Enzootic Diseases Amendment Regulations (No. 2) 2005 (WA)
11 June 2005 GOVERNMENT GAZETTE, WA 2597 AG302*
Stock Diseases (Regulations) Act 1968
Enzootic Diseases Amendment Regulations
(No. 2) 2005
Made by the Governor in Executive Council.
1. Citation
These regulations are the Enzootic Diseases Amendment
Regulations (No. 2) 2005.2. The regulations amended
The amendments in these regulations are to the Enzootic
Diseases Regulations 1970*.[* Reprinted as at 13 August 1999.
a saleyard, abattoir or export depot;
For amendments to 19 May 2005 see Western Australian Legislation Information Tables for 2004, Table 4, p. 391.]
3. Regulation 4 amended
Regulation 4 is amended by deleting the definitions of
"holding" and "the Act" and inserting in the appropriate
alphabetical positions the following definitions44 "export", in relation to stock, means to export live
stock overseas;
"export depot" means any non-farming property
where stock is kept for export;
"holding yard" means a non-farming property except
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"NLIS database" means the electronic database
maintained under regulation 78C;
"NLIS device" has the meaning given to that term in
regulation 77;
"NLIS post breeder device", in relation to an animal,
means an NLIS device that is, or is to be, applied
under these regulations to the animal on a propertyexcept the animal's property of birth;
"non-farming property" means a property where
stock is kept by a person to whom section 13 of
the Stock (Identification and Movement) Act 1970does not apply;
"operator", in relation to a property includes -
(a) a person who is the agent of the operator; or (b)
any other person who is in possession or in charge of stock, or otherwise has control or management of stock, on the property;
"PlC" means a property identification code specified
in the register in relation to a property;
"property" means any land or collection of lands
constituting or worked as one parcel of land -
(a) 5 that is a run as defined in section of the Act 1970; or
(b) on which stock is otherwise kept; "register" means the register of brands and earmarks kept under section 20 of the Stock (Identification and Movement) Act 1970;
"registered" means entered in the register;
"saleyard" means a property where stock is sold by
public auction;
"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 regulation 78C(4);
4. Regulation 75 amended
(1) Regulation 75(1) is amended by deleting "ear mark" and
inserting instead -earmark
(2) Regulation 75(2) is amended as follows: (a) by deleting "ear mark" in the first place where it occurs
and inserting instead -
earmark ";
14 June 2005 GOVERNMENT GAZETTE, WA 2599 (b) by deleting "ear mark registered under the Stock (Brands
and Movement) Act 1970." and inserting instead -
registered earmark. ".
(3) Regulation 75(3) is amended by deleting "ear mark" and
inserting instead -
earmark ".
5. Part 8A inserted
After regulation 75 the following Part is inserted -
Part 8A - NLIS devices
76. Interpretation
In this section -
"animal" means stock;
"identification number", in relation to an NLISdevice, means a number, referred to in
regulation 77(2), of the device;
"manufacture", in relation to an NLIS device,
includes to recycle the device;
"sell" includes to supply;
"visible identification number", in relation to anNLIS device, means the number, referred to in regulation 77(2)(b), of the device.
77. NLIS device
(1) For the purposes of these regulations an NLIS (which
stands for "National Livestock Identification System")
device is an approved electronic device -
(a) that is able to identify an animal for the whole of its life; and (b) that complies with this regulation.
(2) An NLIS device must have -
(a)
a unique number that is encoded in the device so that it can be read electronically; and
(b)
a unique number that is displayed on the exterior of the device so that it is visible to the naked eye and legible.
(3) The visible identification number must include a PlC.
78. Manufacture and sale of NLIS devices generally
(1) A person must not manufacture an NLIS device unless
the person is an approved manufacturer.
Penalty: $5 000.
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(2) A person must not sell an NLIS device unless it has
been manufactured by an approved manufacturer.
Penalty: $5 000.
78A. Sale of NLIS devices by approved manufacturers (1) An approved manufacturer must not sell an NLIS
device to a person unless -
(a) the person has applied to the manufacturer for an NLIS device that will identify stock owned by that person or stock to which NLIS post
breeder devices must be applied;
(b) the person has given the manufacturer -
(i) his or her full name and address; and
(ii) the PlC of the property on which the stock is kept by the person;
(c) the manufacturer has confirmed that the PlC
relates to a property where the person keeps the
stock -(i) by sighting the code in an original certificate of registration of a brand under section 23 of the Stock (Identification and Movement) Act 1970 in relation to a brand registered for that stock;
(ii) by application to the Chief Inspector; or
(iii)
maintained under regulation 781(3) of
these regulations or regulation 12(4) ofby reference to the internet website Regulations 1972;
(d) the manufacturer has kept a written or
electronic record of that confirmation; and
(e) the NLIS device includes that PlC in its visible identification number.
Penalty: $5 000.
(2) The Chief Inspector may request an approved
manufacturer to make available to an approved person
any record of confirmation kept under
subregulation (1)(d).
(3) An approved manufacturer must comply with a request under subregulation (2) as soon as practicable after the request is made.
Penalty: $5 000.
(4) An approved manufacturer who sells an NLIS device must, after the sale but before giving the device to the purchaser -
(a) encode in the device a number referred to in
regulation 77(2)(a);
14 June 2005 GOVERNMENT GAZETTE, WA 2601
(b)
display on the device a visual identification number that includes the PlC of the property of the purchaser; and
(c)
update the NLIS database in relation to that device by recording the numbers referred to in paragraphs (a) and (b) and the date on which the device is to be given to the purchaser.
Penalty: $5 000.
(5) If an approved manufacturer gives an NLIS device to a
purchaser on a date that is different to a date recorded
under subregulation (4)(c), the approved manufacturer
must, as soon as practicable after the device is given to
the purchaser, update the database by recording the
correct date.
Penalty: $5 000.7813. Sale of NLIS devices by persons except approved
manufacturers(1) A person except an approved manufacturer must not
sell an unused NLIS device unless the sale is approved
in writing by the Chief Inspector or another inspector.Penalty: $5 000. (2) If an approval is given under subregulation (1), the
Chief Inspector or other inspector is to update the NLIS
database in relation to the device by recording the PlC
of the property on which the purchaser keeps any stock
to which the device is applied.(3) A person except an approved manufacturer must not
sell a used NLIS device unless the device is sold to an
approved manufacturer.
Penalty: $5 000.78C. NLIS database (1) The Chief Inspector is to ensure that an electronic
database of NLIS devices is maintained in accordance
with this regulation by an approved person.(2) The database is to record in relation to each NLIS
device -
(a) the identification numbers of the device; (b)
if the device is not applied to an animal - the PlC of the property in relation to which the device was issued;
(c) if the device is applied to an animal - (i) the PlC of the property on which the
animal is kept for the time being by its
owner; and
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(ii) any slaughter or death in other
circumstances of the animal, or export
of the animal;
and
(d) any other approved information.
(3) The information recorded in the database is to be made accessible on an internet website to -
(a) persons who are required by these regulations to update the database; and (b) inspectors for the purposes of administering the Act.
(4) A person except the approved person who is required by these regulations to update the database may do so by -
(a) accessing the internet website; or (b)
sending the updated information to the approved person electronically or in another approved form.
(5) A person must not enter false or misleading
information into the database.Penalty: $5 000. (6) 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 ofthose facts.
78D. Applying an NLIS device
(1) A person must not, without the written approval of an inspector, apply an NLIS device to an animal unless -
(a)
the person is the owner of the animal or is otherwise required or enabled by these regulations to apply the device;
(b)
the animal is on the property in relation to which the device was issued and the visible identification number of the device includes the PlC of that property;
(c)
in the case of an NLIS device other than a NLIS post breeder device, the animal is on the animal's property of birth;
(d)
in the case of an NLIS post breeder device, the animal is not on the animal's property of birth; and
(e) the device is applied in the approved manner. Penalty: $5 000.
14 June 2005 GOVERNMENT GAZETTE, WA 2603
(2) A person must not apply more than one NLIS device to
an animal at any one time.Penalty: $5 000. (3) A person must not apply an NLIS device to an animal
if an NLIS device is already applied to the animal.Penalty: $5 000. 78E. Unapplied NLIS devices to be returned or given up If a person possesses an NLIS device that is not applied to an animal and -
(a) the device does not include in its visible identification number the PlC of a property on which stock is kept, sold, slaughtered or exported by the person; or (b) the person does not possess the device with the approval of a person who is lawfully entitled to the possession, the person must, as soon as practicable after coming into that possession, give the device to an inspector.
Penalty: $5 000.
78F. Removal, damage and replacement of NLIS devices (1) A person must not remove an N LIS device from an
animal unless it is done -
(a)
after the animal has been slaughtered in an abattoir;
(b)
after the animal is slaughtered or otherwise dies on any other property, by the operator of the property;
(c) after the device ceases functioning, by the
operator of the property on which the animal is
kept; or
(d) by an approved person. Penalty: $5 000.
(2) A person must not damage or deface an NLIS device
except by disposing of it in accordance with
subregulation (3).
Penalty: $5 000.
(3) A person must not dispose of an NLIS device unless -
(a)
the person has removed it in accordance with subregulation (1); and
(b) it is disposed of in an approved manner. Penalty: $5 000.
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(4) If an NLIS device is removed from a live animal under
subregulation (1)(c), the operator of the property on
which the animal is kept may apply a replacement
NLIS device to the animal.(5)
If a replacement NLIS device is applied to an animal after it has been moved from the property where the original device was applied, the operator must update
the database by recording -
(a)
the visible identification number of the replacement device; and
(b)
if possible, the visible identification number of the original device.
Penalty: $5 000.
78G. False representation that something is an NLIS
deviceA person must not falsely represent that something is
an NLIS device.
Penalty: $5 000.78H. Responsibilities of owners and purchasers (1) Except as provided in subregulation (3), if an owner of
an animal to which an NLIS device is applied moves
the animal to a property with a different PlC from that
recorded on the database, the owner must, within the
period specified in subregulation (2), update the NLIS
database in relation to the device by recording -
(a)
the PlC of the property on which the animal is to be kept;
(b)
the serial number of the waybill or other document prescribed under section 46 of the
Stock (Identification and Movement) Act 1970 relating to the movement of the animal; and
(c) the date the animal was moved. Penalty: $5 000.
(2) The owner must comply with the requirements of
subregulation (1) within 48 hours after the animal has
been moved.
(3) Subregulation (1) does not apply if—
(a) the owner moves the animal to a holding yard; (b) the owner moves the animal to a saleyard; (c)
the owner moves the animal from a saleyard after purchasing the animal there;
(d)
the owner moves the animal directly to an abattoir for slaughter;
14 June 2005 GOVERNMENT GAZETTE, WA 2605 (e) the owner moves the animal directly to an
export depot for export; or
(1) an inspector has, in a particular case, given written approval for the owner to move the animal to another property without updating the
database.
(4) If an animal at a saleyard has an NLIS device applied to it, a purchaser of the animal must, when requested by the saleyard operator, provide the 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: $5 000.
781. Responsibilities of non-farming property operators
(1) A person operating, or intending to operate, a
non-farming property may apply to the Chief Inspector
to issue an identification code in respect of that
property.(2) On an application under subregulation (1), the Chief
Inspector may issue an identification code in respect of
the property and that code is to be taken to be the PlC
of the property for the purposes of these regulations.(3) The Chief Inspector is to keep a register of the
identification codes issued under subregulation (2) and
publish the register on an internet website maintained
by or for the Chief Inspector.(4)
An operator of a non-farming property must not permit an animal to which an NLIS device has been applied to be moved to the property unless the property has an
identification code issued under subregulation (2).
Penalty: $5 000.
78J. Responsibilities of saleyard operators (1) Unless an inspector in a particular case approves
otherwise, if an animal to which an NLIS device is
applied is moved to a saleyard, the saleyard operator
must, as soon as practicable after the animal has been
moved there, check, and if necessary update, the NLIS
database to ensure that the PlC recorded in relation to
the device is that of the property on which the owner of
the animal kept it before it was moved to the saleyard.
Penalty: $5 000.(2) A saleyard operator must not move, or permit to be
moved, from the saleyard an animal to which an NLIS
device is applied unless -(a) it is moved back to the property from where it came or to another property with a PlC; and
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(b) within 48 hours after it is moved, the saleyard operator updates the NLIS database in relation to the device by recording -
(i) the PlC of the property to which the animal has been moved;
(ii) document prescribed under section 46
of the Stock (Identification andthe serial number of the waybill or other movement of the animal; and
(iii) the date the animal was moved.
Penalty: $5 000.
(3) If an animal to which an NLIS device is applied is
moved to a saleyard, a person must not, without the
approval of an inspector, sell the animal, or permit the
animal to be sold, unless the device is functioning.
Penalty: $5 000.(4) If an animal at a saleyard has an NLIS device applied
to it, 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 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: $5 000.78K. Responsibilities of abattoir operators (1) If an animal to which an NLIS device is applied is
moved to an abattoir except from a saleyard, the
abattoir operator must -
(a) as soon as practicable after the animal has been slaughtered; or (b) before it is otherwise moved from the abattoir,
check, and if necessary update, the NLIS database to
ensure that the PlC recorded in relation to the device is
that of the property on which the owner of the animal
kept it before it was moved to the abattoir.
Penalty: $5 000.
(2) If an animal to which an NLIS device is applied is
slaughtered in an abattoir, the abattoir operator must,
within 7 days after the slaughter, update the NLIS
database in relation to the device by recording the
slaughter of the animal.
Penalty: $5 000.
14 June 2005 GOVERNMENT GAZETTE, WA 2607 (3) An abattoir operator must not move, or permit to be
moved, from the abattoir a live animal to which an
NLIS device is applied unless -
(a) it is moved back to the property from where it came or to another property with a PlC; and (b) within 48 hours after it is moved, the abattoir operator updates the NLIS database in relation to the device by recording - (i) the PlC of the property to which the animal has been moved;
(ii) document prescribed under section 46
of the Stock (Identification andthe serial number of the waybill or other movement of the animal; and
(iii) the date the animal was moved.
Penalty: $5 000.
78L. Responsibilities of export depot operators (1) If an animal to which an NLIS device is applied is
moved to an export depot, the export depot operator
must, within the period specified in subregulation (2),
check, and if necessary update, the NLIS database to
ensure that the PlC recorded in relation to the device is
that of the property on which the owner of the animal
kept it before it was moved to the export depot.Penalty: $5 000.
(2) The export depot operator must comply with the
requirements of subregulation (1) within -
(a)
48 hours after the animal has been moved to the export depot; or
(b) if the animal is exported or otherwise moved from the export depot within that period, as soon as practicable after the animal has been exported or moved.
(3) If an animal to which an NLIS device is applied is
exported from an export depot, the export depot
operator must, within 7 days after the export, update
the NLIS database in relation to the device by
recording the export of the animal.Penalty: $5 000.
(4) An export depot operator must not, except by export,
move, or permit to be moved, from the export depot an
animal to which an NLIS device is applied unless -(a) it is moved back to the property from where it came or to another property with a PlC; and
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(b) within 48 hours after it is moved, the export depot operator updates the NLIS database in relation to the device by recording -
(i) the PlC of the property to which the animal has been moved;
(ii) document prescribed under section 46
of the Stock (Identification andthe serial number of the waybill or other movement of the animal; and
(iii) the date the animal was moved.
Penalty: $5 000.
78M. NLIS devices on animals that die while being moved
to another property
If an animal to which an N LIS device is applied dies
except by slaughter on, or while being moved to, a
property with a different PlC from that recorded on the
database, the operator of the property to which the
animal was moved must, within 48 hours after the
death, update the NLIS database in relation to the
device by recording the death of the animal.
Penalty: $5 000.
6. Regulation 79 amended
Regulation 79 is amended by deleting "a tail tag of an approved kind," and inserting instead -
46
a tailtag of an approved kind, an NLIS device, ".
7. Regulation 85 inserted
After regulation 84 the following regulation is inserted into
Part 9- 85. Application of regulations 81 to 84
Regulations 81, 82, 83 and 84 do not apply to NLIS devices.
8. Regulation 115 amended
Regulation 1 15(1)(a) is amended by inserting after
"regulations" -46 except regulations 7813(2), 78C(1) and 781(3) ".
9. Schedule 2 amended
(1) Schedule 2 item 15 is amended by deleting "tail".
11 dune 2005 GOVERNMENT GAZETTE, WA 2609
(2) Schedule 2 item 29(1) is amended by deleting "tail". (3) Schedule 2 item 29(2) is amended by deleting "tail-tag, ear
mark" and inserting instead —" tag ". 10. Schedule 3 amended
Schedule 3 Form No. 3 is amended by deleting "TAIL".11. Schedule 5 amended
(1) Schedule 5 is amended in the definition of "provisionally clear
herd" by deleting "holding" and inserting instead —" property ". (2) Schedule 5 Division 2 is amended as follows:
(a) in item 13 by deleting "red tail" and inserting instead — " approved "; (b) in item 14 by deleting "red tail" and inserting instead — " approved "; (c) in item 16 by deleting "ear mark" and inserting " earmark ".
By Command of the Governor,
M. C. WAUCHOPE, Clerk of the Executive Council.
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