Plant Diseases Amendment Regulations (No. 4) 2005 (WA)

Case
No judgment structure available for this case.

6074 GOVERNMENT GAZETTE, WA 16 December 2005

AG302*

Plant Diseases Act 1914

Plant Diseases Amendment Regulations

(No. 4) 2005

Made by the Lieutenant-Governor and Administrator in Executive
Council.

1.            Citation

These regulations are the Plant Diseases Amendment
Regulations (No. 4) 2005.

2.             The regulations amended

The amendments in these regulations are to the Plant Diseases
Regulations 1989*.
[* Reprinted as at 20 September 2002.

For amendments to 28 October 2005 see Western Australian and Gazette 17 and 31 May 2005.]

3.             Schedule 1 amended

(1) Schedule 1 Part A is amended in the Table as follows:

(a) by deleting "31," in each place where it occurs;
(b) in the item relating to "Apricot" —

(i)      in columns 3 and 4 by inserting —

and Tasmania, general diseases.

44 see Stonefruit ''; and

(ii)      in column 5 by inserting —

31

(2) Schedule 1 Part B item 1(1) is amended as follows:

(a) by deleting "Entry" and inserting instead — " Unless specifically dealt with elsewhere, entry ";
(b) by deleting "Stonefruit: fruit — brown rot (Monilinia (sclerotinia)fructicola and M. laxa)." and inserting instead

44  

Stonefruit: fruit other than apricot fruit (Prunus armeniaca)

and cherry fruit (Prunus avium) from South Australia

16 December 2005 GOVERNMENT GAZETTE, WA 6075

(3) Schedule 1 Part B item 26 is amended as follows:

(a) in subitem (1) by deleting the definition of "appropriate officer" and inserting instead -

44  

"AQIS" means the Australian Quarantine and Inspection

Service of the Commonwealth;

(b) in subitem (2) by deleting "under any condition" and inserting instead -

66

except in accordance with subitem (8)

(c) after subitem (2) by inserting the following item -

(2a) For South Australia and Tasmania cherry fruit entry not allowed except in accordance with subitems (3) to (7) or subitem (8).

(d) in subitem (4) by deleting "a written verification from an appropriate officer" and inserting instead -

44

certification ";

(e)

in subitem (7) by inserting before "item" - " Schedule 1 Part B ";

(1) after subitem (7) by inserting the following item -

44

(8) Cherry fruit originating from New Zealand may enter

Western Australia via another State or a Territory subject to -

(a)

equivalent entry requirements to those applied by New Zealand to Western Australia; and

(b)

any further requirements considered necessary by the Director General.

(4) Schedule 1 Part B item 31 is deleted and the following item is

inserted instead -

"

31. Apricot fruit (fresh fruit of Prunus armeniaca) - Oriental fruit

moth (Grapholita molesta), general diseases.

(1) Inthisitem-

"apricot fruit" means fresh fruit of Prunus armeniaca;
"AQIS" has the same meaning as in item 26;

"FPE" means Part A and Part B of the document entitled Final

Policy Extension Fresh Apricot (Prunus armeniaca) Fruit
Importedfrom South Australia and Tasmania into Western
Australia completed by the Department of Agriculture in

December 2003 as amended from time to time;

"fruit fly" means -

(a) Bactrocera kraussi (Krauss' fruit fly);
6076 GOVERNMENT GAZETTE, WA 16 December 2005
(b) Bactrocera mayi;
(c) Bactrocera melas;

(d)

Bactrocera neohumeralis (Lesser Queensland fruit fly); or

(e) Bactrocera tiyoni (Queensland fruit fly);

"oriental fruit moth" means Grapholita molesta;

"relevant department" has the same meaning as in item 26.

(2) For States and Territories other than South Australia or

Tasmania, apricot fruit entry not allowed except in accordance with subitem (10).

(3)

For South Australia and Tasmania apricot fruit entry not allowed except in accordance with subitems (4) to (9) or subitem (10).

(4) From South Australia or Tasmania to be certified as from a

property and packed in a packing house registered in

accordance with the FPE.

(5) From South Australia or Tasmania to be accompanied by
certification stating -

(a) the name, address and registration number of-

(i)      the property on which the apricot fruit was grown; and

(ii)      the packing house in which it was packed:

and

(b) that the property and packing house have been

registered by the relevant department for export to

Western Australia in accordance with the FPE,

and displaying the following words on the certification -

THE PROPERTY AND PACKING HOUSE

HAVE BEEN REGISTERED FOR EXPORT TO

WESTERN AUSTRALIA IN ACCORDANCE
WITH THE FPE

(6) From South Australia or Tasmania to be -

(a) transported in containers with -

(i)      the registration number or the name of the producer of the apricot fruit and the address of the property on which it was grown; and

(ii)      the registration number or the name of the packer of the apricot fruit and the address of the property on which it was packed,

printed on the external surface in letters not less

than 5 mm in height;

(b) packed in clean new packaging; and

(c) substantially free from leaves, soil and other plant

debris, other than a peduncle or pedicel.

16 December 2005 GOVERNMENT GAZETTE, WA 6077

(7) From South Australia or Tasmania to be inspected on arrival

in Western Australia in accordance with the sampling

procedures set out in the FPE Appendix 3.

(8) From South Australia and Tasmania to be certified as -

(a)

grown on a property which is declared to be an area of low pest prevalence for oriental fruit moth in accordance with the FPE,

and displaying the following words on the certification -

GROWN ON A PROPERTY WHICH IS
DECLARED TO BE AN AREA OF LOW PEST
PREVALENCE FOR ORIENTAL FRUIT MOTH

IN ACCORDANCE WITH THE FPE

"; or

(b) fumigated with methyl bromide in accordance with AQIS Quarantine Treatments Aspects and Procedures Version 1.0 and specifying -

(i)      the name of the fumigation facility;

(ii)      the date of fumigation;

(iii)      the rate of methyl bromide used, being the initial dosage (g/m);

(iv)

concentration time (CT) product of methyl (ghr/m3);

(v)      duration of fumigation (hours);

(vi) ambient air temperature during
fumigation (°C); and

(vii)      minimum apricot pulp temperature during fumigation (°C),

and displaying the following words on the

certification -

FUMIGATED IN ACCORDANCE WITH AQIS
QUARANTINE TREATMENTS ASPECTS AND
PROCEDURES

(9) From South Australia or Tasmania to be certified as -

(a) fumigated in accordance with item 31(8)(b); or

(b)

from an area free from fruit fly in accordance with the Code of Practice or as approved by the Director General,

and displaying the following words on the certification -

46

FROM AN AREA FREE FROM FRUIT FLY IN
ACCORDANCE WITH THE CODE OF
PRACTICE

6078 GOVERNMENT GAZETTE, WA 16 December 2005

(10) Apricot fruit originating from New Zealand may enter

Western Australia via another State or a Territory subject to —

(a)

equivalent entry requirements to those applied by New Zealand to Western Australia; and

(b)

any further requirements considered necessary by the Director General.

(11) The Department of Agriculture is to make available —

(a)

a summary of the FPE from its website at and

(b)

a current version of the FPE from the offices of the Department of Agriculture at Baron-Hay Court, South Perth.

By Command of the Lieutenant-Governor and Administrator,

G. M. PIKE, Clerk of the Executive Council.

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0