Biosecurity Amendment (Miscellaneous) Regulation 2019 (NSW)

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New South Wales

Biosecurity Amendment (Miscellaneous)

Regulation 2019

under the

Biosecurity Act 2015

Her Excellency the Governor, with the advice of the Executive Council, has made the following

Regulation under the Biosecurity Act 2015.

ADAM MARSHALL, MP

Minister for Agriculture and Western New South Wales

Explanatory note

The objects of this Regulation are as follows—

(a) to amend the Biosecurity Act 2015 (the Act) for the following purposes—
(i) to exempt particular vaccines from being prohibited matter under the Act,

(ii)

to update the lists of pests and diseases of plants and animals, diseases of aquatic animals, pest terrestrial invertebrates, and terrestrial and freshwater weeds (set out in Part 1 of Schedule 2 to the Act) that are prohibited matter throughout the State,

(iii)

to update the description (set out in Part 2 of Schedule 2 to the Act) of the part of the State in which Daktulosphaira vitifoliae (Grapevine phylloxera) is a prohibited matter,

(iv) to permit (in Schedule 3 to the Act) the dealing with particular animals if the dealing is—
(A) ancillary to permitted research purposes, or
(B) for a permitted pest animal incursion program purpose,

(v) to update the lists of non-indigenous animals (in Schedule 3 to the Act) with which dealings are prohibited or only permitted in particular circumstances,

(vi) to update the lists of non-indigenous animals (in Schedule 4 to the Act) with which certain dealings require biosecurity registration,

(vii)     to make statute law revision amendments,

(b) to amend the Biosecurity Regulation 2017 (the Regulation) for the following purposes—
(i) to declare particular animals to be pests for the purposes of the Act,

(ii)

to remove the prohibition on the importation of pigs from Queensland and the parts of Western Australia and the Northern Territory that lie north of the Tropic of Capricorn,

(iii)

to update the list of camels, deer, pigs, rabbits and foxes with which particular dealings are prohibited and the particular dealings that are prohibited,

(iv)

to clarify that the restriction on the importation into the State of a cucurbitaceae plant does not include a cucurbitaceae seed that is inside a cucurbitaceae fruit,

(v)

to update the lists of species of tramp ants for the purposes of the prohibition on importing things into the State that come from within 5 kilometres of a place at which a tramp ant has

Biosecurity Amendment (Miscellaneous) Regulation 2019 [NSW]

Explanatory note

been detected or has been suspected of being detected, and to update the definition of organic

mulch to which that restriction on the importation into the State applies,

(vi)       to clarify the restrictions on feeding restricted animal material to pigs and other ruminants and to provide for exemptions to those restrictions in particular circumstances,

(vii)     to provide exemptions relating to dealing with vaccines that contain prohibited matter if the dealing is in accordance with a permit issued in accordance with the Agvet Code of New South

Wales,

(viii)    to declare the happening of the following to be biosecurity events—

(A) the appearance of ulcers or blisters on the mouth or feet of ruminants or pigs,
(B) an unexplained and significant increase in a mortality rate or morbidity rate in plants
or animals,
(C) an unexplained and significant fall in production relating to plants or animals,
(D) the appearance of other unexplained and significant clinical signs in animals
including, but not limited to, unexplained neurological signs or conditions,

(ix)       to establish a biosecurity zone and regulatory measures for managing the biosecurity risk of the pest Rhinella marina (Cane toad),

(x)        to update the definition of grapevine phylloxera carrier to include—

(A) equipment that has been used in the production of grapevine plants within the previous
2 years, and
(B) soil, mulch or soil improving material that has been in contact with, or within 100
metres of, a grapevine plant within the previous 2 years,

(xi)       to update the list of pests and diseases the biosecurity risk of which the rice biosecurity zone is established to manage,

(xii)     to clarify that a registered beekeeper is only required to keep written records about the movement or disposal (including by sale) of hives that contain bees,

(xiii) to update the lists of animal pests and diseases, aquatic pests and diseases, and plant pests and diseases (set out in Schedule 1 to the Regulation) that are required to be notified,

(xiv) to update the list of plants (set out in Schedule 3 to the Regulation) that a person must not import into the State or sell,

(xv)      to make statute law revision amendments.

This Regulation is made under the Biosecurity Act 2015, including sections 12(1)(p) and (3), 24(1), 27(4), 35, 39(2), 43, 79–83, 151(2) and (3), 165(1)(a) and 404 (the general regulation-making power) and Schedule 5.

Biosecurity Amendment (Miscellaneous) Regulation 2019 [NSW]

Biosecurity Amendment (Miscellaneous) Regulation 2019

under the

Biosecurity Act 2015

1 Name of Regulation

This Regulation is the Biosecurity Amendment (Miscellaneous) Regulation 2019.

2      Commencement

This Regulation commences on the day on which it is published on the NSW legislation website.

Biosecurity Amendment (Miscellaneous) Regulation 2019 [NSW]

Schedule 1 Amendment of Biosecurity Act 2015 No 24

Schedule 1 Amendment of Biosecurity Act 2015 No 24

[1]      Schedule 2 Prohibited matter

Insert before Part 1—

Part 1AA Preliminary

1      Interpretation

In this Schedule, a reference to a biosecurity matter does not include a vaccine that contains the biosecurity matter if the vaccine is—

(a) approved or registered in accordance with the Agvet Code of New South

Wales, or

(b) included in the Australian Register of Therapeutic Goods maintained under the Therapeutic Goods Act 1989 of the Commonwealth, or
(c) exempted from the operation of Part 3-2 of the Therapeutic Goods Act

1989 of the Commonwealth by regulations made under section 18 of

that Act, or

(d) manufactured in accordance with the Agvet Code of New South Wales or the Therapeutic Goods Act 1989 of the Commonwealth.

[2]      Schedule 2, Part 1

Omit the matter relating to Magnaporthe grisea from Columns 1 and 2 under the heading
“Pests and Diseases of Plants”.

Insert in appropriate order in Columns 1 and 2 under that heading—

Pyricularia oryzae Rice blast
Spodoptera frugiperda Fall armyworm
Tomato brown rugose fruit virus Tobamovirus, ToBRFV

[3]      Schedule 2, Part 1

Omit “Lyssavirus (including Australian bat lyssavirus)” from Column 2 under the heading
“Pests and Diseases of Animals”.

Insert in appropriate order in Column 2 under that heading—

Australian bat lyssavirus (clinical disease in animals other than bats)

Lyssaviruses (exotic genotypes)

[4]      Schedule 2, Part 1

Omit the matter relating to Batrachochytrium dendrobatidis from Columns 1 and 2 under the heading “Diseases of Aquatic Animals”.

[5]      Schedule 2, Part 1

Omit the matter relating to Aedes albopictus from Columns 1 and 2 under the heading “Pest
Terrestrial Invetebrates”.

Biosecurity Amendment (Miscellaneous) Regulation 2019 [NSW]

Schedule 1 Amendment of Biosecurity Act 2015 No 24

[6]      Schedule 2, Part 1

Omit the matter relating to Hieracium spp (all species) from Columns 1 and 2 under the heading “Terrestrial and Freshwater Weeds”.

Insert in appropriate order in Columns 1 and 2 under that heading—

Hieracium spp. (all species except Hieracium Hawkweed

murorum)

Pilosella spp. (all species) Hawkweed

[7]      Schedule 2, Part 2

Omit from “All” to “land:” from the matter relating to Daktulosphaira vitifoliae from
Column 3.

Insert instead—

All of NSW except the NSW phylloxera infested zone.

The NSW phylloxera infested zone means the following land—

[8]      Schedule 3 Prohibited dealings

Insert at the end of clause 1(c)—

, and

(d) a dealing with an animal is ancillary to permitted research purposes if—
(i) the person engages in the dealing in the person’s professional capacity, and
(ii) the dealing is reasonably required to facilitate, support or assist a dealing with an animal for permitted research purposes, including, for example, catching, holding, releasing or transporting the animal, and
(e) a dealing with an animal is for permitted pest animal incursion

program purposes if the dealing is part of a program of dealings with a

pest animal coordinated or managed by the State or a local council.

[9]      Schedule 3, clause 2

Insert “unless the dealing is for permitted pest animal incursion program purposes” after
“Division 2)”.

[10]      Schedule 3, clause 2

Omit all matter from Column 2 relating to Duttaphrynus melanosticus under the heading
“Amphibia”.

Insert instead—

Asian black-spined toad/Asian common toad/Black-spectacled toad/Common sunda toad/Javanese toad

[11]      Schedule 3, clauses 2 and 3

Omit “Mamalia” wherever occurring. Insert instead “Mammalia”.

Biosecurity Amendment (Miscellaneous) Regulation 2019 [NSW]

Schedule 1 Amendment of Biosecurity Act 2015 No 24

[12]      Schedule 3, clause 2

Omit all matter from Column 2 relating to Canis lupus under the heading “Mammalia” as amended by item [11].

Insert instead—

Grey wolf

[13]      Schedule 3, clause 2

Omit all matter from Column 2 relating to Dactylopsila megalura under the heading
“Mammalia” as amended by item [11].

Insert instead—

Great-tailed striped possum

[14]      Schedule 3, clause 3(a)

Omit “or for permitted research purposes”.

Insert instead “, is for permitted research purposes, is ancillary to permitted research purposes or is for permitted pest animal incursion program purposes”.

[15]      Schedule 3, clause 3(c)

Omit the matter relating to Bufo marinus from Columns 1 and 2 under the heading
“Amphibia”.

Insert in appropriate order in Columns 1 and 2 under that heading—

Rhinella marina Cane toad

[16]      Schedule 3, clause 3(c)

Omit the matters relating to Bos taurus, Bubalus bubalis, Camelus dromedarius, Canis

familiaris, Capra hircus, Cavia porcellus, Equus caballus, Felis catus (except any

specimen with any genetic material derived from Leptailurus serval), Lama glama, Lama

pacos, Ovis aries, Rusa timorensis, Rusa unicolor, Sus domesticus and Sus scrofa from

Columns 1 and 2 under the heading “Mammalia” as amended by item [11].

Insert in appropriate order in Columns 1 and 2 under that heading—

Bos taurus Cattle
Bubalus bubalis Swamp buffalo/Water buffalo
Camelus dromedarius One-humped camel/Dromedary
Canis familiaris Dog
Capra hircus Goat
Cavia porcellus Guinea pig
Cervus timorensis Rusa deer
Cervus unicolor Sambar deer
Equus caballus Horse

Biosecurity Amendment (Miscellaneous) Regulation 2019 [NSW]

Schedule 1 Amendment of Biosecurity Act 2015 No 24

Felis catus (except any specimen with any Cat
genetic material derived from Leptailurus
serval)
Lama glama Llama
Lama pacos Alpaca
Ovis aries Sheep
Sus scrofa Pig

[17]      Schedule 3, clause 4

Omit “or for permitted research purposes”.

Insert instead “, is for permitted research purposes, is ancillary to permitted research purposes or is for permitted pest animal incursion program purposes”.

[18]      Schedule 3, clause 4

Omit all matter from Column 2 relating to Aonyx cinereus under the heading “Mammalia”.

Insert instead—

Small-clawed otter

[19]      Schedule 4 Registrable dealings

Omit “(dromedary camel or Arabian camel)” from clause 2(1)(b).

Insert instead “(One-humped camel/Dromedary)”.

[20]      Schedule 4, clause 2(2)(a)

Omit “or approval)”. Insert instead “, approval or permit)”.

Biosecurity Amendment (Miscellaneous) Regulation 2019 [NSW]

Schedule 2 Amendment of Biosecurity Regulation 2017

Schedule 2 Amendment of Biosecurity Regulation 2017

[1]      Clause 3 Interpretation

Insert in alphabetical order in clause 3(1)—

ruminant means an animal that has a rumen including, but not limited to,
alpacas, camels, cattle, deer, goats and sheep.

[2]      Part 1A Declared pests

Insert after clause 4—

Part 1A Declared pests

4A Declared pests

Each of the animals listed in Division 1 of Part 2 of Schedule 3 to the Act and Part 3 of Schedule 3 to the Act is declared to be a pest for the purposes of the Act.

[3]      Clauses 6, 10 (note 1), 11 (note 1), 14 (note 1), 15 (note 1), 17 (note 1), 22 (note 1), 23 (note 1), 24 (note 1), 25 (note 1), 26 (note 1), 27 (note 1), 28 (note 1), 29 (note 1), 30 (note 1), 31 (note 1), 32 (note 1), 35 (note 1), 46, 49(7) (note), 52(2) (note), 54, 56 (note 1), 59(1) and (2) (notes), 62(1) (note), 65(1) (note) and 67

Omit “Biosecurity Order (Permitted Activities) 2017” wherever occurring.

Insert instead “Biosecurity Order (Permitted Activities) 2019”.

[4]      Part 2, Division 3 Testing for prohibited matter

Omit the Division.

[5]      Clause 17 Porcine brucellosis—carriers

Omit the clause.

[6]      Clause 17B Prohibition on dealings with camels, deer, pigs, rabbits and foxes

Omit clause 17B(1). Insert instead—

(1) This clause applies to the following animals—
Axis axis Spotted deer/Chital (wild/feral)
Axis porcinus Hog deer (wild/feral)
Camelus dromedarius One-humped camel/Dromedary (wild/feral)
Cervus elaphus Red deer/Wapiti/Elk (wild/feral)
Cervus timorensis Rusa deer (wild/feral)
Cervus unicolor Sambar deer (wild/feral)
Dama dama Fallow deer (wild/feral)
Oryctolagus cuniculus European rabbit (wild/feral)
Sus scrofa Pig (wild/feral)
Vulpes vulpes European red fox

[7]      Clause 17B(3)(a)

Omit “or permitted research purposes,”.

Biosecurity Amendment (Miscellaneous) Regulation 2019 [NSW]

Schedule 2 Amendment of Biosecurity Regulation 2017

[8]      Clause 17B(3)(aa)

Insert after clause 17B(3)(a)—

(aa) if the dealing is for permitted research purposes or is ancillary to permitted research purposes, within the meaning of clause 1 of Schedule 3 to the Act, or

[9]      Clause 17B(3)(c)

Insert at the end of clause 17B(3)(b)—

, or

(c) if the animal is dead.

[10]      Clause 22 Bananas—Panama disease tropical race 4—carriers

Omit note 2 to the clause. Insert instead—

Note 2. Fusarium oxysporum f.sp. cubense tropical race 4 (Panama disease tropical

race 4) is prohibited matter under Part 4 of the Act.

[11]      Clause 23 Cucumber green mottle mosaic virus—carriers

Insert “or a cucurbitaceae seed within a cucurbitaceae fruit” after “fruit” in clause 23(1)(b).

[12]      Clause 32 Tramp ants—carriers

Omit “plant mulch (which includes,” from clause 32(1)(a).

Insert instead “mulch (which includes manure,”.

[13]      Clause 32(3)

Omit the definition of tramp ant. Insert instead—

tramp ant means a member of any of the following species—

(a) Anoplolepis gracilipes (Yellow crazy ant),
(b) Lepisiota frauenfeldi (Browsing ant),
(c) Solenopsis geminata (Tropical fire ant),
(d) Solenopsis invicta (Red imported fire ant),
(e) Wasmannia auropunctata (Electric ant or Little fire ant).

[14]      Clause 32, note 2

Omit “except Pheidole megacephala (African big-headed ant) which is prohibited only on
Lord Howe Island”.

[15]      Part 2, Division 9, heading

Omit “food”. Insert instead “feed”.

[16]      Clause 36 Definitions

Omit the definition of feed.

Insert in alphabetical order—

feed, a particular material to an animal, includes—

(a)

allowing or directing another person to feed the material to the animal, or

(b)

if the material may be ingested by the animal—allowing the animal to have access to the material.

Biosecurity Amendment (Miscellaneous) Regulation 2019 [NSW]

Schedule 2 Amendment of Biosecurity Regulation 2017

National Standard for Recycling of Used Cooking Fats and Oils Intended for Animal Feeds means the document of that name approved by the Primary

Industries Ministerial Council and published on the website of the Australian

Renderers Association.

restricted animal material means any material derived from a vertebrate.

Note. Restricted animal material includes rendered products—for example, blood

meal, meat meal, meat and bone meal, fish meal, poultry meal, feather meal, and
compounded feeds made from these products.

[17]      Clause 37 Prohibited pig feed

Omit “stock food” from clause 37(1) and (7) wherever occurring.

Insert instead “material”.

[18]      Clause 37(2)(b)

Omit the paragraph.

[19]      Clause 37(4)(b)

Omit the words from “approved” to “Association”.

[20]      Clause 38

Omit the clause. Insert instead—

38 Feeding restricted animal material to ruminants
(1) A person must not feed restricted animal material to a ruminant unless the feeding of the restricted animal material to the ruminant is otherwise authorised by this clause.
(2) A person may feed the following restricted animal material to a ruminant—
(a) gelatin,
(b) tallow,
(c) milk of Australian origin,
(d) milk, a milk product or a milk by-product legally imported into Australia for the purpose of feeding a particular animal,
(e) a milk product made in Australia and derived from the following—

(i)      milk of Australian origin,

(ii)      milk, a milk product or a milk by-product legally imported into Australia for the purpose of feeding a particular animal,

(f) used cooking oil,
(g) mineralised sea bird guano.

(3)

A person may feed restricted animal material to a ruminant by allowing the ruminant access to the material if it would not be reasonable in the circumstances for the person to prevent the ruminant from having access to the material, including in, but not limited to, the following circumstances—

(a) a ruminant having access to a placenta,
(b) a ruminant licking another ruminant,
(c) a ruminant finding the bones of wildlife or herd mates,

(d)

a ruminant having access to the naturally deposited faeces of wildlife or herd mates.

(4) In this clause—

Biosecurity Amendment (Miscellaneous) Regulation 2019 [NSW]

Schedule 2 Amendment of Biosecurity Regulation 2017

tallow means a product that—

(a) contains rendered fats and oils from an animal, and
(b) has been rendered in accordance with AS 5008—2007, Hygienic

rendering of animal products (or any standard that replaces that

standard), and

(c)

complies with a specification of a maximum of 2% M+I (moisture plus insoluble impurities) as measured by the American Oil Chemists’ Society (AOCS).

Note. This includes products known as acid oil and yellow grease.

used cooking oil means oil that—

(a) was previously used, in Australia, for the purposes of cooking, and
(b) has been collected, processed and packaged in accordance with the
National Standard for Recycling of Used Cooking Fats and Oils
Intended for Animal Feeds.

[21]      Clause 39 Labelling requirements in respect of restricted animal material

Omit clause 39(4).

[22]      Parts 2A–2C

Insert after clause 44C—

Part 2A Exemptions relating to dealings with prohibited

matter

44D Purpose of Part

This Part sets out the circumstances in which a person is taken not to be dealing with or engaging in a dealing with a biosecurity matter or carrier that is prohibited matter for the purposes of section 28(1) or (2) of the Act.

44E Dealings with particular vaccines
(1) This clause applies to a person who engages in a dealing with a vaccine that
contains prohibited matter if—

(a)

the person is permitted to engage in the dealing with the vaccine under a permit issued in accordance with section 112 or 112A of the Agvet Code, and

(b) the person complies with the conditions, if any, of the permit.
(2) The person is taken not to have engaged in a dealing with the prohibited
matter.

Part 2B Declared biosecurity events

44F Declared biosecurity events

The happening of any of the following is declared to be a biosecurity event—

(a)

the appearance of ulcers or blisters on the mouth or feet of ruminants or pigs,

(b)

an unexplained and significant increase in a mortality rate or morbidity rate in plants or animals,

Biosecurity Amendment (Miscellaneous) Regulation 2019 [NSW]

Schedule 2 Amendment of Biosecurity Regulation 2017

(c)

an unexplained and significant fall in production relating to plants or animals,

(d)

the appearance of other unexplained and significant clinical signs in animals including, but not limited to, unexplained neurological signs or conditions.

Part 2C Biosecurity zone—animal pests

Division 1 Preliminary
44G Exception if dealing permitted by Biosecurity Order (Permitted Activities)
(1) A dealing by a person with biosecurity matter or a carrier that would otherwise
contravene this Part is permitted if—

(a)

the Biosecurity Order (Permitted Activities) 2019 specifies that the dealing with the biosecurity matter or carrier can occur if specified conditions are met, and

(b)

the person ensures that all those conditions are met with respect to the dealing.

(2) A person who deals with a biosecurity matter or carrier in reliance on the
Biosecurity Order (Permitted Activities) 2019 must comply with all relevant
conditions of that order in relation to the dealing including a condition that
may require something to occur after the dealing.
Division 2 Cane toad biosecurity zone
44H Establishment of biosecurity zone
(1) A biosecurity zone, to be known as the cane toad biosecurity zone, is
established for all land within the State other than the following land—
(a) all land within the following local government areas—
(i) Tweed,
(ii) Byron,
(iii) Lismore,
(iv) Ballina,

(b)

all land within the part of the local government areas of Kyogle and Richmond Valley bounded by Summerland Way in the west,

(c)

all land within the part of the local government area of Clarence Valley bounded by—

(i)

in the south—the part of the Clarence River east of the town of Lawrence, and

(ii) in the west—by—
(A) the part of Pringles Way between the town of Lawrence
and its intersection with Summerland Way, and
(B) the part of Summerland Way north of its intersection with
Pringles Way.
(2) The cane toad biosecurity zone is established to manage the biosecurity risk of
the pest Rhinella marina (Cane toad).

Biosecurity Amendment (Miscellaneous) Regulation 2019 [NSW]

Schedule 2 Amendment of Biosecurity Regulation 2017

44I Regulatory measure
(1) An owner or occupier of land in the cane toad biosecurity zone on which there
is the pest Rhinella marina (Cane toad) must—

(a)

if the pest is part of a new infestation of the pest on the land, notify an authorised officer as soon as practicable in accordance with Part 6, and

(b)

to the extent it is reasonably practicable, humanely destroy the pest on the land by any lawful method, and

(c)

to the extent it is reasonably practicable, prevent the spread of the pest from the land.

(2) A person must not engage in any of the following dealings with the pest
Rhinella marina (Cane toad) in the cane toad biosecurity zone—
(a) have possession of the pest animal,
(b) move the pest animal,
(c) release the pest animal from captivity.
(3) However—
(a) subclause (2)(a) or (b) does not apply if—

(i) the dealing is for permitted exhibition purposes within the meaning of clause 1 of Schedule 3 to the Act, or

(ii) the dealing is for permitted research purposes, or is ancillary to permitted research purposes, within the meaning of clause 1 of Schedule 3 to the Act, or

(iii) the dealing is for permitted pest animal incursion program purposes within the meaning of clause 1 of Schedule 3 to the Act, and

(iv)      the dealing is or forms part of a lawful measure taken by the person to control a pest, including, but to limited to, a measure taken for the purposes of complying with subclause (1), and

(b) subclause (2)(c) does not apply if—

(i)

the dealing is for permitted research purposes, or is ancillary to permitted research purposes, within the meaning of clause 1 of Schedule 3 to the Act, or

(ii)

the dealing is for permitted pest animal incursion program purposes within the meaning of clause 1 of Schedule 3 to the Act.

(4) An occupier of land is taken not to be engaging in a dealing for the purposes of subclause (2)(a) in relation to animals on the land unless the occupier has actual (rather than deemed) possession of the animal.
Note. Section 12(2) of the Act deems an occupier of land to have possession of any
biosecurity matter or carrier (including animals) on that land in certain circumstances.

[23]      Clause 47 Establishment of biosecurity zone

Insert after clause 47(2)—

Note. The presence of Marteilia sydneyi (QX disease) is required to be notified under
Division 2 of Part 2.

[24]      Clause 50 Establishment of biosecurity zone

Insert after clause 50(2)—

Note. The presence of Ostreid herpesvirus– variant—OsHV–1 var (OSHV1) that causes Pacific Oyster Mortality Syndrome (POMS) is required to be notified under
Division 2 of Part 2.

Biosecurity Amendment (Miscellaneous) Regulation 2019 [NSW]

Schedule 2 Amendment of Biosecurity Regulation 2017

[25]      Clause 57 Definitions

Omit “5” from paragraph (b) of the definition of grapevine phylloxera carrier.

Insert instead “2”.

[26]      Clause 57, definition of “grapevine phylloxera carrier”

Omit paragraph (c) of the definition.

Insert instead—

(c) any soil, mulch or soil improving material (such as garden organics) that has, within the previous 2 years, been—
(i) in contact with a grapevine plant, or
(ii) within 100 metres of a living grapevine plant.

[27]      Clause 57

Insert in alphabetical order—

NSW phylloxera infested zone has the same meaning as in Part 2 of Schedule
2 to the Act.

[28]      Clause 57, definition of “phylloxera infested area”

Omit the definition.

[29]      Clause 58 Establishment of biosecurity zone

Omit “phylloxera infested area” from the note to clause 58(2).

Insert instead “NSW phylloxera infested zone”.

[30]      Clause 59 Regulatory measures

Omit “phylloxera infested area” from clause 59(2) wherever occurring.

Insert instead “NSW phylloxera infested zone”.

[31]      Clause 64 Establishment of biosecurity zone

Omit clause 64(2)(d).

Insert in appropriate order with appropriate numbering—

Pyricularia oryzae (Rice blast),

[32]      Clause 74 Notifiable matters

Insert “2C,” after “2,” in paragraph (c) of the definition of notifiable matter.

[33]      Clause 85 Records and notification

Insert “that contains bees” after “registered entity” wherever occurring in clause 85(1)(a) and (b).

[34]      Clause 85(2)

Omit the subclause. Insert instead—

(2)

If a registered entity that is a beekeeper disposes (including by sale) of a queen bee or colony of bees to another person, the registered entity must keep a written record (which may be in electronic form) of the following and retain that record in a readily accessible form for a period of 5 years—

(a) the date on which the disposal occurred,

Biosecurity Amendment (Miscellaneous) Regulation 2019 [NSW]

Schedule 2 Amendment of Biosecurity Regulation 2017

(b) the number of queen bees or colonies of bees disposed of,
(c) the method of disposal (for example, by sale or gift),
(d) the name, postal address and beekeeper registration number of the person to whom the queen bee or colony of bees was disposed.

[35]      Schedule 1, Part 1 Animal pests and diseases

Omit the matters relating to Aethina tumida, Salmonella enteritidis, Salmonella pullorum and Trichomoniasis.

Insert in appropriate order—

Australian bat lyssavirus in bats

Ehrlichia canis (Ehrlichiosis)
Mycoplasma iowae
Pseudogymnoascus destructans in bats (White Nose Syndrome)
Salmonella Enteritidis
Salmonella Pullorum

Seneca Valley virus (Senecavirus A)

Tritrichomonas foetus (Trichomoniasis)

[36]      Schedule 1, Part 2 Aquatic pests and diseases

Insert in appropriate order—

Mya japonica (Soft Shelled Clam)
Undaria pinnatifida (Japanese Seaweed/Wakame)

[37]      Schedule 1, Part 4 Plant pests and diseases

Insert in appropriate order—

Pseudomonas syringae pv. actinidae (Psa)

[38]      Schedule 3, Weeds

Insert in appropriate order—

Asparagus densiflorus (Meyersii/Foxtail fern)

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