Enzootic Diseases Amendment Regulations 2011 (WA)
15 April 2011 GOVERNMENT GAZETTE, WA 1399 AGRICULTURE AND FOOD
AG:301*
Stock Diseases (Regulations) Act 1968
Enzootic Diseases Amendment Regulations 2011
Made by the Governor in Executive Council.
I. Citation
These regulations are the Enzootic Diseases Amendment
Regulations 2011.2. Commencement
These regulations come into operation as follows —
(a)
regulations 1 and 2— on the day on which these regulations are published in the Gazette;
(b) the rest of the regulations — on the day after that day.
regulation 4B(5);
3. Regulations amended
These regulations amend the Enzootic Diseases
Regulations 1970.4. Regulation 4 amended
In regulation 4(1) insert in alphabetical order:NLIS database update the NLIS database, in relation to an NLIS device, means to update information on the database in relation to that device in accordance with
means the electronic database
maintained under regulation 4B;
| 1400 | GOVERNMENT GAZETTE, WA | 15 April 2011 |
5. Regulation 4B inserted
After regulation 4A insert:
4B. Electronic database (1) The Chief Inspector is to ensure that an electronic database is maintained in accordance with this
regulation by an approved person.
(2) The database is to contain the following -
(a) information prescribed under subregulation (3) in respect of each NLIS device; (b) information required by these regulations in respect of the movement of animals to which an NLIS device is applied; (c) information required by these regulations in respect of the movement of animals to which an NLIS device is not applied.
(3) The information on the database in respect of an NLIS device is to include the following -
(a) the identification numbers of the device;
(b) if the device is not applied to an animal - the
relevant PlC of the property in relation to
which the device was issued;
(c) if the device is applied to an animal -
(i) the relevant PlC of the property on which the animal is kept for the time being by its owner; and
(ii) any slaughter or death in other circumstances of the animal, or export of the animal;
(d) any other approved information.
(4) The information recorded in the database is to be made accessible on a website to -
(a)
persons who are required by these regulations to update the database; and
(b)
persons who are required by these regulations to record information in the database; and
(c)
inspectors for the purposes of administering the Act; and
(d)
persons whose access to the database is approved by the Chief Inspector.
(5) A person may update the database by -
(a) accessing the website; or (b)
sending the updated information to an approved person electronically or in another approved manner.
15 April 2011 GOVERNMENT GAZETTE, WA 1401
(6) A person must not enter false or misleading
information into the database.
Penalty: a fine of $5 000.(7) A copy or print-out of an entry in the database is
evidence of the facts stated in the copy or print-out and,
in the absence of evidence to the contrary, is proof of
those facts.(8) The Chief Inspector or an approved person may update
the database to correct any errors.6. Regulation 76 amended
In regulation 76 delete the definitions of:
NLIS database
NLIS device
update the NLIS database7. Regulation 77 amended
In regulation 77(1) delete "Part" and insert:Act
8. Part 8A Division 3 deleted
Delete Part 8A Division 3.
9. Regulation 84B amended
In regulation 84B(2)(a) after "moved" insert:
directly 10. Regulation 841 replaced
Delete regulation 841 and insert:
841. Responsibilities of holding yard operators
(1) If animals are moved to a holding yard from a
particular property and are to be kept there for more
than 48 hours, the holding yard operator must, within
48 hours after the animals are moved to the holding
yard, record in the NLIS database the following -
(a) the number of animals moved; (b) the date the animals arrived at the holding yard; (c)
the relevant PlC of the property from which the animals were moved to the holding yard;
| 1402 | GOVERNMENT GAZETTE, WA | 15 April 2011 |
(d) the relevant PlC of the holding yard; (e)
the serial number of the waybill or other document prescribed under the Stock (Identification and Movement) Act 1970 section 46 relating to the movement of the animals to the holding yard.
Penalty: a fine of $5 000.
(2) If animals are moved to a holding yard from a
particular property and are kept there for more than
48 hours, the holding yard operator must, within
48 hours after the animals are moved from the holdingyard, record in the NLIS database the following -
(a) the number of animals moved; (b) the date the animals were moved; (c)
the relevant PlC of the destination to which the animals are moved from the holding yard;
(d) the relevant PlC of the holding yard; (e)
the serial number of the waybill or other document prescribed under the Stock (Identification and Movement) Act 1970 section 46 relating to the movement of the animals from the holding yard.
Penalty: a fine of $5 000.
11. Regulation 84P amended
(1) Delete regulation 84P(l)(a) and (b) and insert:
(a)
apply to the animal an NLIS post breeder device; and
(b) update the NLIS database in relation to the
device by recording - (i) the relevant PlC of the property from which the animal was moved to the abattoir; and
(ii) the serial number of the waybill or other document prescribed under the Stock (Identification and Movement) Act 1970 section 46 relating to the movement of the animal to the abattoir; and
(iii) the date the animal was moved.
(2) At the end of regulation 84P insert:
(4) If an inspector approves the slaughter at an abattoir of
animals to which neither an NLIS device nor approved
15 April 2011 GOVERNMENT GAZETTE, WA 1403 identification is applied, the abattoir operator must
record in the NLIS database -
(a) the number of animals slaughtered; and (b)
the relevant PlC of the property from which the animals were moved to the abattoir; and
(c)
the serial number of the waybill or other document prescribed under the Stock (Identification and Movement) Act 1970 section 46 relating to the movement of the animals to the abattoir; and
(d) the relevant PlC of the abattoir; and (e) the date the animals were slaughtered. Penalty: a fine of $5 000.
(5) The abattoir operator must comply with the
requirements of subregulation (4) within 7 days after
the animals are slaughtered.
12. Regulation 84S amended
Delete regulation 84S(1) and (2) and insert:(1) If animals to which approved identification is applied
are moved to an abattoir and are slaughtered, the
abattoir operator must record in the NLIS database -
(a) the number of animals moved; and (b)
the relevant PlC of the property from which the animals were moved to the abattoir; and
(c)
the serial number of the waybill or other document prescribed under the Stock (Identification and Movement) Act 1970
section 46 relating to the movement of the animals to the abattoir; and (d) the relevant PlC of the abattoir; and (e) the date the animals were slaughtered. Penalty: a fine of $5 000.
(2) The abattoir operator must comply with the
requirements of subregulation (1) within 7 days after
the animals are slaughtered.
13. Regulation 84\' amended
Delete regulation 84V( 1 )(a) and (b) and insert:(a) apply to the animal an NLIS post breeder
device; and
| 1404 | GOVERNMENT GAZETTE, WA | 15 April 2011 |
(b) update the NLIS database in relation to the device by recording -
(i) the relevant PlC of the property from which the animal was moved to the export depot; and
(ii) the serial number of the waybill or other document prescribed under the Stock (Identification and Movement) Act 1970 section 46 relating to the movement of the animal to the export depot; and
(iii) the date the animal was moved.
14. Regulation 84\' amended
In regulation 84Y(3) delete "7 days" and insert:48 hours
15. Regulation 84Z replaced
Delete regulation 84Z and insert:
84Z. Responsibilities of export depot operators if
approved identification is applied
(1) If animals to which approved identification is applied
are moved to an export depot, the export depot operator
must, within 48 hours after the animals are moved to
the export depot, record in the NLIS database thefollowing -
(a) the number of animals moved; (b) the date the animals arrived at the export depot;
(c)
the relevant PlC of the property from which the animals were moved to the export depot;
(d) the relevant PlC of the export depot; (e)
the serial number of the waybill or other document prescribed under the Stock (Identification and Movement) Act 1970 section 46 relating to the movement of the animals to the export depot.
Penalty: a fine of $5 000.
(2) If animals to which approved identification is applied
are moved from an export depot, the export depot
operator must, within 48 hours after the animals aremoved, record in the NLIS database the following -
(a) the number of animals moved; (b) the date the animals were moved;
15 April 2011 GOVERNMENT GAZETTE, WA 1405
(c)
the relevant PlC of the destination to which the animals are moved from the export depot;
(d) the relevant PlC of the export depot; (e)
the serial number of the waybill or other document prescribed under the Stock (Identification and Movement) Act 1970 section 46 relating to the movement of the animals from the export depot.
Penalty: a fine of $5 000.
16. Regulation 8511 amended
(1) Delete regulation 85H(2). (2) Delete regulation 85H(3)(a). 17. Regulation 851 amended
Delete regulation 851(2)(a) and (b) and insert:
(a) the relevant PlC of the holding yard; and
(b) the relevant PlC of the property to which the animals are to be taken from the holding yard.
18. Regulation 85J replaced
Delete regulation 85J and insert:
85J. Responsibilities of purchasers at saleyard (1) A purchaser of an animal at a saleyard must, when
requested by the saleyard operator, provide details of
the relevant PlC in respect of the property on which the
animal is to be kept or slaughtered, or from which the animal is to be exported, by the purchaser.
Penalty: a fine of $5 000.
(2)
A purchaser of animals at a saleyard must not take possession of the animals unless they are moved in accordance with this Part.
Penalty: a fine of $5 000.
19. Regulation 85KA inserted
At the end of Part 9 Division 5 insert:
85KA. Responsibilities of purchasers at property
(1) A purchaser of an animal at a property must, when
requested by the operator of the property, provide
| 1406 | GOVERNMENT GAZETTE, WA | 15 April 2011 |
details of the relevant PlC of the property on which the
animal is to be kept or slaughtered, or from which the
animal is to be exported, by the purchaser.
Penalty: a fine of $5 000.(2) A purchaser of animals at a property must not take possession of the animals unless they are moved in accordance with this Part.
Penalty: a fine of $5 000.
20. Regulation 85KB inserted
At the beginning of Part 9 Division 6 Subdivision 1 insert:
85KB. Responsibilities before animals are sold at property
A person must not sell an animal, or permit the animal to be sold, at a property unless the person has obtained from the proposed purchaser the relevant PlC of the
property on which the animal is to be kept or slaughtered, or from which the animal is to be exported, by the purchaser.
Penalty: a fine of $5 000.
21. Regulation 85K amended
In regulation 85K delete to which an NLIS tag has been applied".
22. Regulation 85LA inserted
At the end of Part 9 Division 6 Subdivision I insert:
85LA. Responsibilities of property operators after animals
moved to certain properties
(1) If animals are moved to a property the operator of the
property must, within 48 hours after the movement,
record in the NLIS database the movement of theanimals to the property including the following -
(a) the number and species of animals moved; (b)
the relevant PlC of the property from which the animals were moved;
(c)
the relevant PlC of the property to which the animals were moved;
(d)
the date the animals were moved to the property;
(e)
the serial number of the waybill or other document prescribed under the Stock
15 April 2011 GOVERNMENT GAZETTE, WA 1407 (Identification and Movement) Act 1970 section 46 relating the movement of the animals;
(f) the brand recorded on the movement document
relating to the movement of the animals, or if
no brand is recorded on the movement
document, details of every NLIS tag on the
animals.
Penalty: a fine of $5 000.
(2) Subregulation (1) does not apply in respect of the
movement of animals to or from a property that is a
saleyard, an abattoir or an export depot.
23. Regulation 85L replaced
Delete regulation 85L and insert:
85L. Responsibilities of holding yard operators (1) If animals are moved to a holding yard and are to be
kept there for more than 48 hours, the holding yard operator must, within 48 hours after the animals are moved to the holding yard, record in the NLIS database
the following -
(a) the number of animals moved; (b) the date the animals arrived at the holding yard; (c)
the relevant PlC of the property from which the animals were moved to the holding yard;
(d)
the serial number of the waybill or other document prescribed under the Stock (Identification and Movement) Act 1970
section 46 relating to the movement of the animals to the holding yard; (e) the relevant PlC of the holding yard; (f)
the brand recorded on the movement document relating to the movement of the animals to the holding yard, or if no brand is recorded on the movement document, details of every NLIS tag on the animals.
Penalty: a fine of $5 000.
(2) If animals are moved to a holding yard and are kept
there for more than 48 hours, the holding yard operator must, within 48 hours after the animals are moved from the holding yard, record in the NLIS database the
following -
(a) the number of animals moved; (b) the date the animals were moved;
| 1408 | GOVERNMENT GAZETTE, WA | 15 April 2011 |
(c)
the relevant PlC of the destination to which the animals are moved from the holding yard;
(d)
the serial number of the waybill or other document prescribed under the Stock (Identification and Movement) Act 1970 section 46 relating to the movement of the animals from the holding yard;
(e) the relevant PlC of the holding yard; (f)
the brand recorded on the movement document relating to the movement of the animals to the holding yard, or if no brand is recorded on the movement document, details of every NLIS tag on the animals.
Penalty: a fine of $5 000.
24. Regulation 851' amended
After regulation 85P(2) insert:
(3) If an animal is moved to a saleyard, a person must not sell the animal, or permit the animal to be sold, at the saleyard unless the person has obtained from the
proposed purchaser the relevant PlC of the property on
which the animal is to be kept or slaughtered, or from
which the animal is to be exported, by the purchaser.
Penalty: a fine of $5 000.
25. Regulation 85Q replaced
Delete regulation SSQ and insert:
85Q. Other responsibilities of saleyard operators
The operator of a saleyard must record in the NLIS database the movement of animals to the saleyard and any subsequent sale or other movement of the animals from the saleyard including the following -
(a)
the number and species of animals moved to the saleyard;
(b)
the PlC and the serial number recorded on any NLIS tag applied at the saleyard;
(c)
the relevant PlC of the property from which the animals were moved to the saleyard;
(d) the relevant PlC of the saleyard; (e)
the relevant PlC of the property to which the animals were moved from the saleyard;
(0 the date the animals were moved from the
saleyard;
15 April 2011 GOVERNMENT GAZETTE, WA 1409
(g) document prescribed under the Stock
(Identification and Movement) Act 1970the serial number of the waybill or other to the saleyard;
(h)
the brand recorded on the movement document relating to the movement of the animals to the saleyard, or if no brand is recorded on the movement document, details of every NLIS tag on the animals.
Penalty: a fine of $5 000.
(2) The operator of the saleyard must comply with the
requirements of subregulation (1) within 48 hours after
the animal has been moved from the saleyard.
26. Regulation 85S amended
(1) In regulation 85S(2):
(a) delete "regulation 85H(3)(a)" and insert: regulation 85H(3)(b)
(b)
delete the passage that begins with "subregulation (3)" and ends with "hours." and insert:
subregulation (3), apply to the animal an NLIS post
breeder tag.
(2) In regulation 85S(4) delete "regulation 85H(3)(a)" and insert:
(3) In regulation 85S(5) delete "regulation 85H(3)(a)" and insert: regulation 85H(3)(b) regulation 85H(3)(b) 27. Regulation 85V amended
Delete regulation 85V(2) and (3) and insert:
(2) If animals are moved to an abattoir, the abattoir
operator must, within 48 hours after the movement,
record in the NLIS database the following -
(a) the number and species of animals moved to
the abattoir;
| 1410 | GOVERNMENT GAZETTE, WA | 15 April 2011 |
(b) the date the animals arrived at the abattoir; (c)
the PlC and the serial number recorded on any NLIS tag applied at the abattoir;
(d) the relevant PlC of each previous property; (e) the relevant PlC of the abattoir; (f)
the serial number of the waybill or other document prescribed under the Stock (Identification and Movement) Act 1970 section 46 relating the movement of the animals;
(g)
the brand recorded on the movement document relating to the movement of the animals to the abattoir, or if no brand is recorded on the movement document, details of every NLIS tag on the animals.
Penalty: a fine of $5 000.
(3) If animals are slaughtered at an abattoir, the abattoir
operator must, within 7 days after the slaughter, record
in the NLIS database the following -
(a) the number and species of animals slaughtered; (b) the date the animals were slaughtered; (c)
the PlC and the serial number recorded on any NLIS tag applied at the abattoir;
(d) the relevant PlC of each previous property; (e) the relevant PlC of the abattoir. Penalty: a fine of $5 000.
(4A) If animals moved to an abattoir are not slaughtered but
are moved to another property, the abattoir operator
must, within 48 hours after the movement, record in the
NLIS database the following - (a)
the number and species of animals moved from the abattoir;
(b)
the date the animals were moved from the abattoir;
(c)
the PlC and the serial number recorded on any NLIS tag applied at the abattoir;
(d)
the relevant PlC of the property to which the animals were moved;
(e) the relevant PlC of the abattoir; (f)
the serial number of the waybill or other document prescribed under the Stock (Identification and Movement) Act 1970 section 46 relating the movement of the animals;
15 April 2011 GOVERNMENT GAZETTE, WA 1411
(g)
the brand recorded on the movement document relating to the movement of the animals from the abattoir, or if no brand is recorded on the movement document, details of every NLIS tag on the animals.
Penalty: a fine of $5 000.
Note: The heading to amended regulation 85V is to read:
Responsibilities of abattoir operators if animals moved to abattoir
28. Regulation 85Z amended
Delete regulation 85Z(2) and (3) and insert:(2) If animals are moved to an export depot, the export
depot operator must, within 48 hours after the animals
are moved to the export depot, record in the NLISdatabase the following -
(a)
the number and species of animals moved to the export depot;
(b) the date the animals arrived at the export depot; (c)
the PlC and serial number recorded on any NLIS tag applied at the export depot;
(d) the relevant PlC of each previous property; (e) the relevant PlC of the export depot; (f)
document prescribed under the Stock
(Identification and Movement) Act 1970the serial number of the waybill or other to the export depot;
(g)
the brand recorded on the movement document relating to the movement of the animals to the
export depot, or if no brand is recorded on the movement document, details of every NLIS tag
on the animals.Penalty: a fine of $5 000.
(3) If animals are exported from an export depot, the
export depot operator must, within 48 hours after the animals are exported, record in the NLIS database the following -
(a) the number of animals moved; (b) the date the animals were moved; (c)
the relevant PlC of the destination to which the animals are moved from the export depot;
(d) the relevant PlC of the export depot; (e)
the serial number of the waybill or other document prescribed under the Stock
| 1412 | GOVERNMENT GAZETTE, WA | 15 April 2011 |
(Identification and Movement) Act 1970
section 46 relating to the movement of theanimals from the export depot.
Penalty: a fine of $5 000.
By Command of the Governor,
PETER CONRAN, Clerk of the Executive Council.
0
0
0