Agriculture and Related Resources Protection (Repeals and Amendments) Regulations 2010 (WA)

!201000241GG!

WESTERN	6403
AUSTRALIAN
GOVERNMENT

ISSN 1448-949X PRINT POST APPROVED PP665002/00041

PERTH, FRIDAY, 17 DECEMBER 2010 No. 241 SPECIAL

PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 4.00 PM

© STATE OF WESTERN AUSTRALIA

AGRICULTURE AND RELATED RESOURCES PROTECTION

ACT 1976

_________

AGRICULTURE AND RELATED

RESOURCES PROTECTION

(REPEALS AND AMENDMENTS)

REGULATIONS 2010

17 December 2010 GOVERNMENT GAZETTE, WA 6405

Western Australia

Agriculture and Related Resources Protection (Repeals and Amendments) Regulations 2010

CONTENTS

Part 1 — Preliminary

1.             Citation

2.             Commencement

Part 2 — Repeals

3.             Regulations repealed

Part 3 — Agriculture and Related

Resources (Declared Plants and
Restricted Animals)
Regulations 1982 amended

4.             Regulations amended

5.             Regulation 4 amended

6.             Regulation 5 replaced

5. Notice of intention to bring consignment into State

7.             Regulation 6 amended

8.             Regulation 12 amended

9.             Schedule amended

10.           Other amendments

6406 GOVERNMENT GAZETTE, WA 17 December 2010

Agriculture and Related Resources Protection (Repeals and Amendments)

Regulations 2010

Contents

Part 4 — Agriculture and Related

Resources (Searches for Declared
Plants and Animals)
Regulations 2003 amended

11.           Regulations amended

12.           Regulation 5 amended

Part 5 — Agriculture and Related

Resources Protection (Declared
Animals) Regulations 1985
amended

13.           Regulations amended

14.           Regulation 11 amended

15.           Regulation 17 amended

16.           Various penalties amended

17.           Various references to “Protection Board” amended

18.           Other amendments

Part 6 — Agriculture and Related

Resources Protection (European
House Borer) Regulations 2006
amended

19.           Regulations amended

20.           Regulation 13 amended

21.           Regulation 18A amended

22.           Regulation 20 amended

23.           Regulation 21 amended

Part 7 — Agriculture and Related

Resources Protection (Fencing)
Regulations 1985 amended

24.           Regulations amended

25.           Regulation 2 amended

26.           Various penalties amended

27.           Various references to “Protection Board” amended

28.           Other amendments

17 December 2010 GOVERNMENT GAZETTE, WA 6407

Agriculture and Related Resources Protection (Repeals and Amendments)

Regulations 2010

Contents

Part 8 — Agriculture and Related

Resources Protection
(Interference with Experiments)
Regulations 1980 amended

29.           Regulations amended

30.           Regulation 4 amended

31.           Regulation 9 amended

32.           Other amendments

Part 9 — Agriculture and Related

Resources Protection (Poison)
Regulations 1983 amended

33.           Regulations amended

34.           Various penalties amended

Part 10 — Agriculture and Related Resources Protection (Property Quarantine) Regulations 1981 amended

35.           Regulations amended

36.           Various penalties amended

37.           Other amendments

Part 11 — Agriculture and Related

Resources Protection (Small Hive
Beetle) Regulations 2009
amended

38.           Regulations amended

39.           Regulation 6 amended

40.           Regulation 11 amended

41.           Regulation 13 amended

6408 GOVERNMENT GAZETTE, WA 17 December 2010

Agriculture and Related Resources Protection (Repeals and Amendments)

Regulations 2010

Contents

Part 12 — Agriculture and Related

Resources Protection (Spraying
Restrictions) Regulations 1979
amended

42.           Regulations amended

43.           Regulation 4 amended

44.           Regulation 5 amended

45.           Regulation 6 amended

Part 13 — Agriculture and Related

Resources Protection (Traps)
Regulations 1982 amended

46.           Regulations amended

47.           Regulation 6 amended

48.           Regulation 7 amended

17 December 2010 GOVERNMENT GAZETTE, WA 6409

Agriculture and Related Resources Protection Act 1976

Agriculture and Related Resources Protection (Repeals and Amendments) Regulations 2010

Made by the Governor in Executive Council.

Part 1 — Preliminary

1.             Citation

These regulations are the Agriculture and Related Resources
Protection (Repeals and Amendments) Regulations 2010.

2.             Commencement

These regulations come into operation as follows —

(a)	Part 1 — on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations — on the day on which the Agriculture and Related Resources Protection Amendment Act 2010 section 11 comes into operation.

6410 GOVERNMENT GAZETTE, WA 17 December 2010

Agriculture and Related Resources Protection (Repeals and Amendments)

Regulations 2010

Part 2	Repeals
r. 3

Part 2 — Repeals

3.             Regulations repealed

These regulations are repealed:

(a)	the Agriculture and Related Resources Protection (Authorities and Committees) Regulations 1980;
(b)	the Agriculture and Related Resources Protection (Payment for Destruction of Declared Animals) Regulations.

17 December 2010 GOVERNMENT GAZETTE, WA 6411

Agriculture and Related Resources Protection (Repeals and Amendments)

Regulations 2010

Agriculture and Related Resources (Declared Plants and Part 3

Restricted Animals) Regulations 1982 amended

r. 4

Part 3 — Agriculture and Related Resources (Declared
Plants and Restricted Animals)
Regulations 1982 amended

4.             Regulations amended

This Part amends the Agriculture and Related Resources
(Declared Plants and Restricted Animals) Regulations 1982.

5.             Regulation 4 amended

In regulation 4(1) insert in alphabetical order:

inspector includes an authorised person;

6.             Regulation 5 replaced

Delete regulation 5 and insert:

5.             Notice of intention to bring consignment into State

Notice given for the purposes of section 74(1)(a) of the
Act may be given orally or in writing.

7.             Regulation 6 amended

In regulation 6(1) delete the Penalty and insert:

Penalty: a fine of $2 000.

8.             Regulation 12 amended

(1) In regulation 12(1) delete “to the Protection Board”.

6412 GOVERNMENT GAZETTE, WA 17 December 2010

Agriculture and Related Resources Protection (Repeals and Amendments)

Regulations 2010

Part 3	Agriculture and Related Resources (Declared Plants and Restricted Animals) Regulations 1982 amended
r. 9

(2) In regulation 12(2) —

(a) delete “by the Protection Board in” and insert:

by the Director General on behalf of the State in

(b) delete “to the Protection Board” and insert:

to the State

(c) delete “Protection Board shall be” and insert:

Director General is

9.             Schedule amended

Delete the Schedule Form No. 1.

10.           Other amendments

Amend the provisions listed in the Table as set out in the Table.

Table

Provision	Delete	Insert
r. 7(3)(c)	Protection Board	Director General
(each occurrence)
r. 11(2)	Protection Board	Director General
Sch. Form No. 2	Agriculture Protection Board
(each occurrence)

17 December 2010 GOVERNMENT GAZETTE, WA 6413

Agriculture and Related Resources Protection (Repeals and Amendments)

Regulations 2010

Agriculture and Related Resources (Searches for Declared Part 4

Plants and Animals) Regulations 2003 amended

r. 11

Part 4 — Agriculture and Related Resources (Searches
for Declared Plants and Animals)
Regulations 2003 amended

11.           Regulations amended

This Part amends the Agriculture and Related Resources
(Searches for Declared Plants and Animals) Regulations 2003.

12.           Regulation 5 amended

In regulation 5(2) —

(a) in paragraph (a) delete “Protection Board” and insert:

State

(b) in paragraph (b) after “recovered” insert:

by the Director General on behalf of the State

Note:	The heading to amended regulation 5 is to read:
Searches and recovery of costs

6414 GOVERNMENT GAZETTE, WA 17 December 2010

Agriculture and Related Resources Protection (Repeals and Amendments)

Regulations 2010

Part 5	Agriculture and Related Resources Protection (Declared Animals) Regulations 1985 amended
r. 13

Part 5 — Agriculture and Related Resources Protection
(Declared Animals) Regulations 1985 amended

13.           Regulations amended

This Part amends the Agriculture and Related Resources
Protection (Declared Animals) Regulations 1985.

14.           Regulation 11 amended

(1) At the end of regulation 11(1) insert:

Penalty: a fine of $1 000.

(2) At the end of regulation 11(2) insert:

Penalty: a fine of $1 000.

(3) At the end of regulation 11 delete the Penalty.

15.           Regulation 17 amended

(1) At the end of regulation 17(1) insert:

Penalty: a fine of $1 000.

(2) At the end of regulation 17(2) insert:

Penalty: a fine of $1 000.

17 December 2010 GOVERNMENT GAZETTE, WA 6415

Agriculture and Related Resources Protection (Repeals and Amendments)

Regulations 2010

Agriculture and Related Resources Protection (Declared Part 5

Animals) Regulations 1985 amended

r. 16

(3) At the end of regulation 17(3) insert:

Penalty: a fine of $1 000.

(4) At the end of regulation 17 delete the Penalty.

16.           Various penalties amended

Amend the provisions listed in the Table as set out in the Table.

Table

Provision	Delete	Insert
r. 4(3)	$200	a fine of $2 000
r. 8	$200	a fine of $2 000
r. 9(2)	$100	a fine of $1 000
r. 9(4)	$100	a fine of $1 000
r. 12	$500	a fine of $2 000
r. 13(4)	$200	a fine of $2 000
r. 18	$100	a fine of $1 000
r. 21	$200	a fine of $2 000

17.           Various references to “Protection Board” amended

In the provisions listed in the Table delete “Protection Board”
(each occurrence) and insert:

Director General 

6416 GOVERNMENT GAZETTE, WA 17 December 2010

Agriculture and Related Resources Protection (Repeals and Amendments)

Regulations 2010

Part 5	Agriculture and Related Resources Protection (Declared Animals) Regulations 1985 amended
r. 18

Table

r. 4(1), (2)(c)(iv) and (3)	r. 5
r. 6	r. 7
r. 9(1), (2), (3) and (4)	r. 10(1) and (2)
r. 12	r. 13(1)(a), (2)(c)(vi) and (4)
r. 14(1)	r. 15(1) and (2)
r. 16(1)	r. 16A
r. 18	r. 19(1) and (3)
r. 20	r. 21(b)
Sch. 2 it. 1

18.           Other amendments

Amend the provisions listed in the Table as set out in the Table.

Table

Provision	Delete	Insert
r. 7(c)	to it	to the Director General
r. 9(3)	its
r. 10(1)	it shall	the Director General must
r. 10(2)	it considers	the Director General considers

17 December 2010 GOVERNMENT GAZETTE, WA 6417

Agriculture and Related Resources Protection (Repeals and Amendments)

Regulations 2010

Agriculture and Related Resources Protection (Declared Part 5

Animals) Regulations 1985 amended

r. 18

Provision	Delete	Insert
r. 10(2)	it may	the Director General may
r. 15(1)	its satisfaction	the Director General’s satisfaction
r. 16(1)(c)	to it	to the Director General
Sch. 1 Form 3	Agriculture Protection	Department of
Board	Agriculture and Food

6418 GOVERNMENT GAZETTE, WA 17 December 2010

Agriculture and Related Resources Protection (Repeals and Amendments)

Regulations 2010

Part 6	Agriculture and Related Resources Protection (European House Borer) Regulations 2006 amended
r. 19

Part 6 — Agriculture and Related Resources Protection
(European House Borer) Regulations 2006 amended

19.           Regulations amended

This Part amends the Agriculture and Related Resources
Protection (European House Borer) Regulations 2006.

20.           Regulation 13 amended

In regulation 13(2) delete “Protection Board, and may be sued
for and recovered” and insert:

State, and may be sued for and recovered by the Director
General on behalf of the State

21.           Regulation 18A amended

In regulation 18A(1) delete “Chief Officer” and insert:

Director General

22.           Regulation 20 amended

In regulation 20(1) delete “Chief Officer” and insert:

Director General

17 December 2010 GOVERNMENT GAZETTE, WA 6419

Agriculture and Related Resources Protection (Repeals and Amendments)

Regulations 2010

Agriculture and Related Resources Protection (European Part 6

House Borer) Regulations 2006 amended

r. 23

23.           Regulation 21 amended

In regulation 21(1) delete “Chief Officer” and insert:

Director General

6420 GOVERNMENT GAZETTE, WA 17 December 2010

Agriculture and Related Resources Protection (Repeals and Amendments)

Regulations 2010

Part 7	Agriculture and Related Resources Protection (Fencing) Regulations 1985 amended
r. 24

Part 7 — Agriculture and Related Resources Protection
(Fencing) Regulations 1985 amended

24.           Regulations amended

This Part amends the Agriculture and Related Resources
Protection (Fencing) Regulations 1985.

25.           Regulation 2 amended

Delete regulation 2(2).

26.           Various penalties amended

Amend the provisions listed in the Table as set out in the Table.

Table

Provision	Delete	Insert
r. 5	$200	a fine of $2 000
r. 8	$200	a fine of $2 000
r. 9(1)	$200	a fine of $2 000
r. 10	$200	a fine of $2 000
r. 11	$200	a fine of $2 000

17 December 2010 GOVERNMENT GAZETTE, WA 6421

Agriculture and Related Resources Protection (Repeals and Amendments)

Regulations 2010

Agriculture and Related Resources Protection (Fencing) Part 7

Regulations 1985 amended

r. 27

27.           Various references to “Protection Board” amended

In the provisions listed in the Table delete “Protection Board”
(each occurrence) and insert:

Director General 

Table

r. 2(1) def. of approved	r. 3(1)
r. 5	r. 8(d)
r. 10	r. 12 def. of permit
r. 15(2)	Sch. cl. 1

Note:	The heading to amended regulation 3 is to read:
Powers of Director General

28.           Other amendments

Amend the provisions listed in the Table as set out in the Table.

Table

Provision	Delete	Insert
r. 3(2)	Protection Board	department
r. 4	erected by the	erected under these
Protection Board	regulations
r. 4	exercised by the	exercised by the
Protection Board	Director General
which	who

6422 GOVERNMENT GAZETTE, WA 17 December 2010

Agriculture and Related Resources Protection (Repeals and Amendments)

Regulations 2010

Part 7	Agriculture and Related Resources Protection (Fencing) Regulations 1985 amended
r. 28

Provision	Delete	Insert
r. 11	property of the	property of the State
Protection Board
r. 11	approval of the	approval of the
Protection Board	Director General
r. 12 def. of	Chief Officer	Director General
certificate
r. 14(1)	Chief Officer	Director General
r. 15(2)	Chief Officer	Director General

17 December 2010 GOVERNMENT GAZETTE, WA 6423

Agriculture and Related Resources Protection (Repeals and Amendments)

Regulations 2010

Agriculture and Related Resources Protection (Interference Part 8

with Experiments) Regulations 1980 amended

r. 29

Part 8 — Agriculture and Related Resources Protection
(Interference with Experiments)
Regulations 1980 amended

29.           Regulations amended

This Part amends the Agriculture and Related Resources
Protection (Interference with Experiments) Regulations 1980.

30.           Regulation 4 amended

In regulation 4 delete the Penalty and insert:

Penalty: a fine of $1 000.

31.           Regulation 9 amended

In regulation 9(1) delete the Penalty and insert:

Penalty: a fine of $1 000.

32.           Other amendments

Amend the provisions listed in the Table as set out in the Table.

Table

Provision	Delete	Insert
r. 3(1)	Protection Board	Director General
r. 4(a)	Protection Board	department
r. 4(c)	occupier of, such	occupier of such
r. 5(1)	Protection Board	Director General

6424 GOVERNMENT GAZETTE, WA 17 December 2010

Agriculture and Related Resources Protection (Repeals and Amendments)

Regulations 2010

Part 8	Agriculture and Related Resources Protection (Interference with Experiments) Regulations 1980 amended
r. 32

Provision	Delete	Insert
r. 5(1)	it sees	the Director General thinks
r. 6	Protection Board	Director General

17 December 2010 GOVERNMENT GAZETTE, WA 6425

Agriculture and Related Resources Protection (Repeals and Amendments)

Regulations 2010

Agriculture and Related Resources Protection (Poison) Part 9

Regulations 1983 amended

r. 33

Part 9 — Agriculture and Related Resources Protection
(Poison) Regulations 1983 amended

33.           Regulations amended

This Part amends the Agriculture and Related Resources
Protection (Poison) Regulations 1983.

34.           Various penalties amended

Amend the provisions listed in the Table as set out in the Table.

Table

Provision	Delete	Insert
r. 6	$200	a fine of $2 000
r. 7(1)	$200	a fine of $2 000
r. 8(1)	$200	a fine of $2 000
r. 8(2)	$200	a fine of $2 000
r. 9	$200	a fine of $2 000
r. 10	$200	a fine of $2 000

6426 GOVERNMENT GAZETTE, WA 17 December 2010

Agriculture and Related Resources Protection (Repeals and Amendments)

Regulations 2010

Part 10	Agriculture and Related Resources Protection (Property Quarantine) Regulations 1981 amended
r. 35

Part 10 — Agriculture and Related Resources Protection

(Property Quarantine) Regulations 1981 amended

35.           Regulations amended

This Part amends the Agriculture and Related Resources
Protection (Property Quarantine) Regulations 1981.

36.           Various penalties amended

Amend the provisions listed in the Table as set out in the Table.

Table

Provision	Delete	Insert
r. 3(4)	$500	a fine of $2 000
r. 4(4)	$400	a fine of $2 000
r. 5(1)	$500	a fine of $2 000
r. 5(2)	$400	a fine of $2 000
r. 6(2)	$400	a fine of $2 000
r. 8(2)	$1 000	a fine of $2 000

37.           Other amendments

Amend the provisions listed in the Table as set out in the Table.

17 December 2010 GOVERNMENT GAZETTE, WA 6427

Agriculture and Related Resources Protection (Repeals and Amendments)

Regulations 2010

Agriculture and Related Resources Protection (Property Part 10

Quarantine) Regulations 1981 amended

r. 37

Table

Provision	Delete	Insert
r. 4(1)	Chief Officer or	Director General
Deputy Chief Officer (each occurrence)
r. 4(1)(b)	Chief Officer or a	Director General
Deputy Chief Officer
r. 6(3)	Protection Board	Director General on
(first occurrence)	behalf of the State
r. 6(3)	Protection Board	State
(second occurrence)
r. 9(1)	Protection Board	Director General
r. 9(2)	Protection Board	Director General
r. 10(1)	Protection Board	Director General
r. 10(4)(a)	Protection Board	Director General
r. 10(4)(b)	Chief Officer	Director General
(each occurrence)

6428 GOVERNMENT GAZETTE, WA 17 December 2010

Agriculture and Related Resources Protection (Repeals and Amendments)

Regulations 2010

Part 11	Agriculture and Related Resources Protection (Small Hive Beetle) Regulations 2009 amended
r. 38

Part 11 — Agriculture and Related Resources Protection

(Small Hive Beetle) Regulations 2009 amended

38.           Regulations amended

This Part amends the Agriculture and Related Resources
Protection (Small Hive Beetle) Regulations 2009.

39.           Regulation 6 amended

In regulation 6(1) delete “Chief Officer” and insert:

Director General

40.           Regulation 11 amended

In regulation 11(2) delete “Protection Board and may be sued
for and recovered” and insert:

State and may be sued for and recovered by the Director
General on behalf of the State

41.           Regulation 13 amended

In regulation 13(1) delete “Chief Officer” and insert:

Director General

17 December 2010 GOVERNMENT GAZETTE, WA 6429

Agriculture and Related Resources Protection (Repeals and Amendments)

Regulations 2010

Agriculture and Related Resources Protection (Spraying Part 12

Restrictions) Regulations 1979 amended

r. 42

Part 12 — Agriculture and Related Resources Protection
(Spraying Restrictions) Regulations 1979 amended

42.           Regulations amended

This Part amends the Agriculture and Related Resources
Protection (Spraying Restrictions) Regulations 1979.

43.           Regulation 4 amended

(1) At the end of regulation 4(1) insert:

Penalty: a fine of $2 000.

(2) At the end of regulation 4(2) insert:

Penalty: a fine of $2 000.

(3) Delete regulation 4(3).

44.           Regulation 5 amended

(1) At the end of regulation 5(1) insert:

Penalty: a fine of $2 000.

(2)	Delete regulation 5(2) and insert:
(2) An authorised person who finds an ester of an acid stored in contravention of subregulation (1) must —

(a) seize and remove the ester from the prescribed area concerned; or

6430 GOVERNMENT GAZETTE, WA 17 December 2010

Agriculture and Related Resources Protection (Repeals and Amendments)

Regulations 2010

Part 12	Agriculture and Related Resources Protection (Spraying Restrictions) Regulations 1979 amended
r. 45
(b) direct the owner or occupier of the land on which the ester is stored, or an agent of that person, to remove the ester from the prescribed

area within a time specified in the direction.

(3A)	A person who is given a direction under subregulation (2)(b) must comply with the direction.
Penalty: a fine of $2 000.
(3)	In regulation 5(3) and (4) delete “inspector” (each occurrence) and insert:
authorised person
(4)	Delete regulation 5(5).

45.           Regulation 6 amended

In regulation 6 delete the Penalty and insert:

Penalty: a fine of $2 000.

17 December 2010 GOVERNMENT GAZETTE, WA 6431

Agriculture and Related Resources Protection (Repeals and Amendments)

Regulations 2010

Agriculture and Related Resources Protection (Traps) Part 13

Regulations 1982 amended

r. 46

Part 13 — Agriculture and Related Resources Protection
(Traps) Regulations 1982 amended

46.           Regulations amended

This Part amends the Agriculture and Related Resources
Protection (Traps) Regulations 1982.

47.           Regulation 6 amended

In regulation 6(1):

(a) delete “of the Protection Board” and insert:

of the Director General

(b) delete “by the Protection Board.” and insert:

by the Director General.

(c) delete the Penalty and insert:

Penalty: a fine of $2 000.

48.           Regulation 7 amended

In regulation 7:

(a) in paragraph (d) delete “Protection Board; and” and insert:

Director General; and

6432 GOVERNMENT GAZETTE, WA 17 December 2010

Agriculture and Related Resources Protection (Repeals and Amendments)

Regulations 2010

Part 13	Agriculture and Related Resources Protection (Traps) Regulations 1982 amended
r. 48

(b) delete the Penalty and insert:

Penalty: a fine of $2 000.

(c) after each of paragraphs (a) to (c) insert:

and

By Command of the Governor,

R. KENNEDY, Clerk of the Executive Council.

———————————