Biosecurity Regulation 2016 (QLD)

Biosecurity Regulation 2016

Chapter 1    Preliminary

1   Short title

This regulation may be cited as the Biosecurity Regulation 2016.

2   Commencement

This regulation commences on 1 July 2016 immediately after the commencement of the Natural Resources and Mines Legislation (Fees) Amendment Regulation (No. 1) 2016, part 11.

3   Definitions

The dictionary in schedule 11 defines particular words used in this regulation.

3A   Measurement of position under regulation

(1)In this regulation, position is defined by reference to GDA2020.

(2)In this section—

GDA2020 means the Reference Frame under the National Measurement (Recognized-Value Standard of Measurement of Position) Determination 2017 (Cwlth) as in force on 1 July 2020.

Chapter 2    Biosecurity obligations

Part 1    Prohibited matter regulation

4   Declaration for particular biosecurity matter—Act, s 30

For section 30(1)(b) of the Act, it is declared that the following biosecurity matter mentioned in schedule 1 of the Actis no longer prohibited matter—

(a)bee louse (Braula fly) (Braula coeca);

(b)varroa mite (Varroa destructor).

Note—

For the effect of a prohibited matter regulation, see section 29(2) of the Act.

5   [Repealed]

Part 2    Codes of practice

Division 1 Labelling of fertilisers and contaminants in fertilisers

6   Code of practice about labelling of fertilisers and contaminants in fertilisers—Act, s 104(1)

Schedule 2 sets out a code of practice about the labelling of fertilisers and the levels of contaminants in fertilisers.

7   Effect of code of practice—Act, s 26(1)

The code of practice in schedule 2 states a way of discharging a person’s general biosecurity obligation in relation to the labelling of fertilisers and the level of contaminants in fertilisers.

Notes—

1Unless otherwise stated in a code of practice, the code of practice does not state all that the person to whom the code of practice applies must do, or must not do, to discharge the person’s general biosecurity obligation. See section 26(2) of the Act.

2For applying the general biosecurity obligation offence provision, the person fails to discharge the general biosecurity obligation if the person contravenes, or otherwise acts inconsistently with, a code of practice, or does not follow a way that is as effective as, or more effective than, the code of practice for discharging the general biosecurity obligation. See section 26(3) of the Act.

Division 2 Feed for food producing animals

8   Code of practice for feed about food producing animals—Act, s 104(1)

Schedule 3 sets out a code of practice about feed for food producing animals.

9   Effect of code of practice—Act, s 26(1)

The code of practice in schedule 3 states a way of discharging a person’s general biosecurity obligation in relation to feed for food producing animals.

Notes—

1Unless otherwise stated in a code of practice, the code of practice does not state all that the person to whom the code of practice applies must do, or must not do, to discharge the person’s general biosecurity obligation. See section 26(2) of the Act.

2For applying the general biosecurity obligation offence provision, the person fails to discharge the general biosecurity obligation if the person contravenes, or otherwise acts inconsistently with, a code of practice, or does not follow a way that is as effective as, or more effective than, the code of practice for discharging the general biosecurity obligation. See section 26(3) of the Act.

Division 3 Management and control of Panama disease tropical race 4

9A   Code of practice for management and control of Panama disease tropical race 4—Act, s 104(1)

The document called the ‘Code of Practice for the Management and Control of Panama disease tropical race 4 on Infested Property in Queensland’, version 2 is made as a code of practice for minimising biosecurity risks associated with dealing with, and controlling the spread of biosecurity matter by, carriers of Panama disease tropical race 4.

9B   Effect of code of practice—Act, s 26(1)

The code of practice mentioned in section 9A states a way of discharging a person’s general biosecurity obligation in relation to minimising biosecurity risks associated with dealing with, and controlling the spread of biosecurity matter by, carriers of Panama disease tropical race 4.

Notes—

1Unless otherwise stated in a code of practice, the code of practice does not state all that the person to whom the code of practice applies must do, or must not do, to discharge the person’s general biosecurity obligation. See section 26(2) of the Act.

2For applying the general biosecurity obligation offence provision, the person fails to discharge the general biosecurity obligation if the person contravenes, or otherwise acts inconsistently with, a code of practice, or does not follow a way that is as effective as, or more effective than, the code of practice for discharging the general biosecurity obligation. See section 26(3) of the Act.

Part 3    Obligations relating to restricted matter

Division 1 Category 3 restricted matter

Subdivision 1 Ways for disposing category 3 restricted matter

10   Object of subdivision

This subdivision prescribes ways for disposing of category 3 restricted matter for section 43(1)(a) of the Act.

11   Ways of disposing of category 3 restricted matter—invasive plants

(1)This section applies to invasive plants that are category 3 restricted matter.

(2)The matter may be disposed of by—

(a)burying the matter in the ground at a depth that ensures any seeds or vegetative material being disposed of cannot grow; or

(b)transporting the matter directly to a waste facility if the matter is—

(i)in a sealed container or a covered vehicle; or

(ii)covered in a way that prevents the restricted matter from being lost or released during transport; or

(c)sealing the matter in plastic and leaving the matter in the sun until any vegetative material being disposed has decomposed.

11A   Ways of disposing of category 3 restricted matter—invasive animals

Category 3 restricted matter that is an invasive animal may be disposed of in a way authorised under another Act or a law of the Commonwealth.

Subdivision 1A Purposes for disposing of category 3 restricted matter

11B   Object of subdivision

This subdivision prescribes purposes for disposing of category 3 restricted matter for section 43(1)(f) of the Act.

11C   Disposing of category 3 restricted matter—purpose authorised under another law

Category 3 restricted matter that is an invasive animal may be disposed of for a purpose authorised under another Act or a law of the Commonwealth.

Subdivision 1B Ways for distributing category 3 restricted matter

11D   Object of subdivision

This subdivision prescribes ways for distributing category 3 restricted matter for section 43(1)(a) of the Act.

11E   Distributing category 3 restricted matter—way authorised under another law

Category 3 restricted matter that is an invasive animal may be distributed in a way authorised under another Act or a law of the Commonwealth.

Subdivision 2 Purposes for distributing category 3 restricted matter

12   Object of subdivision

This subdivision prescribes purposes for distributing category 3 restricted matter for section 43(1)(f) of the Act.

13   Distributing category 3 restricted matter—biological control

(1)This section applies to category 3 restricted matter listed in—

(a)schedule 4, part 1, column 1; and

(b)schedule 4, part 2, column 1.

(2)The matter may be distributed for the purpose of biological control if the matter is—

(a)infested with a recognised biological control agent for the matter; and

(b)released into the environment at a site, or as near as practicable to a site, where the same species of restricted matter is present.

(3)For subsection (2)(b), a reference to the same species of restricted matter is a reference to the same species of restricted matter infested with the same recognised biological control agent mentioned in subsection (2)(a).

(4)In this section—

recognised biological control agent, for category 3 restricted matter listed in schedule 4, part 1, column 1 or part 2, column 1, means a plant, animal or disease listed in schedule 4, part 1, column 2 or part 2, column 2, opposite the category 3 restricted matter.

14   Distributing category 3 restricted matter—scientific research

Category 3 restricted matter that is an invasive animal may be distributed for the purpose of scientific research if—

(a)the purpose of the scientific research is to track the movements of the animal using a tracking device fitted to the animal; and

(b)it is intended that the animal will be recaptured or destroyed at the end of the scientific research.

15   Distributing category 3 restricted matter—destroying animal

(1)A person may distribute category 3 restricted matter that is an invasive animal to another person for the purpose of the other person destroying the animal.

(2)The other person must destroy the animal as soon as practicable after the animal is distributed to the person.

16   Distributing category 3 restricted matter—tracking and destroying

(1)This section applies to the following animals that are category 3 restricted matter—

(a)european foxes (Vulpes vulpes);

(b)european rabbits (Oryctolagus cuniculus);

(c)feral chital axis deer (Axis axis);

(d)feral fallow deer (Dama dama);

(e)feral goats (Capra hircus);

(f)feral pigs (Sus scrofa);

(g)feral red deer (Cervus elaphus);

(h)feral rusa deer (Rusa timorensis, syn. Cervus timorensis).

(2)A person may release the category 3 restricted matter into the environment for the purpose of tracking and destroying the type of category 3 restricted matter.

16A   Distributing category 3 restricted matter—purpose authorised under another law

Category 3 restricted matter that is an invasive animal may be distributed for a purpose authorised under another Act or a law of the Commonwealth.

Subdivision 3 Distributing thing infested with category 3 restricted matter

17   Distributing grain infested with category 3 restricted matter—Act, s 43(2)(a)

(1)Grain that is, or may be, infested with category 3 restricted matter may be distributed if the grain is moved in a way that ensures the grain is not released into the environment.

(2)In this section—

distributed means—

(a)giving the grain to another person; or

(b)selling or trading the grain.

Division 2 Category 7 restricted matter

18   Ways of disposing of category 7 restricted matter—Act, s 44(2)

(1)The following ways of disposing of category 7 restricted matter are prescribed for section 44(2) of the Act—

(a)burying the matter in the ground above the high water mark; or

(b)placing the matter in a waste disposal receptacle.

(2)If the category 7 restricted matter is fish, the fish must be buried, or placed in a waste disposal receptacle, in a whole state.

(3)For subsection (2), a fish is in a whole state if no part of the fish has been removed, including, for example, by—

(a)gutting, gilling or filleting the fish; or

(b)cutting fillets of the fish into smaller pieces; or

(c)removing the head of the fish; or

(d)mincing the fish; or

(e)cutting the fins or tail off the fish.

(4)In this section—

waste disposal receptacle means a litter bin or other waste container from which the person reasonably believes the restricted matter will be collected by another person and disposed of at a waste disposal site.

waste disposal site see the Waste Reduction and Recycling Act 2011, section 8A.

Part 4    Notifiable incidents

19   Symptoms and conditions for notifiable incidents—Act, s 47

(1)This section prescribes symptoms and conditions for section 47(7) of the Act, definition notifiable incident, paragraph (b)(v).

(2)Each of the following affecting a colony of honey bees (Apis mellifera) is prescribed as a symptom—

(a)malnourishment of the queen bee;

(b)a reduction in the viability of the honeycomb;

(c)a reduction in the strength of the bee hive.

(3)Tick fever in a cattle tick carrier located in the cattle tick free zone is prescribed as a condition.

(4)In this section—

tick fever means the condition caused by Babesia bovis, Babesia bigemina or Anaplasma marginale.

Part 5    Maximum acceptable level of contaminants in carriers

20   Application of part

This part does not apply to—

(a)salt; or

(b)infant formula; or

(c)canned food.

21   Maximum acceptable level of contaminant—Act, s 503(2)(e)

(1)This section applies to a carrier mentioned—

(a)in schedule 19, subsection S19—4 or schedule 21 of the food standards code; or

(b)opposite polychlorinated biphenyls in schedule 19, subsection S19—5 of the food standards code.

(2)For subsection (1)(a), the maximum acceptable level of a contaminant in the carrier is the limit for the carrier, if any, stated in the schedule.

(3)For subsection (1)(b), the maximum acceptable level of polychlorinated biphenyls in the carrier is the limit for the carrier stated in the schedule.

(4)If a provision of schedule 19 or 21 of the food standards code affects or determines, in whole or in part, the method used to calculate the limit, the maximum acceptable level must be calculated in accordance with the provision.

22   Maximum acceptable level of THC—Act, s 503(2)(e)

(1)This section applies to a carrier that is derived from a food producing animal.

(2)The maximum acceptable level of THC in the carrier is zero.

Part 6    Diagnostic testing

23   Effect ss 23, 26 and 27—Act, s 25(1)

Sections 25, 28 and 29 are identified as provisions that prescribe a way of discharging a person’s general biosecurity obligation in relation to diagnostic testing.

Notes—

1Unless otherwise stated in this regulation, a regulation provision does not prescribe all that the person to whom the provision applies must do, or must not do, to discharge the person’s general biosecurity obligation. See section 25(2) of the Act.

2For applying the general biosecurity obligation offence provision, the person fails to discharge the general biosecurity obligation if the person contravenes a regulation provision. See section 25(3) of the Act.

24   Application of part

This part does not apply to a person—

(a)who is employed under the Public Service Act 2008; and

(b)who uses an exotic disease diagnostic test kit or method in the course of their employment as a public service employee.

25   Restrictions on use

A person must not use an exotic disease diagnostic test kit or method, unless—

(a)the test kit or method and its use have been approved under section 26; and

(b)any conditions of the approval are complied with.

26   Test kit or method approval

(1)The chief executive may approve an exotic disease diagnostic test kit or method and its use (a test kit or method approval).

(2)The approval may be made—

(a)on the chief executive’s own initiative; or

(b)in response to an application under section 27.

(3)The chief executive may impose conditions that are not inconsistent with this part on the approval.

27   Application for test kit or method approval

(1)A person may apply to the chief executive, in the approved form, for a test kit or method approval.

(2)The chief executive must decide whether to grant or refuse the approval.

(3)When deciding the application, the chief executive must consider whether the exotic disease diagnostic test kit or method—

(a)has been approved by the animal health committee; and

Note—

Tests approved by the animal health committee are listed on the website of the former Sub-Committee on Animal Health Laboratory Standards.

(b)is proposed to be used under conditions that do not adversely affect the sensitivity or specificity of the exotic disease diagnostic test kit or method; and

(c)is proposed to be used by an appropriately qualified person.

(4)If the chief executive decides not to grant the approval, the chief executive must give an information notice to the applicant.

28   Notifying test result

(1)This section applies if—

(a)a person uses an exotic disease diagnostic test kit or method under a test kit or method approval; and

(b)the use results in—

(i)a positive result; or

(ii)for a test specifically applied to exclude an agent not normally diagnosed in the State—a negative result.

(2)The person must give notice of the result (a result notice) to the chief executive.

(3)A result notice must be given in the approved way and within the approved period.

(4)If there is no approved way, a result notice must be written.

(5)If there is no approved period, a result notice must be given within 24 hours after the person becomes aware of the result.

(6)The person must give a duplicate sample of the thing tested to an approved testing facility within a reasonable period stated by the chief executive if—

(a)the person gives a result notice to the chief executive; and

(b)the chief executive asks for the duplicate sample or requires the duplicate sample as a condition of the approval.

(7)In this section—

approved means approved under the test kit or method approval.

29   Disclosing test result

(1)A person must not disclose the results of the use of an exotic disease diagnostic test kit or method unless the disclosure is—

(a)required by section 28; or

(b)approved by the chief executive; or

(c)expressly permitted or required under this or another Act.

(2)In this section—

disclose includes publish to the public by the internet, newspaper, periodical or other form of communication.

results, of the use of an exotic disease diagnostic test kit or method, means—

(a)a positive result or negative result mentioned in section 28(1)(b); or

(b)for an exotic disease diagnostic test kit or method that is used other than under a test kit or method approval—

(i)a positive result; or

(ii)for a test specifically applied to exclude an agent not normally diagnosed in the State—a negative result.

Part 7    Bees and apiaries

30   Effect of part—Act, s 25(1)

This part is identified as a provision that prescribes a way of discharging a person’s general biosecurity obligation in relation to the keeping and movement of bees.

Notes—

1Unless otherwise stated in this regulation, a regulation provision does not prescribe all that the person to whom the provision applies must do, or must not do, to discharge the person’s general biosecurity obligation. See section 25(2) of the Act.

2For applying the general biosecurity obligation offence provision, the person fails to discharge the general biosecurity obligation if the person contravenes a regulation provision. See section 25(3) of the Act.

31   Distance between apiaries

(1)A person must not establish a large apiary site within less than 0.8km from another large apiary site.

(2)A person must not establish an apiary site within less than 2km from a queen bee breeding apiary.

(3)In this section—

large apiary site means an apiary site containing an apiary made up of more than 40 hives.

queen bee breeding apiary means an apiary in which queen bees are bred for sale.

32   Asian honey bee

(1)A person must not keep a live Asian honey bee in the person’s possession, or under the person’s control, unless the person keeps the bee under a biosecurity authorisation.

(2)A person must not move a live Asian honey bee unless the person moves the bee under a biosecurity authorisation.

Part 8    Non-native invasive ornamental fish

33   Effect of part—Act, s 25(1)

This part is identified as a provision that prescribes a way of discharging a person’s general biosecurity obligation in relation to non-native invasive ornamental fish.

Notes—

1Unless otherwise stated in this regulation, a regulation provision does not prescribe all that the person to whom the provision applies must do, or must not do, to discharge the person’s general biosecurity obligation. See section 25(2) of the Act.

2For applying the general biosecurity obligation offence provision, the person fails to discharge the general biosecurity obligation if the person contravenes a regulation provision. See section 25(3) of the Act.

34   Dealing with non-native invasive ornamental fish

(1)A person must not bring a non-native invasive ornamental fish into the State.

(2)A person must not keep a non-native invasive ornamental fish in the person’s possession or under the person’s control.

Part 9    RAM statements

35   Effect of part—Act, s 25(1)

This part is identified as a provision that prescribes a way of discharging a person’s general biosecurity obligation in relation to feed.

Notes—

1Unless otherwise stated in this regulation, a regulation provision does not prescribe all that the person to whom the provision applies must do, or must not do, to discharge the person’s general biosecurity obligation. See section 25(2) of the Act.

2For applying the general biosecurity obligation offence provision, the person fails to discharge the general biosecurity obligation if the person contravenes a regulation provision. See section 25(3) of the Act.

36   Positive RAM statement

(1)This section applies to feed intended to be fed to—

(a)a vertebrate animal other than—

(i)an aquarium fish; or

(ii)a captive bird, other than poultry, emus or ostriches; or

(iii)a cat or dog; or

(iv)an animal, other than a ruminant, that is used for a scientific purpose; or

(b)a crustacean or mollusc.

(2)A responsible person must ensure feed that contains restricted animal material has the following statement (a positive RAM statement) applied to it, or accompanying it, in accordance with this part—‘This product contains restricted animal material—DO NOT FEED TO CATTLE, SHEEP, GOATS, DEER OR OTHER RUMINANTS.’

(3)In this section—

responsible person means a person who sells or supplies feed.

37   Negative RAM statement

(1)This section applies to feed intended to be fed to—

(a)a vertebrate animal other than—

(i)an aquarium fish; or

(ii)a captive bird, other than poultry, emus or ostriches; or

(iii)a cat or dog; or

(iv)an animal, other than a ruminant, that is used for a scientific purpose; or

(b)a crustacean or mollusc.

(2)A responsible person must ensure manufactured feed that does not contain restricted animal material has the following statement (a negative RAM statement) applied to it, or accompanying it, in accordance with this part—
‘This product does not contain restricted animal material.’

(3)In this section—

manufactured feed does not include feed that—

(a)is chaff, hay or straw; or

(b)is milk, milk products or milk by-products; or

(c)consists of a whole, cracked or rolled single or mixed grain product.

responsible person means a person who sells or supplies feed.

38   Appearance of statement

(1)If a positive RAM statement or a negative RAM statement must be applied to, or accompany, feed under this part, the statement must—

(a)be either—

(i)written or stamped on, or written or stamped on a notice fixed to, the outside of any container of feed in a position where the statement can be clearly seen on the container; or

(ii)if the feed is sold in bulk and the statement cannot be applied to a container of feed in the way mentioned in subparagraph (i)—a written notice given to a person to whom the feed is supplied before or when the feed is delivered to the person; and

(b)use characters that are either dark print on a light background or light print on dark background; and

(c)use characters that are at least—

(i)if the statement is written or stamped on a container containing the feed—10mm high; or

(ii)otherwise—3mm high.

(2)A notice under subsection (1)(a) must be at least 45mm by 120mm.

(3)A notice under subsection (1)(a)(ii) may be fixed to or form part of a delivery docket or invoice given to the person to whom the feed is supplied.

39   Statement to remain on container

(1)This section applies if, under this part, feed must have a positive RAM statement or a negative RAM statement applied to it.

(2)A person must not knowingly take the statement off, or cause the statement to be taken off, a container of the feed.

40   Defacing label or obscuring statements

A person must not knowingly mark, deface or otherwise obscure a positive RAM statement or a negative RAM statement.

41   Feeding ruminants

(1)This section applies if, under this part, feed must have a positive RAM statement applied to, or accompanying, it.

(2)A person must not feed the feed to a ruminant unless—

(a)the person—

(i)is permitted by the chief executive, under section 46B of the Act, to feed restricted animal material to a ruminant lawfully used for a scientific purpose; and

(ii)feeds the feed to the ruminant in the way permitted by the chief executive; or

(b)the feeding of restricted animal material to the ruminant is authorised under another Act or a law of the Commonwealth.

Part 10    [Repealed]

41A   [Repealed]

41B   [Repealed]

41C   [Repealed]

Chapter 3    Matters relating to local governments

42   Annual payments by local governments—Act, s 60(2)

(1)The maximum amount for section 60(2) of the Actis the amount calculated using the formula—      where—

MA means the maximum amount a local government is required to pay for a financial year.

R means the average annual amount of general rates levied for all parcels of rateable land in the area that is or becomes the local government’s local government area for the 3 most recent financial years for which the chief executive has information about the amount of general rates levied for parcels of rateable land in the area.

X means—

(a)for a very large urban local government whose area is entirely or partly in an operational area or benefited by a barrier fence part—0.4%;

(b)for a very large urban local government whose area is not entirely or partly in an operational area or benefited by a barrier fence part—0.2%;

(c)for a large urban local government whose area is entirely or partly in an operational area or benefited by a barrier fence part—1.3%;

(d)for a large urban local government whose area is not entirely or partly in an operational area or benefited by a barrier fence part—0.3%;

(e)for a small urban local government whose area is entirely or partly in an operational area or benefited by a barrier fence part—4%;

(f)for a small urban local government whose area is not entirely or partly in an operational area or benefited by a barrier fence part—1%;

(g)for a rural local government whose area is entirely or partly in an operational area or benefited by a barrier fence part—15%;

(h)for a rural local government whose area is not entirely or partly in an operational area or benefited by a barrier fence part—8%.

(2)In this section—

large urban local government means a local government that has a population of more than 70,000 but fewer than 200,001.

rateable land has the meaning given by the Local Government Act 2009, section 93 or the City of Brisbane Act 2010, section 95.

rural local government means a local government that has a population of not more than 20,000.

small urban local government means a local government that has a population of more than 20,000 but fewer than 70,001.

very large urban local government means a local government that has a population of at least 200,001.

Chapter 4    Invasive animal barrier fencing

Part 1    Invasive animal boards

43   Darling Downs–Moreton Rabbit Board

(1)The number of directors of the Darling Downs–Moreton Rabbit Board is 6.

(2)The board is to manage the European rabbit.

(3)The board is responsible for the barrier fence part shown as the ‘rabbit fence’ on the barrier fence map.

(4)The operational area of the board is the part of the State shown as the Darling Downs–Moreton Rabbit District on the barrier fence map.

Note—

For the continuation of the Darling Downs–Moreton Rabbit Board, see schedule 3, section 133 of the Act.

Part 2    Barrier fence

44   Building authority for a wild dog check fence—Act, s 90(b)

(1)This section applies if a section of the barrier fence part, shown as the ‘wild dog check fence’ on the barrier fence map, is in the local government area of a local government.

(2)The local government is responsible for that section of the barrier fence part.

Chapter 5    Prevention and control measures for biosecurity matter

Part 1    Preliminary

45   [Repealed]

46   Ensuring biosecurity matter or a carrier is dealt with in accordance with risk minimisation requirement

(1)A person (the responsible person) ensures biosecurity matter or a carrier is dealt with in accordance with a risk minimisation requirement for dealing with the biosecurity matter or carrier if—

(a)for a requirement to treat the biosecurity matter or carrier with a stated chemical product—the person ensures the biosecurity matter or carrier is treated with the chemical product; or

(b)for a requirement to treat the biosecurity matter or carrier by changing its temperature—the person ensures the biosecurity matter or carrier is heated or cooled to the stated temperature, for the stated period, and otherwise in the stated way; or

(c)for movement of the biosecurity matter or carrier from a place free of a stated biosecurity matter—the person ensures the surveillance procedures have been undertaken at the place in a stated way; or

(d)for a requirement to deal with the biosecurity matter or carrier by complying with a stated procedure or in another stated way—the person ensures the procedure is complied with or the biosecurity matter or carrier is dealt with in the stated way.

(2)If the risk minimisation requirement requires an appropriately qualified person to deal with the biosecurity matter or carrier, a person complies with the requirement by arranging for an appropriately qualified person to deal with the biosecurity matter or carrier under subsection (1).

(3)In this section—

stated means stated in the biosecurity manual.

surveillance procedures, in relation to a place, means procedures directed at—

(a)confirming the presence, or finding out the extent of the presence, at the place, of the biosecurity matter that the procedure relates to; or

(b)confirming the absence, at the place, of the biosecurity matter that the procedure relates to.

46A   Moving samples for testing

(1)A person may move a sample of a carrier into the State, or into or from a biosecurity zone, if the sample—

(a)is being moved to an approved facility for testing; and

(b)is quarantine secured.

(2)Also, a person may move a sample of a carrier from a biosecurity zone if the sample—

(a)is being moved out of the State for testing; and

(b)is quarantine secured.

(3)A sample is quarantine secured if the sample is sealed within the following 3 layers of packaging to prevent the escape of the sample or any biosecurity matter—

(a)an inner layer of paper, cardboard or plastic that is sealed;

(b)a middle layer that is a strong plastic bag and is sealed and labelled “Quarantine Material—Do Not Open”;

(c)an outer layer that is a sealed box or other sealed container.

(4)This section applies despite sections 48 to 57, 79, 80, 89, 91 and 94 (each a movement restriction provision).

(5)In this section—

carrier means a carrier mentioned in a movement restriction provision.

Part 2    Relationship with general biosecurity obligation

47   Effect of chapter—Act, s 25(1)

(1)This chapter is identified as a provision that prescribes a way of discharging a person’s general biosecurity obligation in relation to—

(a)dealing with biosecurity matter or a carrier; or

(b)carrying out an activity.

Notes—

1Unless otherwise stated in this regulation, a regulation provision does not prescribe all that the person to whom the provision applies must do, or must not do, to discharge the person’s general biosecurity obligation. See section 25(2) of the Act.

2For applying the general biosecurity obligation offence provision, the person fails to discharge the general biosecurity obligation if the person contravenes a regulation provision. See section 25(3) of the Act.

(2)Subsection (1) applies unless a section in this chapter states otherwise.

Part 3    Statewide restrictions and requirements

Division 1 Statewide entry restrictions

48   Banana pest carrier

(1)A person must not move into the State—

(a)a banana pest carrier from a State where freckle disease has been found; or

(b)a banana pest carrier, other than the fruit of a banana plant, from a State where bunchy top, Panama disease tropical race 4 or Cavendish-competent Panama disease tropical race 1 has been found.

(2)However, a person may move the carrier under a biosecurity authorisation.

(3)Also, a person may move the carrier if—

(a)any of the following apply—

(i)the carrier has come from a certified interstate free area for all banana pests;

(ii)for a banana pest carrier that is a banana plantlet—the plantlet has been grown under a scheme for the clean planting of banana plants that is stated in the biosecurity manual;

(iii)the person gets an acceptable biosecurity certificate that states the carrier meets the risk minimisation requirements for the carrier, before moving the carrier; and

(b)if paragraph (a)(ii) or (iii) applies—the person ensures, under section 46, that, until the move is completed, the carrier is dealt with in accordance with the risk minimisation requirements for the carrier.

49   [Repealed]

50   Branched broomrape carrier

(1)A person must not move a branched broomrape carrier into the State from a State where branched broomrape has been found.

(2)However, a person may move the carrier under a biosecurity authorisation.

(3)Also, a person may move the carrier into the State if—

(a)the carrier has come from a certified interstate free area for branched broomrape; or

(b)the person—

(i)gets an acceptable biosecurity certificate that states the carrier meets the risk minimisation requirements for the carrier, before moving the carrier; and

(ii)ensures, under section 46, that, until the move is completed, the carrier is dealt with in accordance with the risk minimisation requirements for the carrier; or

(c)for a branched broomrape carrier that is a seed potato—the seed potato has been certified and is moved in accordance with the national standard for certification of seed potatoes; or

(d)the carrier is a ware potato that has been brushed or washed and does not carry any detachable soil; or

(e)the carrier is a processing potato and is being moved in a way that prevents—

(i)infestation with biosecurity matter; and

(ii)the escape of biosecurity matter or a carrier.

(4)In this section—

branched broomrape means branched broomrape (Orobanche ramosa).

Note—

Branched broomrape is mentioned as prohibited matter in schedule 1 of the Act, (subject to section 29 of the Act). See chapter 2, part 2, division 2, of the Act for particular obligations relating to prohibited matter.

branched broomrape carrier means—

(a)hay; or

(b)fodder; or

(c)potatoes; or

(d)straw; or

(e)cereals, pulses and small grains that are seeds used for cropping; or

(f)unprocessed almond hulls and shells; or

(g)soil that has come into contact with a carrier mentioned in paragraph (a) to (f); or

(h)an appliance that has come into contact with a carrier mentioned in paragraph (a) to (g).

processing potato means a potato that, when harvested, is sent directly to—

(a)a facility for processing; or

(b)a facility for storage before being processed.

ware potato means a potato that is grown to be consumed without being processed and is not intended for replanting for the purpose of producing a potato plant.

51   Cucurbit virus carrier

(1)A person must not move a cucurbit virus carrier into the State—

(a)from a State where a cucurbit virus has been found; and

(b)for trade or the carrying on of a business.

(2)However, a person may move the carrier if—

(a)the carrier has come from a certified interstate free area for a cucurbit virus; or

(b)the person—

(i)gets an acceptable biosecurity certificate that states the carrier meets the risk minimisation requirements for the carrier, before moving the carrier; and

(ii)ensures, under section 46, that, until the move is completed, the carrier is dealt with in accordance with the risk minimisation requirements for the carrier.

(3)In this section—

cucurbit virus means cucumber green mottle mosaic virus or melon necrotic spot virus.

cucurbit virus carrier means—

(a)

a plant (a cucurbitaceae plant) of the family Cucurbitaceae, other than a fruit of the plant; or

Examples of plants of the family Cucurbitaceae—

cucumber, melon, pumpkin, squash

(b)soil, or other growing mediums, that have come into contact with a cucurbitaceae plant; or

(c)an appliance that has been used for planting, producing or harvesting a cucurbitaceae plant; or

Examples of appliances for paragraph (c)—

knives, secateurs

(d)materials that have been used to package a cucurbitaceae plant.

52   European house borer carrier

(1)A person must not move a European house borer carrier, other than an excluded European house borer carrier, into the State from a State where European house borer has been found.

(2)However, a person may move the carrier under a biosecurity authorisation.

(3)Also, a person may move the carrier if—

(a)the carrier has come from a certified interstate free area for the European house borer; or

(b)the person—

(i)gets an acceptable biosecurity certificate that states the carrier meets the risk minimisation requirements for the carrier, before moving the carrier; and

(ii)ensures, under section 46, that, until the move is completed, the carrier is dealt with in accordance with the risk minimisation requirements for the carrier.

(4)In this section—

compliance arrangement means the Compliance Arrangement for Manufacture of Pinewood Pallets and Packaging published by the Western Australian department or agriculture and food.

European house borer means the European house borer (Hylotrupes bajulus).

Note—

The European house borer is mentioned as prohibited matter in schedule 1 of the Act, (subject to section 29 of the Act). See chapter 2, part 2, division 2, of the Act for particular obligations relating to prohibited matter.

European house borer carrier means—

(a)a tree of the genera Abies, Picea, Pinus or Pseudotsuga; or

(b)wood, or wooden articles, from a tree mentioned in paragraph (a).

Examples of wooden articles for paragraph (b)—

furniture, pallets, sawn timber

excluded European house borer carrier means a European house borer carrier that is a wood pallet or wooden packaging material manufactured under the compliance arrangement.

53   Giant pine scale carrier

(1)A person must not move a giant pine scale carrier into the State from a State where giant pine scale has been found.

(2)However, a person may move the carrier under a biosecurity authorisation.

(3)Also, a person may move the carrier if—

(a)the carrier has come from a certified interstate free area for giant pine scale; or

(b)the person—

(i)gets an acceptable biosecurity certificate that states the carrier meets the risk minimisation requirements for the carrier, before moving the carrier; and

(ii)ensures, under section 46, that, until the move is completed, the carrier is dealt with in accordance with the risk minimisation requirements for the carrier.

(4)In this section—

giant pine scale means giant pine scale (Marchalina hellenica).

Note—

Giant pine scale is mentioned as prohibited matter in schedule 1 of the Act, (subject to section 29 of the Act). See chapter 2, part 2, division 2, of the Act for particular obligations relating to prohibited matter.

giant pine scale carrier means a carrier that is—

(a)a plant of the family Pinaceae; or

Examples of plants of the family Pinaceae—

cedar, fir, pine, spruce

(b)soil that has come into contact with a carrier mentioned in paragraph (a); or

(c)an appliance that has come into contact with a carrier mentioned in paragraph (a) or (b).

54   Mango malformation disease carrier

(1)A person must not move a mango malformation disease carrier into the State from a State where mango malformation disease has been found.

(2)However, a person may move the carrier under a biosecurity authorisation.

(3)Also, a person may move the carrier if—

(a)the carrier has come from a certified interstate free area for mango malformation disease; or

(b)the person—

(i)gets an acceptable biosecurity certificate that states the carrier meets the risk minimisation requirements for the carrier, before moving the carrier; and

(ii)ensures, under section 46, that, until the move is completed, the carrier is dealt with in accordance with the risk minimisation requirements for the carrier.

(4)In this section—

mango malformation disease means a fungal disease of mango plants caused by several different species of Fusarium, including Fusarium mangiferae.

Note—

Mango malformation disease is mentioned as prohibited matter in schedule 1 of the Act(subject to section 29 of the Act). See chapter 2, part 2, division 2 of the Act for particular obligations relating to prohibited matter.

mango malformation disease carrier means a carrier that is a mango plant, other than the fruit of the plant.

55   Mediterranean fruit fly carrier

(1)A person must not move a Mediterranean fruit fly carrier into the State from a State where Mediterranean fruit fly has been found.

(2)However, a person may move the carrier under a biosecurity authorisation.

(3)Also, a person may move the carrier if—

(a)the carrier has come from a certified interstate free area for Mediterranean fruit fly; or

(b)the person—

(i)gets an acceptable biosecurity certificate that states the carrier meets the risk minimisation requirements for the carrier, before moving the carrier; and

(ii)ensures, under section 46, that, until the move is completed, the carrier is dealt with in accordance with the risk minimisation requirements for the carrier.

(4)In this section—

Mediterranean fruit fly means the Mediterranean fruit fly (Ceratitis capitata).

Note—

The Mediterranean fruit fly is mentioned as prohibited matter in schedule 1 of the Act(subject to section 29 of the Act). See chapter 2, part 2, division 2 of the Act for particular obligations relating to prohibited matter.

Mediterranean fruit fly carrier means a carrier that is—

(a)a plant mentioned in schedule 6 that is bearing fruit; or

(b)the fruit of a plant mentioned in schedule 6, other than fruit that has been processed.

processing, for fruit, means altering the form of the fruit to allow for domestic consumption.

Examples—

cooking, drying, freezing, pickling, segmenting

56   Pyriform scale carrier

(1)A person must not move a pyriform scale carrier into the State—

(a)from a State where pyriform scale has been found; and

(b)for trade or the carrying on of a business.

(2)However, the person may move the pyriform scale carrier if—

(a)the carrier has come from a certified interstate free area for pyriform scale; or

(b)the person—

(i)gets an acceptable biosecurity certificate that states the carrier meets the risk minimisation requirements for the carrier, before moving the carrier; and

(ii)ensures, under section 46, that, until the move is completed, the carrier is dealt with in accordance with the risk minimisation requirements for the carrier.

(3)In this section—

pyriform scale carrier means a plant, other than a cut flower or a tree that has no foliage or soil on its roots, that is—

(a)a potted plant; and

(b)of a family mentioned in schedule 7.

57   Potato pest carrier

(1)A person must not move a potato pest carrier into the State from a State where potato pest has been found.

(2)However, a person may move the carrier under a biosecurity authorisation.

(3)Also, a person may move the carrier if—

(a)for a potato pest carrier that is not a seed potato—the carrier has not come from interstate potato pest infested land or linked land; or

(b)for a potato pest carrier that is a seed potato—the seed potato has been certified and is moved in accordance with the national standard for certification of seed potatoes; or

(c)the person—

(i)gets an acceptable biosecurity certificate that states the carrier meets the risk minimisation requirements for the carrier, before moving the carrier; and

(ii)ensures, under section 46, that, until the move is completed, the carrier is dealt with in accordance with the risk minimisation requirements for the carrier.

(4)In this section—

interstate potato pest infested land means a parcel of land outside the State on which a potato pest has been found.

linked land means land to which any of the following applies—

(a)the land adjoins interstate potato pest infested land;

(b)the land has been planted with seed from interstate potato pest infested land;

(c)an appliance, that has been used on interstate potato pest infested land, is used on the land;

(d)water can drain directly from interstate potato pest infested land to the land;

(e)a person has dealt with a potato pest carrier on the land in contravention of a corresponding law relating to a potato pest.

national plan means the document titled ‘Australian Potato Industry—Australian National Potato Cyst Nematode Management Plan—Final Plan’.

Editor's note—

The national plan is available on the department’s website.

potato pest means—

(a)the golden potato cyst nematode (Globodera rostochiensis); or

(b)the white potato cyst nematode (Globodera pallida).

Note—

Each of the potato pests is mentioned as prohibited matter in schedule 1 of the Act, (subject to section 29 of the Act). See chapter 2, part 2, division 2, of the Act for particular obligations relating to prohibited matter.

potato pest carrier means—

(a)a plant of the Solanaceae family; or

Examples—

•capsicum

•potato

•thornapple

•tobacco

•tomato

(b)soil; or

(c)an appliance that has come into contact with a potato pest carrier mentioned in paragraph (a) or (b).

57A   Tomato/potato psyllid carrier

(1)A person must not move a tomato/potato psyllid carrier into the State from a State where tomato/potato psyllid has been found.

(2)However, a person may move the carrier—

(a)if the carrier is seed that is free of other vegetative material; or

(b)if the carrier is a packing house prepared carrier; or

(c)if—

(i)the carrier has come from a certified interstate free area for tomato/potato psyllid and zebra chip (Candidatus Liberibacter psyllaurous); and

(ii)the person gets an acceptable biosecurity certificate that states the carrier comes from the certified interstate free area, before moving the carrier; and

(iii)for a tomato/potato psyllid carrier that is not a plant—the carrier has been continuously located in the certified interstate free area for at least 12 months immediately before being moved; or

(d)if—

(i)the carrier is a plant that is certified as being free of tomato/potato psyllid under—

(A)a corresponding law to the Act; or

(B)an inspection and certification program; and

(ii)the person gets an acceptable biosecurity certificate that states the plant is certified as being free of tomato/potato psyllid under the corresponding law or program, before moving the carrier; or

(e)if the person—

(i)gets an acceptable biosecurity certificate that states the carrier meets the risk minimisation requirements for the carrier, before moving the carrier; and

(ii)ensures, under section 46, that, until the move is completed, the carrier is dealt with in accordance with the risk minimisation requirements for the carrier.

(3)In this section—

inspection and certification program means a program, administered by another State, under which tomato/potato psyllid carriers are inspected and certified as being free of tomato/potato psyllid.

packing house prepared carrier means a fruit or vegetable, other than a plant of the Solanaceae family or Convolvulaceae family, that—

(a)is prepared, stemmed, processed, graded, sorted or packed in a packing house; and

(b)is free of other vegetative material, including, for example, a calyx.

permitted plant product means any of the following—

(a)grain;

(b)dried plant parts;

(c)mulch;

(d)timber;

(e)chaff or hay.

tomato/potato psyllid means tomato/potato psyllid (Bactericera cockerelli).

tomato/potato psyllid carrier means—

(a)a plant of the Solanaceae family; or

Examples—

•capsicum

•potato

•thornapple

•tobacco

•tomato

(b)a plant of the Convolvulaceae family; or

Examples—

•sweet potato

•field blindweed

(c)another plant that is not a permitted plant product; or

(d)soil that has come into contact with a tomato/potato psyllid carrier mentioned in paragraph (a) or (b); or

(e)an appliance that has come into contact with a tomato/potato psyllid carrier mentioned in paragraph (a), (b) or (d).

57B   Citrus canker carrier

(1)A person must not move a citrus canker carrier into the State from a State where citrus canker has been found.

(2)However, a person may move the carrier under a biosecurity authorisation.

(3)Also, a person may move the carrier if—

(a)the carrier has come from a certified interstate free area for citrus canker; or

(b)the person—

(i)gets an acceptable biosecurity certificate that states the carrier meets the risk minimisation requirements for the carrier, before moving the carrier; and

(ii)ensures, under section 46, that, until the move is completed, the carrier is dealt with in accordance with the risk minimisation requirements for the carrier.

(4)In this section—

citrus canker means a disease of citrus plants caused by Xanthomonas citri pv. citri.

citrus canker carrier means—

(a)a plant mentioned in schedule 7A; or

(b)soil, or other growing mediums, that have come into contact with a plant mentioned in paragraph (a); or

(c)an appliance that has come into contact with a carrier mentioned in paragraph (a) or (b).

Division 2 Statewide pest management requirements

58   [Repealed]

59   [Repealed]

60   [Repealed]

61   Eradicating cattle tick from infested land

(1)This section applies to a person who is the owner or occupier of infested land for cattle tick.

(2)The person must—

(a)take action to eradicate cattle tick from the land; and

(b)if the biosecurity manual states a way or procedure for the eradication of cattle tick from land—comply with the stated way or procedure.

Part 4    Far northern pest biosecurity zone regulatory provisions

62   Establishing biosecurity zones—Act, s 128(1)(a)

(1)The part of the State north of latitude 11º49' south (the far northern biosecurity zone 1) is established as a biosecurity zone for each far northern pest.

(2)The part of the State south of latitude 11º49' south and north of latitude 13º45' south (the far northern biosecurity zone 2) is established as a biosecurity zone for each far northern pest.

63   Moving particular far northern pests or carrier from a biosecurity zone

(1)A person must not move a far northern pest mentioned in schedule 8 or a far northern pest carrier—

(a)from far northern biosecurity zone 1 to a place outside the biosecurity zone; or

(b)from far northern biosecurity zone 2 to a place outside the biosecurity zone, other than far northern biosecurity zone 1.

(2)However, a person may move a carrier that is a banana plantlet if—

(a)the plantlet has been grown—

(i)under a scheme for the clean planting of banana plants that is stated in the biosecurity manual; and

(ii)otherwise in the way stated in the biosecurity manual; and

(b)the person ensures, under section 46, that, until the move is completed, the carrier is dealt with in accordance with the risk minimisation requirements for the carrier.

Note—

A biosecurity instrument permit, under chapter 6, part 4 of the Act, may authorise non-compliance with a biosecurity zone regulatory provision.

(3)In this section—

far northern pest carrier means—

(a)an appliance that has come into contact with—

(i)a hive; or

(ii)a mango plant; or

(iii)soil, or other growing mediums, in which a banana plant, a mango plant or a sugar cane plant has been grown; or

(iv)a vegetative part of a sugar cane plant; or

(b)a banana appliance; or

(c)a hive; or

(d)material that is a product or by-product of the processing of—

(i)a plant; or

Examples—

mulch, sawdust

(ii)anything that comes from a plant; or

Examples—

green waste, compost

(e)a plant; or

Note—

Under schedule 5 of the Act, a plant is defined to include, among other things, the whole or part of the fruit or nut of a shrub, tree or vine.

(f)soil; or

(g)other growing mediums.

64   Planting or cultivating a banana plant in a biosecurity zone

(1)This section applies to an owner or occupier of land in far northern biosecurity zone 1 or 2.

(2)The person must not plant or cultivate a banana plant on the land unless the banana plant is identified in the biosecurity manual as a cultivar that is resistant to black Sigatoka.

(3)The person must only plant or cultivate—

(a)no more than 10 banana plants on the land; and

(b)no more than 30 pseudostems on the land.

Note for subsections (2) and (3)—

A biosecurity instrument permit, under chapter 6, part 4 of the Act, may authorise non-compliance with a biosecurity zone regulatory provision.

65   Treating an unmanaged banana plant

(1)This section applies to an owner or occupier of land in far northern biosecurity zone 1 or 2.

(2)The person must treat an unmanaged banana plant on the land in accordance with the method of treating unmanaged banana plants stated in the biosecurity manual.

(3)In this section—

unmanaged banana plant means a banana plant that is not subject to all of the following commercial practices—

(a)deleafing;

(b)desuckering;

(c)weed control;

(d)bunch control.

Part 5    Fire ant biosecurity zone regulatory provisions

Division 1 Biosecurity zones

66   Establishing biosecurity zones—Act, s 128(1)(a)

(1)The part of the State identified as fire ant biosecurity zone 1 (fire ant biosecurity zone 1) on the fire ant biosecurity zone map is established as a biosecurity zone for fire ants.

(2)The part of the State identified as fire ant biosecurity zone 2 (fire ant biosecurity zone 2) on the fire ant biosecurity zone map is established as a biosecurity zone for fire ants.

(3)In this section—

fire ant biosecurity zone map means the biosecurity zone map called ‘Fire ant biosecurity zone map’ as in force from time to time.

Note—

See also section 130C of the Actabout requirements in relation to identification of particular biosecurity zones.

Division 2 Keeping and moving fire ants and fire ant carriers

67   Moving a fire ant from or within a fire ant biosecurity zone

A person must not move a live fire ant, from a place in a fire ant biosecurity zone to another place, within or outside the biosecurity zone, unless the person moves the fire ant under a biosecurity authorisation.

Note—

A biosecurity instrument permit, under chapter 6, part 4 of the Act, may authorise non-compliance with a biosecurity zone regulatory provision.

68   Moving soil from fire ant biosecurity zone

A person must not move soil from a place (the original place) in a fire ant biosecurity zone to another place outside the biosecurity zone, unless—

(a)the original place is in fire ant biosecurity zone 1 and the other place is in fire ant biosecurity zone 2; or

(b)the person moves the soil under a biosecurity authorisation.

Note—

A biosecurity instrument permit, under chapter 6, part 4 of the Act, may authorise non-compliance with a biosecurity zone regulatory provision.

69   Moving fire ant carrier other than soil from or within a fire ant biosecurity zone

(1)A person must not move a fire ant carrier, other than soil, from a place (the original place) in a fire ant biosecurity zone to another place, within or outside the biosecurity zone, unless—

(a)the other place is a waste facility in the same fire ant biosecurity zone as the original place and the person moves the carrier directly to the waste facility; or

(b)if the original place is in fire ant biosecurity zone 1—the other place is a waste facility in fire ant biosecurity zone 2 and the person moves the carrier directly to the waste facility; or

(c)the person ensures the carrier has been at the original place for less than 24 hours, before moving the carrier; or

(d)the person moves the carrier under a biosecurity authorisation; or

(e)the person—

(i)takes reasonable steps to ensure the carrier has been kept at the original place in a way that complies with section 71(2) and (3); and

(ii)keeps a written record of the steps taken to ensure the carrier is dealt with as mentioned in subparagraph (i).

Examples of a record for subparagraph (ii)—

•taking a digital photograph showing the way a carrier was kept at a particular time

•keeping a record of a treatment mentioned in section 71(2)(c), (3)(a) or (4), definition fire ant resistant surface, paragraph (c)

Note—

A biosecurity instrument permit, under chapter 6, part 4 of the Act, may authorise non-compliance with a biosecurity zone regulatory provision.

70   [Repealed]

71   Keeping a fire ant carrier other than soil in a fire ant biosecurity zone

(1)This section applies to—

(a)a person who puts or otherwise deals with a fire ant carrier, other than soil, in a place within a fire ant biosecurity zone and allows it to remain at the place for at least 24 hours; or

(b)the owner of a place in a fire ant biosecurity zone who allows a fire ant carrier, other than soil, to remain at the place for at least 24 hours.

Note—

A biosecurity instrument permit, under chapter 6, part 4 of the Act, may authorise non-compliance with a biosecurity zone regulatory provision.

(2)The person must ensure—

(a)the carrier is covered in a way that prevents fire ants from infesting the carrier; and

Example—

keeping the carrier in a shed or under a shade cloth or tarpaulin

(b)the carrier is kept—

(i)above ground level; or

Example—

keeping the carrier in a truck or trailer or on an elevated platform

(ii)at ground level on a fire ant resistant surface; and

(c)if paragraph (b)(ii) applies—the area where the carrier is stored is treated with an appropriate barrier chemical to create a 30cm wide chemical perimeter around the area.

(3)However, the person need not comply with subsection (2) for a carrier that is turf or a potted plant, if the person—

(a)ensures the carrier is treated with an appropriate chemical product; and

(b)keeps a written record, stating the chemical product used and the way it was used for the treatment, is kept.

(3A)Also, the person need not comply with subsection (2) if—

(a)the carrier is a relevant fire ant carrier under section 71A; and

(b)the person complies with that section in relation to the carrier.

(4)In this section—

appropriate barrier chemical means an appropriate chemical product used to create a chemical barrier.

appropriate chemical product means a chemical product for use on, or in relation to, fire ants.

fire ant resistant surface means—

(a)concrete or bitumen that does not contain cracks through which fire ants could access a fire ant carrier on the concrete or bitumen; or

(b)a barrier that cannot be penetrated by fire ants; or

Example—

plastic sheeting at least 200 microns thick

(c)an area of compacted ground, other than sand, that has been treated with an appropriate chemical product before a fire ant carrier is put on the area.

treated, with an appropriate chemical product, means treated in a way—

(a)stated in the instructions on the approved label for the chemical product; or

(b)authorised by a permit issued by APVMA.

71A   Keeping a relevant fire ant carrier in a fire ant biosecurity zone

(1)This section applies to a person who puts or otherwise deals with a relevant fire ant carrier in a place within a fire ant biosecurity zone, unless the person complies with section 71(2) for the carrier.

(2)The person must—

(a)ensure the relevant fire ant carrier is disturbed—

(i)at least every 21 days while the carrier is kept at the place; and

(ii)at least 24 hours before the carrier is moved to another place; and

(b)keep a written record stating how and when the relevant carrier was disturbed.

(3)In this section—

disturb, in relation to a relevant fire ant carrier, means carrying out 1 or more of the following—

(a)chipping the carrier;

(b)crushing the carrier;

(c)screening the carrier, including, for example, by passing the carrier through a screening bucket, grate or other sieve;

(d)shredding the carrier;

(e)turning the carrier;

(f)washing the carrier.

relevant fire ant carrier means—

(a)animal manure; or

(b)material that is a product or by-product of mining or quarrying; or

Examples—

chitters, coal fines, coal stone, decomposed granite, gravel, overburden

(c)material that is a product or by-product of the processing of a plant, or something that comes from a plant.

Examples—

mulch, sawdust, green waste, compost

72   Producing hay in a fire ant biosecurity zone

(1)This section applies to a person who produces hay in a fire ant biosecurity zone.

(2)The person must ensure—

(a)cut hay is baled within 24 hours after the hay is finally raked; and

(b)the final raking of the hay, and the raking before the final raking, are done within 24 hours of each other; and

(c)baled hay is removed from the paddock it was baled in within 24 hours after being baled.

Note—

A biosecurity instrument permit, under chapter 6, part 4 of the Act, may authorise non-compliance with a biosecurity zone regulatory provision.

73   Keeping a fire ant outside fire ant biosecurity zones

A person must not keep, in the person’s possession or under the person’s control, a live fire ant outside the fire ant biosecurity zones unless the fire ant is kept under a biosecurity authorisation.

Note—

A biosecurity instrument permit, under chapter 6, part 4 of the Act, may authorise non-compliance with a biosecurity zone regulatory provision.

Part 6    Electric ant biosecurity zone regulatory provisions

Division 1 Biosecurity zone

74   Establishing biosecurity zone—Act, s 128(1)(a)

(1)The part of the State identified as the electric ant biosecurity zone (the electric ant biosecurity zone) on the electric ant biosecurity zone map is established as a biosecurity zone for electric ants.

(2)In this section—

electric ant biosecurity zone map means the map called ‘Electric ant biosecurity zone map—EA03’ dated 30 September 2024.

74A   Lesser restrictions areas—Act, s 129

(1)The chief executive may, under section 129(1)(c)(i) of the Act, establish particular areas (each a lesser restrictions area) within the electric ant biosecurity zone.

(2)The chief executive may, under section 129(1)(c)(ii) of the Act, provide for lesser restrictions, in relation to a lesser restrictions area, than would otherwise apply in relation to the area under this part.

75   Moving an electric ant carrier from electric ant biosecurity zone

(1)A person must not move an electric ant carrier from a place in the electric ant biosecurity zone that is not a lesser restrictions area.

(2)However, a person may move the carrier to a waste facility listed on the department’s website as being a waste facility that accepts electric ant carriers.

Notes—

1A biosecurity instrument permit, under chapter 6, part 4 of the Act, may authorise non-compliance with a biosecurity zone regulatory provision.

2See section 74A for the establishment of lesser restrictions areas to which lesser restrictions may apply.

76   Moving an electric ant from or within electric ant biosecurity zone

A person must not move a live electric ant, from a place in the electric ant biosecurity zone to another place, within or outside the electric ant biosecurity zone, unless the person moves the electric ant under a biosecurity authorisation.

Note—

A biosecurity instrument permit, under chapter 6, part 4 of the Act, may authorise non-compliance with a biosecurity zone regulatory provision.

77   Keeping an electric ant outside electric ant biosecurity zone or in lesser restrictions area

A person must not keep, in the person’s possession or under the person’s control, a live electric ant outside the electric ant biosecurity zone or in a lesser restrictions area, unless the electric ant is kept under a biosecurity authorisation.

Notes—

1A biosecurity instrument permit, under chapter 6, part 4 of the Act, may authorise non-compliance with a biosecurity zone regulatory provision.

2See section 74A for the establishment of lesser restrictions areas to which lesser restrictions may apply.

Part 7    Banana pest biosecurity zone regulatory provisions

Division 1 Biosecurity zones

78   Establishing biosecurity zones—Act, s 128(1)(a)

(1)The part of the State identified as the northern banana biosecurity zone (the northern banana biosecurity zone) on the banana biosecurity zone map is established as a biosecurity zone for banana pests.

(2)The part of the State identified as the southern banana biosecurity zone (the southern banana biosecurity zone) on the banana biosecurity zone map is established as a biosecurity zone for bunchy top.

(3)In this section—

banana biosecurity zone map means the map called ‘Banana biosecurity zone map’ dated 6 June 2016.

Division 2 Movement restrictions

79   Moving a banana pest carrier other than banana fruit from a banana biosecurity zone

(1)A person must not move a banana pest carrier, other than banana fruit, from the northern banana biosecurity zone or the southern banana biosecurity zone to a place in the State outside the biosecurity zone.

Notes—

1Under section 48, there are restrictions on moving a banana pest carrier into the State.

2Under section 63, there are restrictions on moving a far northern pest carrier, which includes banana pest carriers, from far northern biosecurity zone 1 or 2.

(2)However, a person may move the carrier under a biosecurity authorisation.

(3)Also, a person may move the carrier if—

(a)either of the following apply—

(i)for a banana pest carrier that is a banana plantlet—the plantlet has been grown under a scheme for the clean planting of banana plants that is stated in the biosecurity manual;

(ii)the person gets an acceptable biosecurity certificate that states the carrier meets the risk minimisation requirements for the carrier, before moving the carrier; and

(b)the person ensures, under section 46, that, until the move is completed, the carrier is dealt with in accordance with the risk minimisation requirements for the carrier.

Note—

A biosecurity instrument permit, under chapter 6, part 4 of the Act, may authorise non-compliance with a biosecurity zone regulatory provision.

80   Moving a banana pest carrier other than banana fruit into northern banana biosecurity zone

(1)A person must not move a banana pest carrier, other than banana fruit, into the northern banana biosecurity zone.

Note—

Under section 48, there are restrictions on moving a banana pest carrier into the State.

(2)However, a person may move the carrier only if—

(a)for a banana pest carrier that is a banana plantlet—the plantlet has been grown under a scheme for the clean planting of banana plants that is stated in the biosecurity manual; or

(b)the person—

(i)gets an acceptable biosecurity certificate that states the carrier meets the risk minimisation requirements for the carrier, before moving the carrier; and

(ii)ensures, under section 46, that, until the move is completed, the carrier is dealt with in accordance with the risk minimisation requirements for the carrier.

Note—

A biosecurity instrument permit, under chapter 6, part 4 of the Act, may authorise non-compliance with a biosecurity zone regulatory provision.

Part 8    Cattle tick biosecurity zone regulatory provisions

Division 1 Biosecurity zones

81   Establishing biosecurity zones—Act, s 128(1)(a)

(1)The part of the State identified as the cattle tick infested zone (the cattle tick infested zone) on the cattle tick biosecurity zone map is established as a biosecurity zone for cattle ticks.

(2)The part of the State identified as the cattle tick free zone (the cattle tick free zone) on the cattle tick biosecurity zone map is established as a biosecurity zone for cattle ticks.

(3)In this section—

cattle tick biosecurity zone map means the map called ‘Cattle tick biosecurity zone map’ dated 15 June 2018.

Division 2 Notifying the presence of cattle ticks

82   Notifying presence of cattle ticks

(1)This section applies if—

(a)a person—

(i)keeps a cattle tick carrier on land in the cattle tick free zone; or

(ii)is the owner of land in the cattle tick free zone on which a cattle tick carrier is kept; and

(b)the person becomes aware or believes, or ought reasonably to believe, that cattle ticks are present on the land; and

(c)the person has no grounds to believe that an inspector has already been made aware of the presence of cattle ticks on the land.

(2)The person must notify an inspector of the presence of cattle ticks on the land.

Notes—

1The presence of cattle ticks on land may also be a notifiable incident for which a person is required to advise an inspector under section 47 of the Act.

2A biosecurity instrument permit, under chapter 6, part 4 of the Act, may authorise non-compliance with a biosecurity zone regulatory provision.

(3)In this section—

present, on land, means—

(a)on the land; or

(b)on a cattle tick carrier that is on the land.

Division 3 Moving cattle tick carriers

83   Moving a cattle tick carrier into or through the cattle tick free zone

(1)This section applies in relation to the movement of a cattle tick carrier from a place in the cattle tick infested zone, other than a feedlot, into the cattle tick free zone.

(2)This section also applies in relation to the movement of a high risk tick carrier in a vehicle in the cattle tick free zone if—

(a)the carrier is being transported between 2 places in the cattle tick infested zone through the cattle tick free zone; and

(b)either of the following apply—

(i)the vehicle has stopped in the cattle tick free zone for at least 2 hours at any one time, or for a total period of at least 4 hours;

(ii)while the vehicle is in the cattle tick free zone, the carrier is removed from the vehicle or another cattle tick carrier is loaded into the vehicle.

(3)A person must not move the carrier unless—

(a)for high risk tick carriers—

(i)the person gets an acceptable biosecurity certificate that states the carrier meets the risk minimisation requirements for the carrier, before moving the carrier; and

(ii)the person ensures, under section 46, that, until the move is completed, the carrier is dealt with in accordance with the risk minimisation requirements for the carrier; or

(b)for low risk tick carriers—

(i)the person ensures the carrier meets the risk minimisation requirements for the carrier, before moving the carrier; and

(ii)the person keeps a written record of the steps taken to ensure the matters mentioned in subparagraph (i).

(4)However, subsection (3)(a) does not apply if—

(a)the high risk tick carrier is being moved directly to a clearing facility in the cattle tick free zone; and

(b)the person—

(i)ensures the carrier meets the risk minimisation requirements for the carrier, before moving the carrier; and

(ii)keeps a written record of the steps taken to ensure the matters mentioned in subparagraph (i).

(5)Section 194 of the Act applies to a movement to which subsection (3)(b) applies.

Note—

A biosecurity instrument permit, under chapter 6, part 4 of the Act, may authorise non-compliance with a biosecurity zone regulatory provision.

84   Moving a cattle tick carrier from infested land to the free zone or a prescribed facility

(1)This section applies in relation to the movement of a cattle tick carrier from infested land to—

(a)a part of the cattle tick free zone outside the boundary of the infested land; or

(b)a place in the cattle tick infested zone; or

(c)a prescribed facility, whether in the cattle tick free zone or the cattle tick infested zone.

(2)The owner of the infested land must not allow a person to move the carrier unless—

(a)for high risk tick carriers—

(i)the owner gets an acceptable biosecurity certificate that states the carrier meets the risk minimisation requirements for the carrier, before moving the carrier; and

(ii)the owner takes reasonable steps to ensure, under section 46, that, until the move is completed, the carrier is dealt with in accordance with the risk minimisation requirements for the carrier; or

(b)for low risk tick carriers—

(i)the owner ensures the carrier meets the risk minimisation requirements for the carrier, before moving the carrier; and

(ii)the owner takes reasonable steps to ensure a written record, of the steps taken to ensure the matters mentioned in subparagraph (i), is kept.

(3)However, subsection (2)(a) does not apply if—

(a)the high risk tick carrier is being moved directly to a clearing facility in the cattle tick free zone; and

(b)the owner—

(i)ensures the carrier meets the risk minimisation requirements for the carrier, before moving the carrier; and

(ii)takes reasonable steps to ensure a written record, of the steps taken to ensure the matters mentioned in subparagraph (i), is kept.

(4)Section 194 of the Act applies to a movement to which subsection (2)(b) applies.

Note—

A biosecurity instrument permit, under chapter 6, part 4 of the Act, may authorise non-compliance with a biosecurity zone regulatory provision.

85   Moving a cattle tick carrier from feedlot in cattle tick infested zone

(1)This section applies in relation to the movement of a cattle tick carrier from a feedlot in the cattle tick infested zone to a place outside the cattle tick infested zone.

(2)A person must not move the carrier unless the person—

(a)ensures the carrier meets the risk minimisation requirements for the carrier, before moving the carrier; and

(b)keeps a written record of the steps taken to ensure the matters mentioned in paragraph (a).

(3)Section 194 of the Act applies to the movement.

Note—

A biosecurity instrument permit, under chapter 6, part 4 of the Act, may authorise non-compliance with a biosecurity zone regulatory provision.

86   Moving a cattle tick carrier from clearing facility in cattle tick free zone

(1)This section applies in relation to the movement of a cattle tick carrier from a clearing facility in the cattle tick free zone to another place in the cattle tick free zone or the cattle tick infested zone.

(2)A person must not move the carrier unless—

(a)for high risk tick carriers—

(i)the person gets an acceptable biosecurity certificate that states the carrier meets the risk minimisation requirements for the carrier, before moving the carrier; and

(ii)the person ensures, under section 46, that, until the move is completed, the carrier is dealt with in accordance with the risk minimisation requirements for the carrier; or

(b)for low risk tick carriers—

(i)the person ensures the carrier meets the risk minimisation requirements for the carrier, before moving the carrier; and

(ii)the person keeps a written record of the steps taken to ensure the matters mentioned in subparagraph (i).

(3)Section 194 of the Act applies to a movement to which subsection (2)(b) applies.

Note—

A biosecurity instrument permit, under chapter 6, part 4 of the Act, may authorise non-compliance with a biosecurity zone regulatory provision.

87   Information for movement record—Act, s 195

(1)The following information is prescribed for section 195(1)(g) of the Act—

(a)for each treatment for cattle tick performed in relation to the animal for the purposes of the movement that the record keeping provision applies to—

(i)the date of the treatment; and

(ii)the type of treatment; and

Example—

a dip in a plunge dip

(b)for each inspection for cattle tick performed in relation to the animal for the purposes of the movement that the record keeping provision applies to—

(i)the date of the inspection; and

(ii)the name and contact details of the person who inspected the animal.

(2)In this section—

record keeping provision means sections 83(3)(b)(ii) and (4)(b)(ii), 84(2)(b)(ii) and (3)(b)(ii), 85(2)(b) or 86(2)(b)(ii).

Note—

For additional requirements relating to keeping records of movements, see chapter 7, part 3, division 4 of the Act.

Part 9    Grape phylloxera biosecurity zone regulatory provisions

88   Establishing biosecurity zones—Act, s 128(1)(a)

(1)The part of the State identified as the grape phylloxera exclusion zone (the State grape phylloxera exclusion zone) on the grape phylloxera biosecurity zone map is established as a biosecurity zone for grape phylloxera.

(2)The part of the State identified as the grape phylloxera risk zone (the State grape phylloxera risk zone) on the grape phylloxera biosecurity zone map is established as a biosecurity zone for grape phylloxera.

(3)In this section—

grape phylloxera biosecurity zone map means the map called ‘Grape phylloxera biosecurity zone map’ dated 6 June 2016.

89   Moving a grape phylloxera carrier into a grape phylloxera biosecurity zone

(1)A person must not move a grape phylloxera carrier from outside a grape phylloxera biosecurity zone into the biosecurity zone unless the person—

(a)gets an acceptable biosecurity certificate that states the carrier meets the risk minimisation requirements for the carrier, before moving the carrier; and

(b)ensures, under section 46, that, until the move is completed, the carrier is dealt with in accordance with the risk minimisation requirements for the carrier.

(2)However, a person may move the carrier under a biosecurity authorisation.

(3)Also, a person may move a prescribed grape phylloxera carrier—

(a)from an interstate grape phylloxera exclusion zone into a grape phylloxera biosecurity zone; or

(b)from the State grape phylloxera exclusion zone into the State grape phylloxera risk zone.

Note—

A biosecurity instrument permit, under chapter 6, part 4 of the Act, may authorise non-compliance with a biosecurity zone regulatory provision.

(4)In this section—

grape phylloxera carrier means a carrier mentioned in schedule 9.

interstate grape phylloxera exclusion zone means an area outside the State identified as a phylloxera exclusion zone in the national phylloxera management protocol.

national phylloxera management protocol means the document of that name developed by the National Vine Health Steering Committee.

prescribed grape phylloxera carrier means—

(a)table grapes that have been packed for human consumption; or

(b)wine grapes; or

(c)marc that has not been fermented; or

(d)must; or

(e)juice, other than filtered juice.

Part 10    Papaya ringspot biosecurity zone regulatory provisions

90   Establishing biosecurity zones—Act, s 128(1)(a)

(1)The part of the State identified as the papaya ringspot biosecurity zone 1 (papaya ringspot biosecurity zone 1) on the papaya ringspot biosecurity zone map is established as a biosecurity zone for papaya ringspot and papaya ringspot carriers that are plants of the genus Carica.

(2)The part of the State identified as the papaya ringspot biosecurity zone 2 (papaya ringspot biosecurity zone 2) on the papaya ringspot biosecurity zone map is established as a biosecurity zone for papaya ringspot and papaya ringspot carriers that are plants of the family Cucurbitaceae.

(3)In this section—

papaya ringspot biosecurity zone map means the map called ‘Papaya ringspot biosecurity zone map’ dated 6 June 2016.

91   Moving a papaya ringspot carrier from papaya ringspot biosecurity zone 1

(1)A person must not move a papaya ringspot carrier that is a plant of the genus Carica from the papaya ringspot biosecurity zone 1 to a place in the State outside the biosecurity zone.

(2)However, the person may move the carrier if—

(a)the person gets an acceptable biosecurity certificate that states the carrier meets the risk minimisation requirements for the carrier, before moving the carrier; and

(b)the person ensures, under section 46, that, until the move is completed, the carrier is dealt with in accordance with the risk minimisation requirements for the carrier.

Note—

A biosecurity instrument permit, under chapter 6, part 4 of the Act, may authorise non-compliance with a biosecurity zone regulatory provision.

92   Moving a papaya ringspot carrier from papaya ringspot biosecurity zone 2

A person must not move a papaya ringspot carrier that is a plant of the family Cucurbitaceae from the papaya ringspot biosecurity zone 2 to a place in the State outside papaya ringspot biosecurity zone 1.

Note—

A biosecurity instrument permit, under chapter 6, part 4 of the Act, may authorise non-compliance with a biosecurity zone regulatory provision.

Part 11    Sugar cane pest biosecurity zone regulatory provisions

93   Establishing biosecurity zones—Act, s 128(1)(a)

(1)The part of the State identified as sugar cane biosecurity zone 1 (sugar cane biosecurity zone 1) on the sugar cane biosecurity zone map is established as a biosecurity zone for—

(a)the Fiji leaf gall virus (syn. Fiji disease virus); and

(b)the Sugarcane striate mosaic-associated virus.

(2)The part of the State identified as sugar cane biosecurity zone 2 (sugar cane biosecurity zone 2) on the sugar cane biosecurity zone map is established as a biosecurity zone for—

(a)the Fiji leaf gall virus (syn. Fiji disease virus); and

(b)the Sugarcane striate mosaic-associated virus.

(3)The part of the State identified as sugar cane biosecurity zone 3 (sugar cane biosecurity zone 3) on the sugar cane biosecurity zone map is established as a biosecurity zone for the Fiji leaf gall virus (syn. Fiji disease virus).

(4)Each of the parts of the State identified as sugar cane biosecurity zones 4 and 5 (sugar cane biosecurity zones 4 and 5) on the sugar cane biosecurity zone map is established as a biosecurity zone for—

(a)the Fiji leaf gall virus (syn. Fiji disease virus); and

(b)the Sugarcane mosaic virus (Strain A).

(5)The part of the State identified as sugar cane biosecurity zone 6 (sugar cane biosecurity zone 6) on the sugar cane biosecurity zone map is established as a biosecurity zone for—

Part 2    Invasive animals

Invasive animal	Recognised biological control agent
european rabbit (Oryctolagus cuniculus)	•  myxoma virus (the agent causing myxomatosis) •  rabbit haemorrhagic disease virus (the agent causing rabbit haemorrhagic disease)

Schedule 5 Non-native invasive ornamental fish

schedule 11, definition non-native invasive ornamental fish

Column 1 Species	Column 2 Common name
Ameiurus brunneus	snail bullhead
Ameiurus catus	white catfish
Ameiurus melas	black bullhead
Ameiurus natalis	yellow bullhead
Ameiurus nebulosus	brown bullhead
Ameiurus platycephalus	flat bullhead
Ameiurus serracanthus	spotted bullhead
Anabas cobojius	gangetic climbing perch
Astyanax aeneus	banded tetra
Astyanax fasciatus	banded astyanax
Ctenopoma argentoventer	silverbelly ctenopoma
Ctenopoma kingsleyae	tailspot ctenopoma
Ctenopoma multispine	manyspined ctenopoma
Ctenopoma muriei	ocellated labyrinth fish
Ctenopoma nigropannosum	twospot climbing perch
Ctenopoma ocellatum	eyespot ctenopoma
Ctenopoma weeksii	mottled ctenopoma
Dormitator lebretonis
Eleotris amblyopsis	large scaled spiny cheek sleeper
Eleotris sandwicensis	sandwich island sleeper
Helicophagus leptorhynchus
Helicophagus waandersii
Himantura kittipongi
Himantura krempfi	marbled freshwater whip ray
Himantura oxyrhyncha	marbled whip ray
Ictalurus balsanus	balsas catfish
Ictalurus dugesii	lerma catfish
Ictalurus furcatus	blue catfish
Ictalurus lupus	headwater catfish
Ictalurus mexicanus	rio verde catfish
Ictalurus ochoterenai	chapala catfish
Ictalurus pricei	yaqui catfish
Noturus albater	ozark madtom
Noturus baileyi	smoky madtom
Noturus crypticus	chucky madtom
Noturus elegans	elegant madtom
Noturus eleutherus	mountain madtom
Noturus exilis	slender madtom
Noturus fasciatus	saddled madtom
Noturus flavater	checkered madtom
Noturus flavipinnis	yellowfin madtom
Noturus flavus	stonecat
Noturus funebris	black madtom
Noturus furiosus	carolina madtom
Noturus gilberti	orangefin madtom
Noturus gladiator
Noturus gyrinus	tadpole madtom
Noturus hildebrandi hildebrandi	least madtom
Noturus hildebrandi lautus
Noturus insignis	margined madtom
Noturus lachneri	ouachita madtom
Noturus leptacanthus	speckled madtom
Noturus maydeni	black river madtom
Noturus miurus	brindled madtom
Noturus munitus	frecklebelly madtom
Noturus nocturnus	freckled madtom
Noturus phaeus	brown madtom
Noturus placidus	neosho madtom
Noturus stanauli	pygmy madtom
Noturus stigmosus	northern madtom
Noturus taylori	caddo madtom
Noturus trautmani	scioto madtom
Pylodictis olivaris	flathead catfish
Rutilus rutilus	roach
Tinca tinca	tench

Schedule 6 Mediterranean fruit fly carriers

section 55(4), definition Mediterranean fruit fly carrier

Common name

Scientific name

abiu

Pouteria caimito

acerola

Malpighia glabra L.
M.glabra x M.punicifolia L. (Barbados cherry)

achchairu

Garcinia humilis

akee

Blighia sapida

akia

Wikstroemia phillyreifolia

almond (with husk)

Prunus amygdalus Batsch => Prunus dulcis

apple

Malus domestica
Malus sylvestris (crab apple)

apricot

Prunus armeniaca L.

avocado

Persea americana

barbados cherry

Malpighia punicifolia L.

babaco (ripe)

Carica pentagona

banana

Musa spp.

berries, other than strawberries, not mentioned elsewhere in this schedule

blackberry

Rubus fruiticosus L.

black plum

Syzygium cumini

black sapote

Diospyros digyna

black walnut

Juglans nigra L.

blueberry

Vaccinium corymbosum L.

blue-crown passion flower

Passiflora coerulea

bourbon orange

Ochrosia elliptica

boxthorn

Lycium europaeum L.

boysenberry

Rubus ursinus x idaeus

brazil cherry

see grumichama

breadfruit

Artocarpus altilis

calamondin orange

Citrofortunella mitis

camito (star cherry)

Chrysophyllum cainito L.

cape gooseberry

Physalis peruviana L.

capsicum

Capsicum annuum L. var. grossum L. sendt

carambola (star fruit)

Averrhoa carambola L.

carissa, not mentioned elsewhere in this schedule

Carissa spp.

cashew apple

Anacardium occidentale L.

casimiroa (white sapote)

Casimiroa edulis

chapote

Diospyros texana

cherimoya

Annona cherimolia

cherry

P. cerasus L. (sour cherry)
Prunus avium L. (sweet cherry)

chilli

Capsicum annuum v acuminatum Fingerh. (chillies)
C. annuum v cerasiforme Irish (cherry peppers)
C. annuum v conoides Irish (tabasco)

choko

Sechium edule

citron

Citrus medica L.

citrus, not mentioned elsewhere in this schedule

cocoa

Theobroma cacao

coffee berry

Coffea arabica (arabian coffee)
C. canephora
C. excelsa Chiov. (excelsa coffee)
C. liberica Hiern. (liberian coffee)
C. robusta Linden (robusta coffee)

cola

Cola natalensis

common jujube

Ziziphus jujuba

custard apple

Annona squamosa L. x A.cherimolia

date (fresh)

Phoenix dactylifera L.

diospyros, not mentioned elsewhere in this schedule

Diospyros spp.

durian

Durio zibethinus

eggplant

Solanum melongena L.

eugenia, not mentioned elsewhere in this schedule

Eugenia spp.

feijoa

Acca sellowiana

fig

Ficus carica L.

goji berry

Lycium barbarum

gooseberry

Ribes uva-crispa

granadilla

Passiflora quadrangularis L.

grape

Vitis labrusca L. (isabella grape)
Vitis vinifera L. (wine grape)

grapefruit

Citrus paradisi

green sapote

Pouteria viridis

grumichama (brazil cherry)

Eugenia braziliensis

guava

Psidium guajava L.

P. littorale Raddi syn P. cattleianum Sabine (strawberry guava)

P. cattleianum Sabine var. guineense Sw. (brazilian guava)

P. cattleianum var. lucidum (yellow cattley guava)

P. friedrichsthalianum (costa rican guava)

hawthorn

Crataegis spp.

indian caper (fresh)

Capparis sepiaria

ironwood

Sideroxylon inerme

jaboticaba

Myrciaria cauliflora

jackfruit

Artocarpus heterophyllus

jambu

Syzygium cumini L. Skeels

jerusalem cherry

Solanum pseudocapsicum L.

jujube

Ziziphus mauritania

kei apple

Dovyalis caffra Warb.

kiwifruit

Actinidia deliciosa

kumquat

Fortunella japonica *F.margarita

lemon

Citrus limon x C. chinense

lemon (meyer)

Citrus meyeri

lime

Citrus aurantiifolia (West Indian lime)
C. latifolia (Tahitian lime)
C. reticulata var. Austera (Rangpur lime)

loganberry

Rubus loganobaccus

longan

Euphoria longan

loofah, smooth

Luffa cylindrical

loquat

Eriobotrya japonica

lychee

Litchi chinensis

lycium, not mentioned elsewhere in this schedule

Lycium spp.

madagascar olive

Noronihia emarginata

mamey sapote

Pouteria spanota

mandarin

Citrus reticulata

mangosteen

Garcinia mangostana L.

mango

Mangifera indica L.

medlar

Mespilus germanica

mimusops, not mentioned elsewhere in this schedule

Mimusops spp.

mock orange

Murraya paniculata M exotica

mombin (vai apple, hog plum)

Spondias aurantiaca syn. Spondias mambin L.

monstera

Monstera deliciosa

mountain apple (malay apple)

Syzygium malaccensis Eugenia

mulberry

Morus nigra L.

nashi

Pyrus pyrifolia var. culta betulaefolia

natal plum

Carissa macrocarpa
Terminalia chebula

nectarine

Prunus persicae var. nectarina

olive

Olea europaea

orange

Citrus aurantium L.

oriental pear tree

Pyrus pyrifolia

otaheite apple

Spondias dulcis

papaya

Carica papaya L.

passionfruit

Passiflora edulis f. edulis (purple passionfruit)
P. edulis f. flavicarpa (yellow passionfruit)

peach

Prunus persicae

peacharine

Prunus nucipersica

peachcot

Prunus persica x P. armeniaca

pear

Pyrus communis L.

pepino

Solanum muricatum Aiton

persimmon

Diospyros kaki L.f. (japanese persimmon)
D.decandra Lour. (persimmon)

plum

Prunus domestica (prune)
Prunus insitita L. (damson plum)
Prunus salicina (japanese plum)

plumcot

Prunus domestica x P. armeniaca

pomegranate

Punica granatum L.

pond apple

Annona glabra L.

prickly pear

Opuntia ficus indica or Opuntia stricta

pummelo

Citrus grandis L. osbeck

pyrus

Pyrus syriaca

quince

Cydonia oblonga

rambutan

Nephelium lappaceum L.

raspberry

Rubus idaeus L.

rollinia

Rollinia deliciosa

rose apple

Syzygium jambos L.

santol

Sandoricum indicum

sapodilla

Manilkara zapota L.

sapote, not mentioned elsewhere in this schedule

Family Saptotaceae
Family Ebenaceae sapotes

shaddock

Citrus maxima

soursop

Annona muricata L.

south american sapote

Quararibea cordata

spanish cherry

Mimusops elengi L.

spondias, not mentioned elsewhere in this schedule

stonefruit, not mentioned elsewhere in this schedule

surinam cherry

Eugenia uniflora L.

sweetsop (sugar apple)

Annona squamosa L.

tamarillo

Cyphomandra betacea

tangelo

Citrus reticulata x C. paradisi

tomato

Lycopersicon esculentum L.

tree tomato

Cyphomandra betacea

tropical almond

Terminalia catappa L.

walnut

Juglans regia L.

wax apple (rose apple)

Syzgium jambos L.
Syn. Eugenia jambos L.

wax jambu

Syzgium samarangense

ziziphus

Ziziphus joazeiro

Schedule 7 Pyriform scale carriers

section 56(3), definition pyriform scale carrier, paragraph (b)

Acanthaceae

Agavaceae

Anacardiaceae

Apocynaceae

Aquifoliaceae

Araceae

Araliaceae

Asclepiadaceae

Cannaceae

Caprifoliaceae

Caricaceae

Convolvulaceae

Ebenaceae

Elaeocarpaceae

Euphorbiaceae

Fabaceae

Lauraceae

Lythraceae

Malpighiaceae

Malvaceae

Moraceae

Musaceae

Myricaceae

Myrtaceae

Oleaceae

Orchidaceae

Passifloraceae

Phyllanthaceae

Pittosporaceae

Punicaceae

Rubiaceae

Rutaceae

Saxifragaceae

Scrophulariaceae

Verbenaceae

Schedule 7A Citrus canker carriers

section 57B(4), definition citrus canker carrier, paragraph (a)

Common name	Scientific name
Acronychia wilcoxiana
African cherry orange	Citropsis schweinfurthii (syn. Limonia schweinfurthii)
Alemow	Citrus macrophylla
Alianthus-like prickly ash	Zanthoxylum ailanthoides
Atalantia spp.
Australian round lime	Citrus australis (syn. Microcitrus australis)
Bigaraldin	Citrus madurensis x Citrus aurantiifolia
Calamondin	Citrus madurensis
Calarin	Citrus deliciosa x Citrus madurensis
Calashu	Citrus unshiu x Citrus madurensis
Cicitrangle (cicitrange)	Citrus sinensis x Poncirus trifoliata (citrange) x Poncirus trifoliata
Citradia	Citrus aurantifolium x Poncirus trifoliata
Citrandin (citradarin)	Citrus nobilis x Poncirus trifoliata
Citrangarin	Citrus deliciosa x Citrus sinensis x Poncirus trifoliata (citrange) x Poncirus trifoliata
Citrange	Citrus sinensis x Poncirus trifoliata
Citrangedin	Citrus adurensis x Citrus sinensis x Poncirus trifoliata (citrange) x Poncirus trifoliata
Citrangequat	Citrus margarita (syn. Fortunella margarita) x Citrus sinensis x Poncirus trifoliata (citrange)
Citranguma	Citrus unshiu x Citrus sinensis x Poncirus trifoliata (citrange) x Poncirus trifoliata
Citrofortunella	Citrus spp. (syn. Citrofortunella spp.)
Citron	Citrus medica
Citroncirus spp.
Citropsis daweana (syn. Hesperethusa villosa)
Citrumelo	Citrus reticulata x Poncirus trifoliata
Citrunshu	Citrus unshiu x Poncirus trifoliata
Citrus amblycarpa
Citrus benikoji
Citrus davaoensis
Citrus depressa
Citrus excelsa
Clausena harmandiana
Citrus intermedia
Citrus leiocarpa
Citrus longispina
Citrus lycopersiciformis
Citrus maderaspatana
Clemelo	Citrus nobilis (clementine) x Citrus maxima
Cleopatra mandarin	Citrus reshni
Cochin China atalantia	Atalantia citroides
Desert lime (Australian desert lime)	Citrus glauca (syn. Eremocitrus glauca)
Evodia	Melicope denhamii (syn. Euodia ridleyi)
False foot of the turtle	Melicope triphylla
Faustrime	Citrus aurantiifolia x Citrus australasica (syn. Microcitrus australasica)
Faustrimedin	Citrus madurensis x Citrus australasica (syn. Microcitrus australasica)
Faustrimon	Citrus limon x Citrus australasica (syn. Microcitrus australasica)
Feroniella crassifolia
Finger lime	Citrus australasica (syn. Microcitrus australasica)
Grapefruit	Citrus paradisi
Hassaku orange	Citrus hassaku
Hong Kong kumquat	Citrus hindsii (syn. Fortunella hindsii)
Humpty doo lime	Citrus gracilis
Kaffir lime (Mauritius bitter orange)	Citrus hystrix
Kalpi	Citrus webberi
Khasi papeda	Citrus latipes
Kumquat	Citrus japonica (syn. Fortunella japonica)
Kuranga (Indian)	Atalantia racemosa (syn. Atalantia disticha)
Langsat	Lansium domesticum
Lemon	Citrus limon
Lemon aspen	Acronychia acidula
Lime berry	Micromelum minutum
Limelo	Citrus maxima x Citrus aurantiifolia
Limequat	Citrus japonica (syn. Fortunella japonica) x Citrus aurantiifolia
Lunasia amara
Mandarin and Tangerine	Citrus reticulata
Meiwa sweet kumquat	Citrus japonica subfo. crassifolia (syn. Fortunella crassifolia)
Meiwa sweet kumquat	Citrus crassifolia (syn. Fortunella crassifolia)
Melicope latifolia (syn. Euodia latifolia)
Mexican lime (West Indian lime)	Citrus aurantifolia
Meyer lemon	Citrus meyeri
Microcitronella spp.
Mountain citron	Citrus halimii
Mount White lime	Citrus garrawayi (syn. Microcitrus garrowayi)
Murcott tangor	Citrus reticulata x Citrus sinensis
Native mock orange	Murraya ovatifoliolata (syn. Murraya paniculata var. ovatifoliolata)
Natsudaidai	Citrus natsudaidai
North Queensland lime (Russell River lime)	Citrus inodora (syn. Microcitrus inodora)
Orangelo	Citrus maxima x Citrus sinensis
Orangequat	Citrus margarita (syn. Fortunella margarita) x Citrus sinensis
Oval kumquat	Citrus margarita (syn. Fortunella margarita)
Palestine sweet lime	Citrus limettioides
Paramignya longipedunculata
Paramignya monophylla
Pummelo	Citrus maxima (syn. Citrus grandis)
Rangpur	Citrus limonia
Rough lemon	Citrus jambhiri
Satsumelo	Citrus unshiu x Citrus maxima
Siamelo	Citrus nobilis (King of Siam) x Citrus maxima
Siamor	Citrus nobilis (King of Siam) x Citrus sinensis
Sour mandarin	Citrus sunki
Sour orange	Citrus taiwanica
Sour oranges	Citrus aurantium
sweet lemon tree	Citrus limetta
Sweet orange (Navel orange)	Citrus sinensis
Swinglea glutinosa (syn. Chaetospermum glutinosa, Aegle glutinosa)
Swingle citrumelo	Citrus paradisi x Poncirus trifoliata
Tachibana	Citrus tachibana
Tahiti lime	Citrus latifolia
Tangelo	Citrus deliciosa x Citrus maxima
Tangelo	Citrus x tangelo
Tangor	Citrus nobilis
Tankan mandarin	Citrus tankan
Toddalia asiatica
Tooth-ache tree	Zanthoxylum clava-herculis (syn. Xanthoxylum clava-herculis)
Tosu sour orange	Citrus neo-aurantium
Trifoliate orange	Poncirus trifoliata
Unshu mandarin (Satsuma)	Citrus unshiu
Wampee (wampi)	Clausena lansium
White sapote	Casimiroa sapota (syn. Casimiroa edulis)
Wild lime	Zanthoxylum fagara (syn. Xanthoxylum fagara)
Yuzu	Citrus junos

Schedule 8 Far northern pests

schedule 11, definition far northern pest

Common name	Scientific name and author
asian honey bee	Apis cerana javana
black Sigatoka of banana	Mycosphaerella fijiensis
breadfruit fruit fly	Bactrocera umbrosa (Fabricus)
citrus black fly	Aleurocanthus woglumi (Ashby)
coffee mealybug	Planoccoccus lilacinus (Cockrell)
jack beardsley mealybug	Pseudococcus jackbeardsleyi (Gimpel and Miller)
mango fruit borer	Citripestis eutraphera (Meyrick)
mango leaf gall midge	Procontarinia spp.
melon fly	Bactrocera cucurbitae (Coquillett)
New Guinea fruit fly	Bactrocera trivialis
island sugar cane planthopper	Eumetopina flavipes
oriental fruit fly	Bactrocera dorsalis
peach fruit fly	Bactrocera zonata (Saunders)
red banded mango caterpillar	Deanolis sublimbalis (Snellen)
spider mite	Tetranychus piercei
sugar cane stem borer	Chilo spp.
varroa mite	Varroa destructor
varroa mite	Varroa jacobsoni
vegetable leafminer	Liriomyza sativae (Blanchard)

Schedule 9 Grape phylloxera carriers

section 89(4), definition grape phylloxera carrier

a grape plant Vitis spp., including—

•grapevine cuttings, buds and vegetative tissue, or plant parts, for propagation

•germplasm establishment cuttings

•grape rootlings

•any vegetative part of a grape plant

a product derived from a grape plant, including—

•table grapes

•wine grapes

•marc that has not been fermented

•must

•juice other than filtered juice

an appliance that has been used in connection with a viticulture activity

soil, or other growing mediums, that have been within 100m of a living grapevine

Schedule 10 Fees

section 127

Fee units
1	Application for the registration of a registrable biosecurity entity (Act, s 148(1)(e))—
(a)  in relation to the keeping of designated animals other than bees, for each year applied for	48.30
(b)  in relation to the keeping of bees, for each year applied for	32.60
2	Renewal of registration of a registered biosecurity entity (Act, s 156(2)(a))—
(a)  in relation to the keeping of designated animals other than bees, for each year of registration	48.30
(b)  in relation to the keeping of bees, for each year of registration	32.60
3	Application to end the following declarations (Act, s 164C(b))—
(a)  the declaration of a place as a restricted place;	79.95
(b)  the declaration of a designated animal as a restricted animal;	79.95
(c)  the declaration of designated biosecurity matter as restricted biosecurity matter	79.95
4	Giving a copy of information held in the biosecurity register (Act, s 173(1))	51.40
5	Application for a prohibited matter permit or restricted matter permit (Act, s 214(2)(b)(ii))	443.65
6	Application for renewal of a prohibited matter permit or restricted matter permit (Act, s 225(2)(c))	443.65
7	Application for the transfer of a prohibited matter permit or restricted matter permit (Act, s 230(1))	79.95
8	Copy of all or part of the information held in the register of prohibited matter and restricted matter permits (Act, s 231(4))	51.40
9	Inspection of a register of biosecurity orders kept by a chief executive officer of a local government, for each hour (Act, s 379(5))	17.10
10	Copy of all or part of the information held in a register of biosecurity orders (Act, s 379(6))	51.40
11	Application to enter into a compliance agreement with the State, for each year of the term of the agreement applied for (Act, s 396(3))	146.75
12	Giving of a biosecurity certificate by an authorised officer who is also an accredited certifier (Act, s 419) if—
(a)  the authorised officer does not visit a place for the purpose of giving the certificate; and
(b)  preparing the certificate takes no more than 15 minutes	54.70
13	Application for the grant of an accreditation, for each year of the term of the accreditation applied for (Act, s 420(2)(b))	335.30
14	Application for the renewal of an accreditation, for each year of the term of the accreditation applied for (Act, s 432(2)(c))	335.30
15	Application for an approval as an auditor (Act, s 460(2)(b)), the total of the following fees—
(a)  the application fee	165.95
(b)  the additional fee, for each year of the term of the approval applied for	428.35
16	Application for the renewal of an approval as an auditor (Act, s 460(2)(b)), the total of the following fees—
(a)  the application fee	165.95
(b)  the additional fee, for each year of the term of the approval applied for	428.35
17	Application for the amendment of the conditions of a relevant authority (Act, s 479(2)(b))	82.30

Schedule 11 Dictionary

section 3

Agvet Code means the Agvet Code of Queensland.

animal health committee means the sub-committee of the National Biosecurity Committee established under the Intergovernmental Agreement on Biosecurity.

apiary means—

(a)a hive standing alone; or

(b)2 or more hives standing in a group.

apiary appliance, for chapter 5, part 12A, see section 94EA.

apiary product, for chapter 5, part 12A, see section 94EA.

apiary site means a site where an apiary is situated in or on any place or premises.

appliance includes an apparatus, equipment, machinery, or a vehicle.

approved facility means a facility listed in the biosecurity manual as an approved facility for receiving and handling diagnostic or analytical samples.

approved label see the Agvet Code, section 3.

APVMA see the Agvet Code, section 3.

banana appliance means an appliance that has been in contact with—

(a)a banana plant; or

(b)soil, or other growing mediums, in which a banana plant has been grown.

banana pest means—

(a)black Sigatoka; or

(b)bunchy top; or

(c)Cavendish-competent Panama disease tropical race 1; or

(d)freckle disease; or

(e)Panama disease tropical race 4.

banana pest carrier means—

(a)a banana plant; or

(b)soil, or other growing mediums, in which a banana plant has been grown; or

(c)a banana appliance.

banana plant—

(a)means a plant of the genera Musa or Ensete; and

(b)includes the bells, fruit, pseudostems, roots, seeds and suckers of the plant.

banana plantlet means a young or small banana plant.

bee, for chapter 5, part 12A, see section 94EA.

biosecurity area—

(a)for chapter 5, part 12, see section 94B(1); or

(b)for chapter 5, part 12A, see section 94EC(1).

biosecurity authorisation, for moving or otherwise dealing with biosecurity matter or a carrier, means—

(a)for moving or otherwise dealing with a carrier containing, or capable of moving, prohibited matter—an authorisation of a type mentioned in section 37(3)(a) of the Act; or

(b)for moving or otherwise dealing with restricted matter, or a carrier containing, or capable of moving, restricted matter—a restricted matter permit.

biosecurity management plan, for chapter 5, part 13, see section 94G(1) and (2).

biosecurity manual means the document titled ‘Biosecurity Manual’, kept by the chief executive in electronic form and available for inspection on the department’s website.

biosecurity zone map ...

black Sigatoka means the black Sigatoka of banana (Mycosphaerella fijiensis).

Note—

Black Sigatoka is mentioned as category 1 restricted matter in schedule 2 of the Act(subject to section 38 of the Act). See section 42 of the Actfor particular reporting obligations relating to category 1 restricted matter.

bunchy top means the banana bunchy top virus (Babuvirus).

Note—

Bunchy top is mentioned as category 1 restricted matter in schedule 2 of the Act(subject to section 38 of the Act). See section 42 of the Actfor particular reporting obligations relating to category 1 restricted matter.

carrier plant, for chapter 5, part 12B, see section 94EF.

cattle tick means—

(a)Rhipecephalus (Boophilus) australis; or

(b)Rhipecephalus (Boophilus) microplus.

cattle tick carrier means a designated animal that is a member of any of the following groups of animals—

(a)bison;

(b)buffalo;

(c)the family Camelidae;

Examples—

alpacas, Arabian camels, llamas

(d)cattle;

(e)deer;

(f)the family Equidae;

Examples—

horses, ponies, donkeys, mules

(g)goats;

(h)sheep.

cattle tick free zone see section 81(2).

cattle tick infested zone see section 81(1).

Cavendish-competent Panama disease tropical race 1 means the fusarium wilt of banana (Fusarium oxysporum f. sp. cubense tropical race 1 (strain VCG 01220)).

certified interstate free area, for biosecurity matter, means an area that is certified, in an interstate area freedom certificate, as being free of the biosecurity matter.

clean container movement system, for chapter 5, part 12A, see section 94EA.

clearing facility means a place where cattle tick carriers are inspected or treated for cattle tick.

copy of the movement record means a copy of the movement record mentioned in section 198(2) of the Act.

drainage channel, in relation to a prawn facility, means a channel or structure in which water flows from the facility to a body of water not forming part of the facility.

electric ant means Wasmannia auropunctata.

Note—

The electric ant or little fire ant (Wasmannia auropunctata) is mentioned as category 1 restricted matter in schedule 2 of the Act(subject to section 38 of the Act). See section 42 of the Actfor particular reporting obligations relating to category 1 restricted matter.

electric ant biosecurity zone see section 74.

electric ant carrier means—

(a)a fire ant carrier; or

(b)cuttings from plants growing in the electric ant biosecurity zone; or

(c)fruit from plants growing in the electric ant biosecurity zone; or

(d)a thing that has come into contact with the ground or soil in the electric ant biosecurity zone.

Examples—

bee hives, pot plants, garden furniture

exotic disease diagnostic test kit or method means a kit or device or test method that contains or involves biological preparations or synthetic material used in a laboratory or elsewhere to—

(a)diagnose, identify, or detect the presence or absence of an exotic animal disease, its causative agent or an exotic strain of a causative agent of an endemic disease; or

(b)determine whether antibodies, proteins, hormones, enzymes or genetic material associated with the disease causative agent are present or absent.

far northern biosecurity zone 1 see section 62(1).

far northern biosecurity zone 2 see section 62(2).

far northern pest means a biosecurity matter mentioned in schedule 8.

feed see schedule 3, section 4.

fermented, in relation to a substance, means the substance has undergone a fermentation process for at least 4 days.

filtered, in relation to a substance, means the substance has undergone one of the following processes to remove all particles larger than 50 microns in diameter from the substance—

(a)passing through a filter;

(b)centrifugation;

(c)cold settling.

filtered juice, for grapes, means grape juice that has been filtered.

fire ant means the red imported fire ant (Solenopsis invicta).

Note—

The red imported fire ant (Solenopsis invicta) is mentioned as category 1 restricted matter in schedule 2 of the Act(subject to section 38 of the Act). See section 42 of the Actfor particular reporting obligations relating to category 1 restricted matter.

fire ant biosecurity zone means the fire ant biosecurity zone 1 or fire ant biosecurity zone 2.

fire ant biosecurity zone 1 see section 66(1).

fire ant biosecurity zone 2 see section 66(2).

fire ant biosecurity zone 3 ...

fire ant carrier means—

(a)baled hay or straw; or

(b)material that is a product or by-product of mining or quarrying; or

Examples—

chitters, coal fines, coal stone, decomposed granite, gravel, overburden

(c)material that is a product or by-product of the processing of an animal, or something that comes from an animal; or

Examples—

solid waste produced by processing an animal at an abattoir, animal manure

(d)material that is a product or by-product of the processing of a plant, or something that comes from a plant; or

Examples—

mulch, sawdust, green waste, compost

(e)a potted plant; or

(f)soil; or

(g)a thing that has soil, or an organic soil substitute, attached to it.

Examples—

•turf

•an advanced plant with soil on its roots that has been removed from the ground for re-planting

•an appliance that soil or another growing medium is attached to

food producing animal see schedule 3, section 3.

food standards code means the Australia New Zealand Food Standards Code within the meaning of the Food Standards Australia New Zealand Act 1991 (Cwlth).

Note—

The food standards code is available online at Food Standards Australia New Zealand’s website.

freckle disease means freckle disease of banana (Phyllosticta and Guignardia species pathogenic on banana, other than P. maculata).

Note—

Freckle disease is mentioned as prohibited matter in schedule 1 of the Act(subject to section 29 of the Act). See chapter 2, part 2, division 2, of the Act for particular obligations relating to prohibited matter.

grape phylloxera means grape phylloxera (Daktulosphaira vitifolii) (Fitch).

Note—

Grape phylloxera is mentioned as prohibited matter in schedule 1 of the Act(subject to section 29 of the Act). See chapter 2, part 2, division 2, of the Act for particular obligations relating to prohibited matter.

grape phylloxera biosecurity zone means the State grape phylloxera exclusion zone or the State grape phylloxera risk zone.

growing medium means a substance capable of supporting growth of plants.

Examples—

peat, pine bark, sand, soil

high risk tick carrier means a cattle tick carrier other than a low risk tick carrier.

infested land, for cattle tick, means land—

(a)that is declared to be a restricted place, under section 161 of the Act, because cattle tick is, or could be, present on the land; and

(b)for which the chief executive has given an information notice under section 161(6) of the Act.

intake channel, in relation to a prawn facility, means a channel or structure in which water flows from a body of water not forming part of the facility into the facility.

intensive animal feedlotting means the prescribed environmentally relevant activity of that name under the Environmental Protection Regulation 2019, schedule 2, section 2.

interstate area freedom certificate means a certificate, issued by another State, certifying that the other State or a stated area or property in the other State is free of stated biosecurity matter.

juice means a liquid that—

(a)is the liquid faction of must; and

(b)may contain small suspended solids, other than grape skin or seeds.

label, for feed, means a label mentioned in schedule 3, section 10(1)(a).

lesser restrictions area see section 74A(1).

low risk tick carrier means a cattle tick carrier that is a member of any of the following groups of animals—

(a)the family Camelidae;

Examples—

alpacas, Arabian camels, llamas

(b)the family Equidae;

Examples—

horses, ponies, donkeys, mules

(c)goats;

(d)sheep.

management area, for chapter 5, part 13, see section 94F.

mango plant means Mangifera indica L.

manufactured feed see schedule 3, section 5.

marc means the fraction of must that is not juice.

must, for grapes, means the total product of crushing grape berries including juice, skins, seeds, pulp, and possibly some stems and leaves.

national standard for certification of seed potatoes means the document of that name approved by AUSVEG.

Editor's note—

The national standard for certification of seed potatoes is available on the department’s website.

negative RAM statement see section 37(2).

negative result, in relation to the use of an exotic disease diagnostic test kit or method, means the use of the test kit or method—

(a)fails to diagnose, identify, or detect the presence of an exotic animal disease, its causative agent or an exotic strain of a causative agent of an endemic disease; or

(b)determines that antibodies, proteins, hormones, enzymes or genetic material associated with the disease causing agent are absent.

non-native invasive ornamental fish means a fish mentioned in schedule 5.

northern banana biosecurity zone see section 78(1).

packing, for chapter 5, part 12A, see section 94EA.

Panama disease tropical race 4 means the fusarium wilt of banana (Fusarium oxysporum f. sp. cubense tropical race 4).

Note—

Panama disease tropical race 4 is mentioned as category 1 restricted matter in schedule 2 of the Act(subject to section 38 of the Act). See section 42 of the Actfor particular reporting obligations relating to category 1 restricted matter.

papaya ringspot means papaya ringspot virus type P.

papaya ringspot biosecurity zone 1 see section 90(1).

papaya ringspot biosecurity zone 2 see section 90(2).

papaya ringspot carrier means—

(a)a plant of the genus Carica; or

Example—

a papaya plant

(b)a plant of the family Cucurbitaceae.

Examples—

cucumber, melon, pumpkin, squash

polyphagous shot-hole borer, for chapter 5, part 12B, see section 94EF.

polyphagous shot-hole borer biosecurity zone, for chapter 5, part 12B, see section 94EG.

polyphagous shot-hole borer carrier, for chapter 5, part 12B, see section 94EF.

positive RAM statement see section 36(2).

positive result, in relation to the use of an exotic disease diagnostic test kit or method, means the use of the test kit or method—

(a)diagnoses, identifies, or detects the presence of an exotic animal disease, its causative agent or an exotic strain of a causative agent of an endemic disease; or

(b)determines that antibodies, proteins, hormones, enzymes or genetic material associated with the disease causing agent are present.

potted plant means a plant grown in a growing medium in a container.

prawn facility means a land-based premises at which aquaculture activities are carried out under an authority under the Fisheries Act 1994 if—

(a)prawns (family Penaeidae) are grown at the facility; or

(b)less than 1 year has elapsed since prawns (family Penaeidae) were grown at the facility.

prescribed facility means—

(a)a meat processing facility that is permanently fixed and operated by an entity holding an accreditation under the Food Production (Safety) Act 2000 authorising the holder to process meat at the facility; or

(b)a feedlot where intensive animal feedlotting is periodically carried on; or

(c)a clearing facility.

processed beeswax, for chapter 5, part 12A, see section 94EA.

processed honey, for chapter 5, part 12A, see section 94EA.

processed wood, for chapter 5, part 12B, see section 94EF.

pyriform scale means pyriform scale (Protopulvinaria pyriformis).

risk minimisation requirement, for dealing with biosecurity matter or a carrier, means a requirement stated in the biosecurity manual for preventing or minimising a biosecurity risk posed, or likely to be posed, by dealing with the biosecurity matter or carrier.

seed potato means a potato that is intended for replanting for the purpose of producing a new potato plant.

soil includes—

(a)clay; and

(b)fill; and

(c)material removed from the ground at a site where earthworks are being carried out; and

Examples of material for paragraph (c)—

building rubble, rocks

(d)scrapings.

southern banana biosecurity zone see section 78(2).

special risk fire ant carrier ...

State grape phylloxera exclusion zone see section 88(1).

State grape phylloxera risk zone see section 88(2).

sugar cane biosecurity zone 1 see section 93(1).

sugar cane biosecurity zone 2 see section 93(2).

sugar cane biosecurity zone 3 see section 93(3).

sugar cane biosecurity zones 4 and 5 see section 93(4).

sugar cane biosecurity zone 6 see section 93(5).

sugar cane plant means a plant of the genus Saccharum.

test kit or method approval see section 26(1).

THC means tetrahydrocannabinol.

transit facility means—

(a)a spelling facility for stock; or

(b)a yard used as a dip for travelling stock; or

(c)another facility for drafting, weighing, reconsigning or transhipping stock.

varroa mite, for chapter 5, part 12A, see section 94EA.

varroa mite biosecurity zone, for chapter 5, part 12A, see section 94EB.

varroa mite carrier, for chapter 5, part 12A, see section 94EA.

waste facility see the Waste Reduction and Recycling Act 2011, schedule.

white spot biosecurity zone see section 94A.

white spot syndrome virus carrier means—

(a)a decapod crustacean; or

(b)a polychaete worm.