Agriculture and Related Resources Protection (European House Borer) Regulations 2006 (WA)
Western Australia
Agriculture and Related Resources Protection Act 1976
Western Australia
Western Australia
Agriculture and Related Resources Protection Act 1976Agriculture and Related Resources Protection Act 1976
These regulations are the
(1) In these regulations —
(a) of no commercial value (including off‑cuts, discarded wood or wooden articles, fallen or dead trees or parts of trees and other waste wood); or
(b) intended for use as firewood.
[(2) deleted]
(1) An authorised person may, by written notice, prohibit a person from bringing pinewood into a RMZ if the authorised person is of the opinion that the presence of the pinewood in the RMZ will increase the risk of the spread of EHB.
(2) A person given a notice under subregulation (1) must comply with it.
Penalty: a fine of $1 000.
(1) A person must not remove from a RMZ seasoned pinewood that has been in the RMZ for a period of 72 hours or more unless —
(a) the volume of the pinewood is less than 100 cm
3 ; or(b) at all times while it was in the RMZ (other than while it was being transported), the pinewood was stored in accordance with subregulation (2); or
(c) the pinewood has been treated in accordance with regulation 12(1)(a); or
(d) the pinewood has been treated in accordance with regulation 12(1)(b) or (c) and is removed from the RMZ within 72 hours after being treated; or
(e) in the case of pinewood that is being transported through the RMZ — the pinewood has not remained stationary (whether on a stationary vehicle or having been offloaded) for a period of, or periods totalling, more than 72 hours; or
(f) removal of the pinewood other than in accordance with paragraphs (a) to (e) has been authorised and the pinewood is removed in accordance with the authorisation.
Penalty: a fine of $2 000.
(1a) A person purporting to remove seasoned pinewood from an RMZ in accordance with subregulation (1) must, if requested by an authorised person to do so, provide to the authorised person documentary or other evidence that the relevant paragraph of that subregulation has been complied with.
Penalty: a fine of $2 000.
(2) Pinewood is stored in accordance with this subregulation if —
(a) the pinewood is stored in a suitable building; or
(b) where compliance with paragraph (a) is impractical, the pinewood is kept fully enclosed in plastic wrapping or any other authorised material.
(3) An authorised person may, by giving written notice to the owner or occupier of a building or structure, declare a building or structure to be —
(a) unsuitable for the storage of pinewood; or
(b) unsuitable for the storage of pinewood unless alterations or modifications specified in the notice are made to the building or structure within such reasonable time as is specified in the notice.
(4) In subregulation (2)(a) —
(a) in respect of which no notice has been given under subregulation (3); or
(b) in respect of which a notice has been given under subregulation (3)(b) if the specified alterations or modifications were made within the specified time.
A person must not, during a control period, remove from a RMZ unseasoned pinewood unless the removal has been authorised and the pinewood is removed in accordance with the authorisation.
Penalty: a fine of $2 000.
(1) A person given a notice under regulation 17 must not remove seasoned pinewood from a PMZ unless —
(a) the pinewood has been treated in accordance with regulation 12(1)(a); or
(b) the pinewood has been treated in accordance with regulation 12(1)(b) or (c) and within 72 hours after being treated is removed from —
(i) the PMZ; and
(ii) if the PMZ is located within a RMZ, the RMZ;
or
(c) removal of the pinewood without treatment has been authorised and the pinewood is removed in accordance with the authorisation.
Penalty: a fine of $2 000.
(2) A person purporting to remove seasoned pinewood from a PMZ in accordance with subregulation (1) must, if requested by an authorised person to do so, provide to the authorised person documentary or other evidence that the relevant paragraph of that subregulation has been complied with.
Penalty: a fine of $2 000.
The owner or person in possession of pinewood must not cause it to be brought into or removed from a RMZ or PMZ in contravention of this Part.
Penalty: a fine of $2 000.
(1) An authorisation for the purposes of regulation 4, 5 or 6 is to be given in writing by an authorised person.
(2) An authorisation may be given generally or in relation to a particular case or number or class of cases or for a particular period or otherwise as the authorised person considers appropriate.
(3) An authorisation may be given subject to such conditions, as to the treatment or transportation of the pinewood or otherwise as the authorised person considers appropriate.
A person in possession of unwanted pinewood in a RMZ must, as soon as practicable after coming into possession of the pinewood —
(a) destroy it in accordance with regulation 11;
(b) dispose of it through the domestic waste disposal programme of a local government or regional local government; or
(c) remove it from the RMZ in accordance with regulation 4 or 6 as the case requires.
Penalty: a fine of $2 000.
(1) If there is pinewood on a property in a RMZ an authorised person may give a direction under subregulation (2) if —
(a) the property is in a PMZ; or
(b) the authorised person is of the opinion that the pinewood is, might be, or is likely to become, infested with EHB.
(2) An authorised person may direct the owner or occupier of the property to do any or all of the following —
(a) store the pinewood in a specified manner;
(b) treat the pinewood in accordance with regulation 12;
(c) destroy the pinewood in accordance with regulation 11,
as the authorised person considers appropriate.
(3) A direction under subregulation (2) is to be given in writing to the owner or occupier of the property.
(4) A person given a direction under subregulation (2) must comply with it within the time specified in it, or if no time is specified, within a reasonable time of the direction being given.
Penalty: a fine of $2 000.
Pinewood required to be destroyed in accordance with this regulation is to be —
(a) chipped so that the volume of no piece is greater than 100 cm
3 ; or(b) burned; or
(c) buried more than one metre below the surface of the ground at —
(i) a local government or regional local government waste disposal site; or
(ii) any other site approved by an authorised person.
(1) Pinewood required to be treated in accordance with this regulation is to be —
(a) treated with a preservative in accordance with the Australian Standard AS/NZS 1604 series of Standards relating to the preservative treatment of timber products; or
(b) fumigated with methyl bromide in accordance with subregulation (2); or
(ba) fumigated with another fumigant chemical in a manner approved by an authorised person; or
(c) heated to a core temperature of more than 60°C for not less than 30 minutes.
(2) Fumigation with methyl bromide is in accordance with this subregulation if —
(a) it is carried out —
(i) at a temperature of not less than 10°C; and
(ii) for not less than 24 hours;
and
(b) the concentration of methyl bromide during the fumigation period is not less than that specified in the Table to this subregulation.
≥ 21°C | 48 | 36 | 31 | 28 | 24 |
≥ 16°C but <21°C | 56 | 42 | 36 | 32 | 28 |
≥ 10°C but <16°C | 64 | 48 | 42 | 36 | 32 |
(1) If an authorised person is of the opinion that a person given a direction under regulation 10 has not complied with it, the authorised person may enter the property and carry out all or any of the requirements of the direction.
(2) All expenses incurred by an authorised officer under subregulation (1), together with interest at the rate prescribed for the purposes of section 52(2) of the Act, are a debt due by the person to whom the direction was given to the State, and may be sued for and recovered by the Director General on behalf of the State in a court of competent jurisdiction.
In this Part —
(a) the owner of a building or a person engaged by the owner;
(b) a builder or a person engaged by a builder;
(c) a Minister of the Crown;
(d) an agency or an organisation as those terms are defined in the
Public Sector Management Act 1994 ;(e) a body, corporate or unincorporate, that is established or continued for a public purpose by the State, regardless of the way it is established; or
(f) a local government or regional local government,
to —
(g) assess the structural integrity of the building;
(h) value the building; or
(i) inspect the building for the purposes of a written law relating to the construction, safety or use of buildings or to planning;
(a) forming part of a building; or
(b) in the case of a building under construction, that is on the building site and is to be used to form part of the building.
(1) If —
(a) the owner of a building;
(b) a builder in the course of his or her work; or
(c) a pest controller or building inspector in the course of his or her work,
discovers signs of EHB infestation in structural pinewood, he or she must report the discovery to an authorised person as soon as practicable after making the discovery.
Penalty:
(a) for a pest controller or building inspector — a fine of $500;
(b) for a builder or owner — a fine of $2 000.
(2) A builder who is not the owner of the building must also report the discovery to the owner.
Penalty: a fine of $500.
(3) A pest controller or building inspector must also report the discovery to the owner of the building and, if the building is under construction, the builder.
Penalty: a fine of $500.
A builder or owner who is informed by an authorised person that structural pinewood is infested with EHB must, as soon as practicable after being so informed —
(a) remove the infested pinewood and destroy it in accordance with regulation 11; or
(b) if removal of the pinewood is not practicable, fumigate all structural pinewood forming, or to be used to form, part of the building in accordance with regulation 12(1)(b) or (ba).
Penalty: a fine of $2 000.
(1) As soon as practicable after becoming aware that pinewood is infested with EHB an authorised person must give written notice to the owner or occupier of —
(a) the property on which the pinewood is located; and
(b) each property on which there is pinewood that, because of its proximity to the infested pinewood, is likely to become infested with EHB.
(2) The notice must —
(a) identify the property to which it relates; and
(b) inform the owner or occupier of the restrictions imposed by these regulations.
(1) As soon as practicable after becoming aware of a site where pinewood is infested with EHB the Director General may, by notice published in the
Gazette and in a newspaper circulating in the area, determine an area to be an area within which, because of its proximity to the infested pinewood, the movement of pinewood is to be restricted.(2) The notice must —
(a) identify the area to which it relates; and
(b) provide details of the restrictions imposed by these regulations.
(1) An authorised person may make a request for information under subregulation (3) in relation to any pinewood —
(a) that is, or in the opinion of the authorised person might have been, in an RMZ; or
(b) that, in the opinion of the authorised person, is or might be infested with EHB.
(2) A request for information under subregulation (3) may be made to —
(a) the person in possession of the pinewood; or
(b) a person who, in the opinion of the authorised person, has been or might have been, in possession of the pinewood.
(3) An authorised person may request a person to provide to the authorised person information as to —
(a) the origin of the pinewood;
(b) whether the pinewood has been treated and if so, how and when; and
(c) in a request to a person who is no longer in possession of the pinewood, who took possession of it from the person.
(4) A person given a request under subregulation (3) must comply with it.
Penalty: a fine of $1 000.
(1) An authorised person may, by written notice, require a pinewood dealer to keep written records of pinewood in the dealer’s possession in a RMZ.
(2) The notice is to specify the information that is to be recorded and for how long the records must be kept.
(3) A person given a notice under subregulation (1) —
(a) must comply with it; and
(b) must produce the records for inspection when requested to do so by an authorised person.
Penalty: a fine of $1 000.
(1) The Director General may erect signs in or near a RMZ or PMZ advising the public of the restrictions that apply in the RMZ or PMZ in relation to pinewood.
(2) A person must not, without lawful authority, remove, obscure, damage or otherwise interfere with a sign erected under this regulation.
Penalty: a fine of $500.
(1) The Director General or an authorised person may, in any part of the State, erect or install poles, insect traps, lures or other devices for use in detecting the presence of EHB.
(2) A person must not, without lawful authority, remove, damage, or otherwise interfere with a pole, insect trap, lure or other device erected or installed under this regulation.
Penalty: a fine of $500.
7 Feb 2006 p. 639‑56 | 7 Feb 2006 | |
28 Dec 2007 p. 6477‑84 | r. 1 and 2: 28 Dec 2007 (see r. 2(a)); Regulations other than r. 1 and 2: 29 Dec 2007 (see r. 2(b)) | |
5 Feb 2010 p. 241‑6 | r. 1 and 2: 5 Feb 2010 (see r. 2(a)); Regulations other than r. 1 and 2: 6 Feb 2010 (see r. 2(b)) | |
17 Dec 2010 p. 6403-32 | 18 Dec 2010 (see r. 2(b) and | |
1 Feb 2011 p. 375-6 | r. 1 and 2: 1 Feb 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 2 Feb 2011 (see r. 2(b)(ii)) | |
builder............................................................................................................................... 14
building............................................................................................................................ 14
building inspector........................................................................................................... 14
control period............................................................................................................... 2(1)
EHB................................................................................................................................ 2(1)
pest controller................................................................................................................. 14
pinewood....................................................................................................................... 2(1)
pinewood dealer........................................................................................................... 2(1)
PMZ............................................................................................................................... 2(1)
priority management zone........................................................................................... 2(1)
restricted movement zone........................................................................................... 2(1)
RMZ............................................................................................................................... 2(1)
seasoned pinewood..................................................................................................... 2(1)
structural pinewood....................................................................................................... 14
suitable building........................................................................................................... 4(4)
unseasoned pinewood................................................................................................ 2(1)
unwanted pinewood.................................................................................................... 2(1)
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