is no apparent reason why an animal or thing should not be slaughtered or destroyed; and
(b) the costs and charges of and incidental to the cleansing of that animal or thing would be likely to exceed the net proceeds of the sale of it by the best reasonable means,
he may cause it to be slaughtered or destroyed and no compensation shall be payable.
(2) In considering whether or not any course of action would be economic, or whether or not any animal or thing should be slaughtered or destroyed, an inspector shall have regard to —
(a) the facilities and time available or required;
(b) the costs and charges of and incidental to the proposed course of action and any reasonable alternative procedure; and
(c) the intrinsic value of that animal or thing and the adequacy of its replacement by a cash value.
(1) Where any animal or thing is to be sold under these regulations it shall normally be disposed of by public auction, but where in the usual course of trading a different method of disposal would be reasonable and not manifestly unfair to the owner an inspector may take such action as he thinks fit to obtain the best practicable price.
(2) After deduction by the Director General of all reasonable and necessary costs, charges and expenses, the balance of the proceeds of a sale made under these regulations shall be paid to the owner of the animal or thing sold and if the owner cannot be found shall be deposited with the Treasurer of the State.
(1) The owner, consignor, consignee and person in possession shall be jointly and severally liable for the costs, charges and expenses incurred by an inspector under these regulations in respect of the cleansing, sale, destruction or treatment of any animal or thing, in addition to any penalty that may be imposed for breach of these regulations.
(2) The amount of expenses for which a person is liable under these regulations shall be recoverable by the Director General on behalf of the State in a court of competent jurisdiction as a debt due to the State, and a certificate to that effect by the Director General is prima facie evidence that the amount is properly payable.
Western Australia
AGRICULTURE AND RELATED RESOURCES PROTECTION ACT 1976
Agriculture and Related Resources (Declared Plants and Restricted Animals) Regulations 1982
Regulation 6
(a) Full name To (a) Mr.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
(b) Address of (b). .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
being the
Consignment. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
Description. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .
Identification. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
Number. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
Origin. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .
Consignee. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
Signed. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
Inspector
Date. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
(c) & (d) Delete if inapplicable | The above items have been found to — (c) contain prohibited material, namely. .. .. .. .. .. .. .. .. .. .. . (d) have wool or hair in excess of 20 millimetres. .. .. .. .. .. .. . |
______________________________________________________________________
DETENTION OF CONSIGNMENT
Stock
(e) Date The above animals shall remain under the control of an inspector until (e) . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. in which period they must be satisfactorily —
(f) Delete if inapplicable | (f) | cleansed shorn destroyed |
Signed. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
Inspector
Date. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
Other Consignments.
(g) Date The above consignment shall remain under the control of an inspector until (g). .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . in which period it must be satisfactorily cleansed or destroyed.
NOTE:
Any person unwilling to comply with the requirements of this notice may with the approval of an inspector export the consignment from the State or may return it to a part of the State approved by an inspector within the time specified in the notice.
______________________________________________________________________
RELEASE OF CONSIGNMENT
The above consignment is
* free from declared plants and may enter
Western Australia /* (h) Specify not free from declared plants and is to be exported from the State
place or returned to (h). .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
within
SIGNED. .. .. .. .. .. .. .. .. .. .. .. .. . .
Inspector
DATE. .. .. .. .. .. .. .. .. .. .. .. .. .. . .
29 Oct 1982 p. 4357‑61 | 26 Nov 1982 (see r. 2) | |
7 Jan 1983 p. 35 | 7 Jan 1983 | |
25 Feb 1983 p. 734‑5 | 25 Feb 1983 | |
3 Aug 1984 p. 2333 | 31 Aug 1984 (see r. 2) | |
18 Oct 1991 p. 5325‑6 | 18 Oct 1991 | |
17 Dec 2010 p. 6403-32 | 18 Dec 2010 (see r. 2(b) and | |
On and from the commencement day —
(a) any fees payable under a regulation repealed under regulation 137 and outstanding on the commencement day are to be regarded as payable under these regulations at the time, and in the manner, in which the fees would have been payable under the repealed regulation and may be recovered accordingly; and
(b) any expenses recoverable under a regulation repealed under regulation 137 and outstanding on the commencement day may be recovered under regulation 128.
Penalty: a fine of $10 000.
On and from the commencement day any notice given under the
inspector....................................................................................................................... 4(1)
regulation...................................................................................................................... 4(1)
Schedule....................................................................................................................... 4(1)
subregulation............................................................................................................... 4(1)
the Act........................................................................................................................... 4(1)
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