Biosecurity and Agriculture Management Regulations Amendment Regulations 2019 (WA)
6 September 2019 GOVERNMENT GAZETTE, WA 3185 AGRICULTURE AND FOOD
AG301
Biosecurity and Agriculture Management Act 2007
Biosecurity and Agriculture Management
Regulations Amendment Regulations 2019
Made by the Governor in Executive Council.
Part 1 — Preliminary
1. Citation
These regulations are the Biosecurity and Agriculture
Management Regulations Amendment Regulations 2019.
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 after that day.
Part 2 — Biosecurity and Agriculture Management
Regulations 2013 amended
3. Regulations amended This Part amends the Biosecurity and Agriculture Management
Regulations 2013.
4. Regulation 3 amended
In regulation 3 insert in alphabetical order:
bee means a bee of the species Apis mellifera;
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5. Regulation 7 amended
Delete regulation 7(2)(b) and insert:
(b) Restricted keeping: if in the opinion of the Minister keeping the declared pest in an area or part of an area for which it is declared should be restricted to keeping - (i) under the authority of a permit; or
(ii) in an approved quarantine facility in accordance with the terms and conditions set out in the approval of the quarantine facility;
6. Regulation 8 amended
(1) Delete regulation 8(2)(b) and insert:
(b) Restricted keeping: if in the opinion of the
Minister keeping the prohibited organism in the
State or a part of the State should be restricted
to keeping -(i) under the authority of a permit; or
(ii) in an approved quarantine facility in accordance with the terms and conditions set out in the approval of the quarantine facility.
(2) In regulation 8(6)(b) and (7) delete "website." and insert: electronic site.
7. Regulations 8A and SB inserted
At the end of Part 1 insert:
8A. Movement, introduction and supply requirements
for purposes of r. 16, 17 and 25For the purposes of regulation 16(2), 17(2) or 25(2), the Director General may determine requirements in relation to the movement, introduction or supply of a potential carrier or class of potential carrier and publish
those requirements on the department's electronic site.
6 September 2019 GOVERNMENT GAZETTE, WA 3187
SB. Organisms prescribed for s. 24 For the purposes of section 24(1)(c) and (3)(c), each organism that is a declared pest for the relevant area of the State is prescribed. 8. Regulation 11 amended
In regulation 1 l(3)(b) and (4) delete "website." and insert:
electronic site.
9. Regulation 16 amended
(1) In regulation 16:
(a) delete "A person" and insert: (1) Aperson
(b) delete "category 1 declared pest or a category 2" (each
occurrence).
(2) In regulation 16 delete the Penalty and insert: Penalty for this subregulation: a fine of $10000.
(3) At the end of regulation 16 insert:
(2)
A person other than an inspector must not, unless the person has been given an authorisation or direction to do so by an inspector, move a potential carrier of an
organism that is a declared pest for a DP area within
that area if the action is contrary to any requirements determined under regulation 8A relating to the
movement of the potential carrier.
Penalty for this subregulation: a fine of $10000.
10. Regulation 17 amended
(1) In regulation 17 delete "A person" and insert: (I) Aperson (2) At the end of regulation 17 insert:
(2)
A person other than an inspector must not, unless the person has been given an authorisation or direction to
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do so by an inspector, bring a potential carrier of an
organism that is a declared pest for a DP area into that
area from another area of the State if the action is
contrary to any requirements determined under
regulation 8A relating to the introduction of thepotential carrier.
Note for this subregulation:
A person who contravenes this subregulation commits an offence under section 24(2).
Notes:
1. The note at the end of regulation 17 is to be deleted.
2. At the end of regulation 17(1) the following note is to be inserted: Note for this subregulation:
A person who contravenes this subregulation commits an offence under section 24(2).
11. Regulation 18 deleted
Delete regulation 18.
12. Regulation 19 amended
(1) In regulation 19(1) delete the definition of bee. (2) In regulation 19(2) in the Table Part 1 delete "From a place in
the SHB free area to a place in the SHB infested area.".13. Regulations 20 and 21 deleted
Delete regulations 20 and 21.
14. Regulation 25 amended
(1) In regulation 25:
(a) delete "A person" and insert: (1) Aperson (b) in paragraph (b) delete "area; or" and insert: area,
(c) delete paragraphs (c) and (d).
(2) At the end of regulation 25 insert:
(2)
A person other than an inspector must not, unless the person has been given an authorisation or direction to do so by an inspector, supply to a person in a DP area a
potential carrier of an organism that is a declared pest
for the area if the action is contrary to any requirements
6 September 2019 GOVERNMENT GAZETTE, WA 3189 determined under regulation 8A relating to the supply
of the potential carrier.
Note for this subregulation:
A person who contravenes this subregulation commits an offence under section 24(4).
Notes:
1. The note at the end of regulation 25 is to be deleted.
2. At the end of regulation 25(1) the following note is to be inserted: Note for this subregulation:
A person who contravenes this subregulation commits an offence under section 24(4).
15. Regulation 27 amended
In regulation 27(2)(b) delete "website." and insert:
electronic site.
16. Regulation 33 amended
In regulation 33(2)(b) delete "website." and insert:
electronic site.
17. Regulation 35 amended
In regulation 35(2)(b) and (3) delete "website." and insert:
electronic site.
18. Regulation 37 amended
In regulation 37(3)(a)(ii) delete "website;" and insert: electronic site;
19. Regulation 38 amended
Delete regulation 38(1), (2) and (3) and insert:
(1) An inspector may direct a person to test an organism or
potential carrier for the presence of declared pests or
unlisted organisms at a place and in a manner specified
in the direction.(2) An inspector may direct a person to treat an organism
or potential carrier for the presence of declared pests or
unlisted organisms at a place and in a manner specified
in the direction.
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20. Regulation 39A inserted
After regulation 39 insert:
39A. Removal of organism or potential carrier from
inspection point or other place(1) Subregulation (2) applies if an organism or potential
carrier is -
(a)
presented for inspection at an inspection point under regulation 79(5) or taken to another place in accordance with a written direction referred to in regulation 79(3)(a)(ii); or
(b)
taken or removed to, or kept or left at, an inspection point, quarantine facility or any other place under a direction of an inspector.
(2) If this subregulation applies, a person must not remove
the organism or potential carrier from the inspection
point, quarantine facility or other place, unless the
person has been given an authorisation or direction to
do so by an inspector.
Penalty for this subregulation: a fine of $20 000.21. Regulation 45B amended
In regulation 4513(2) delete "website." and insert:
electronic site.
22. Regulation 60 amended
In regulation 60(2)(c) delete "website." and insert:
electronic site. 23. Regulation 71 amended
In regulation 71(5)(b) delete "website." and insert:electronic site.
24. Regulation 72 amended
(1) In regulation 72(1) in the definition of import requirement
delete "published" and insert:determined
6 September 2019 GOVERNMENT GAZETTE, WA 3191
(2) In regulation 72(2):
(a) in paragraph (a)(iii) delete "directed;" and insert: directed; or
(b) after paragraph (a)(iii) insert: (iv) is, or is of a class of prescribed potential
carrier that is, the subject of an
exemption under regulation 79(4) and
satisfies the import requirements, if any,that apply to a carrier of that kind;
(3) Delete regulation 72(4) and insert:
(4) The Director General may determine import
requirements for the purposes of
subregulation (2)(a)(ii) and publish those requirements
on the department's electronic site.(4) In regulation 72(5) delete "published" and insert: determined 25. Regulation 73 amended
(1) In regulation 73(3)(b) delete "website." and insert: electronic site.
(2) Delete regulation 73(4) and insert:
(4) A person must not import a permitted organism
assigned to the category "permit required" unless the
organism is imported as authorised by, and in
accordance with the terms and conditions of, an import
permit and these regulations.
Penalty for this subregulation: a fine of $10 000.26. Regulation 75 amended
(I) In regulation 75(3) and 4) delete "that" and insert: than
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(2) In regulation 75(4) delete the Penalty and insert:
Penalty for this subregulation: a fine of $15 000.
(3) After regulation 75(4) insert:
(5) Notice required under subregulation (3) or (4) must be
given in an approved manner.27. Regulation 77 amended
In regulation 77(c) delete "website" and insert:electronic site
28. Regulation 79 amended
(1) In regulation 79(3):
(a) in paragraph (a)(i) after "organism" insert: or prescribed potential carrier
(b) in paragraph (a)(i) delete "subregulation (4); or" and insert: subregulation (5) or (6); or
(c)
in paragraph (a)(ii) delete "subregulation (4);" and insert:
subregulation (5) or (6); (d) delete paragraph (b)(i) and insert:
(i) gives the Director General, not later time of importation, notice in an approved manner of the time and place of entry into the State of the organism or prescribed potential carrier; and
6 September 2019 GOVERNMENT GAZETTE, WA 3193
(e) in paragraph (c)(ii) delete "required." and insert: required;
(1) after paragraph (c) insert:
or
(d) to an organism or prescribed potential carrier or class of organism or prescribed potential carrier specified in a notice published under subregulation (4).
(2) Delete regulation 79(4) and insert:
(4) The Director General may, by notice published on the
department's electronic site, exempt an organism or
prescribed potential carrier or class of organism or
prescribed potential carrier from the operation of
subregulation (5).(5) For the purposes of section 21(3)(a), a person who
imports an organism or prescribed potential carrier to
which this regulation applies must present the organism
or carrier for inspection by an inspector at the nearest
inspection point.Note for this subregulation:
The penalty for failing to present an organism or prescribed potential carrier for inspection in accordance with the regulations is set out in section 21(3).
(6) A person who is required to present an organism or
prescribed potential carrier for inspection under
subregulation (5) must -
(a) ensure that the organism or carrier is kept nearest inspection point; and (b) as soon as possible after the importation, take the organism or carrier by the shortest possible route to the nearest inspection point. Penalty for this subregulation: a fine of $20 000.
Note:
The note at the end of regulation 79 is to be deleted.
29. Regulation 80 deleted
Delete regulation 80.
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30. Regulation 86 amended
(I) Delete regulation 86(1) and (2) and insert:
(1)
The Director General may give a direction under this regulation if the Director General is satisfied that -
(a) either—
(i) plants that are, or have been, raised or used in the course of an agricultural activity have been abandoned or neglected or are otherwise untended; or
(ii) bees or apiaries are, or have been, abandoned or neglected or are otherwise untended;
and
(b) if left untended, the plants, bees or apiaries are
likely to spread a declared pest or an unlisted
organism.
(2) The Director General may direct the owner or person in
control of a place where neglected, abandoned or
otherwise untended plants, bees or apiaries are
found -
(a)
to destroy or otherwise dispose of the plants, bees or apiaries within a period and by a means specified in the direction; or
(b)
in the case of bees - to transfer the bees within a period specified in the direction to a hive of a design specified in the direction.
(2) After regulation 86(6) insert:
(7) A person given a direction under subregulation (2)
must comply with the direction.
Penalty for this subregulation: a fine of $10 000.Note: The heading to amended regulation 86 is to read:
Directions about untended plants, bees or apiaries
31. Regulation 86A inserted
After regulation 86 insert:
86A. Bees to be kept in hives of approved design (1) A person who keeps bees must keep them in a hive of
an approved design.
Penalty for this subregulation: a fine of $10 000.
6 September 2019 GOVERNMENT GAZETTE, WA 3195 (2) Subregulation (1) does not apply to a person who keeps
bees in a cage or ventilated box without frames for the
purpose of —
(a) moving the bees from one place to another; or (b) moving the bees in accordance with the terms and conditions of a permit held by that person.
32. Regulation 126 amended
In regulation 126 delete "reduce," and insert:
reduce or refund,
Part 3 — Biosecurity and Agriculture Management
(Infringement Notices) Regulations 2013 amended
33. Regulations amended
This Part amends the Biosecurity and Agriculture Management
(Infringement Notices) Regulations 2013.
34. Schedule 1 amended
In Schedule 1 Division 2:
(a) delete the item relating to regulation 79(4) and insert:
r. 79(6) Failing to comply with requirements
relating to presentation of organism or
carrier for inspection 400
(b) delete the item relating to regulation 80;
(c) after the item relating to regulation 85(2) insert:
r. 86(7) Failing to comply with direction about
untended plants, bees or apiaries 200
r. 86A(1) Failing to keep bees in hive of approved
design 200
C. BARRON, Clerk of the Executive Council.
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