Plant Health Regulations 2009 (SA)
South Australia
Plant Health Regulations 2009
under the Plant Health Act 2009
Contents
1Short title
3Interpretation
4Declaration of corresponding laws
5Packaging and labelling of fruit, vegetables and nuts for sale
6Identification and labelling of plants sold for propagation
7Accreditation of persons
8Registration of importers
9Adoption of code
10Exemptions
11Fees
Schedule 1—Prescribed plants for propagation
Legislative history
1—Short title
These regulations may be cited as the Plant Health Regulations 2009.
3—Interpretation
(1)In these regulations, unless the contrary intention appears—
Act means the Plant Health Act 2009;
ICA means the scheme for Interstate Certification Assurance relating to plant quarantine requirements developed by the States in accordance with the Memorandum of Understanding agreed on 6 August 1999 at the sixteenth meeting of the Agriculture and Resource Management Council of Australia and New Zealand;
IP number means the unique identifier (comprising a combination of letters and numbers) assigned to an accredited person;
operational procedure means an operational procedure agreed under the ICA included in the list of operational procedures as published from time to time on the website maintained by the Domestic Quarantine Market Access Working Group, a subcommittee of the national Plant Health Committee.
(2)In these regulations, a reference to the Plant Quarantine Standard is—
(a)a reference to the Plant Quarantine Standard South Australia adopted by the notice under the Fruit and Plant Protection Act 1992 signed by the Minister on 6 February 2006 (see Gazette 16 February 2006 p552) as in force immediately before the commencement of clause 6(2) of Schedule 1 of the Act; or
(b)if the Minister, by notice under the Act, adopts some other plant quarantine standard—a reference to that other standard.
4—Declaration of corresponding laws
For the purposes of the definition of corresponding law in section 3(1) of the Act, the following Acts are declared to be corresponding laws:
(a)the Pest Plants and Animals Act 2005 of the Australian Capital Territory;
(b)the Plant Diseases Act 2002 of the Australian Capital Territory;
(c)the Plant Diseases Act 1914 of Western Australia;
(d)the Plant Diseases Act 1924 of New South Wales;
(e)the Plant Diseases Control Act of the Northern Territory;
(f)the Plant Health and Plant Products Act 1995 of Victoria;
(g)the Plant Protection Act 1989 of Queensland;
(h)the Plant Quarantine Act 1997 of Tasmania.
5—Packaging and labelling of fruit, vegetables and nuts for sale
(1)For the purposes of section 12(1)(d) of the Act, a person who packs for sale any fruit, vegetables or nuts must label the packaging as follows:
(a)the label must—
(i)be legibly written in English in permanent ink in letters at least 5 millimetres in height; and
(ii)be clearly visible on the outside of the packaging;
(b)if the person doing the packing is an accredited person—the label must include—
(i)the date (or date code) on which the produce was packed; and
(ii)a brief description of the contents of the package; and
(iii)the IP number of the accredited person; and
(iv)either—
(A)a code approved by the Chief Inspector for the purposes of this subparagraph indicating where the produce was grown; or
(B)the postcode of the town nearest to the place of production; and
(v)the words "meets ICA" followed by the number that identifies the particular ICA operational procedures that have been followed and met in respect of the produce;
(c)in any other case—
(i)the date (or date code) on which the produce was packed; and
(ii)a brief description of the contents of the package; and
(iii)the district of production; and
(iv)either—
(A)the name, address and postcode of both the grower and packer of the produce; or
(B)the codes approved for the purpose by the Chief Inspector for the purposes of this subparagraph identifying both the packer and grower.
Maximum penalty: $5 000.
Expiation fee: $315.
(2)A person must not pack for sale or sell any fruit, vegetables or nuts in used packaging unless the packaging—
(a)is in good repair; and
(b)is clean and free of extraneous visible matter; and
(c)is free of any objectionable odour; and
(d)is labelled in accordance with subregulation (1).
Maximum penalty: $5 000.
Expiation fee: $315.
(3)This regulation does not apply to a person who has been approved by the Chief Inspector to receive bulk loads of produce for processing.
(4)In this regulation—
date code means a code approved by the Chief Inspector for the purposes of this regulation indicating the date on which produce is packed.
6—Identification and labelling of plants sold for propagation
(1)For the purposes of section 13 of the Act, the plants listed in Schedule 1 are prescribed (a prescribed plant).
(2)A person must not sell for propagation a prescribed plant that has been brought or introduced into the State unless it is accompanied by—
(a)an assurance certificate or a plant health certificate issued in respect of the prescribed plant; and
(b)any other document issued in respect of the prescribed plant as required by the Minister and set out in the Plant Quarantine Standard.
Maximum penalty: $5 000.
Expiation fee: $315.
7—Accreditation of persons
(1)For the purposes of sections 17(1)(c) and 20(2)(f) of the Act, the prescribed protocols and operational procedures are the protocols and operational procedures specified by the Minister in respect of the particular authority conferred by the accreditation granted to a particular applicant.
(2)For the purposes of section 20(3) of the Act, the following conditions are prescribed:
(a)a condition imposed under section 20(2)(e);
(b)a condition imposed under section 20(2)(i).
8—Registration of importers
(1)For the purposes of sections 27(1)(c) and 28(2)(c) of the Act, the prescribed protocols and operational procedures are the protocols and operational procedures specified by the Minister in respect of the particular authority conferred by the registration granted to a particular applicant.
9—Adoption of code
(1)The Code—Control of Branched Broomrape (the Code) prepared by the Branched Broomrape Program Unit immediately before the commencement of this regulation, as in force from time to time, is adopted.
(2)However, an amendment to the Code will not take effect for the purposes of these regulations until approved by the Minister by notice in the Gazette.
(3)A person who contravenes or fails to comply with a provision of the Code is guilty of an offence.
Maximum penalty: $1 250.
Expiation fee: $160.
(4)In this regulation—
Branched Broomrape Program Unit means the unit of that name or some other name in the administrative unit of the Public Service that is, under a Minister, responsible for the State's response to the national program to eradicate branched broomrape.
10—Exemptions
The Minister may, in the Minister's discretion, by notice in the Gazette, exempt conditionally or unconditionally a class of persons, plants, plant related products or activities specified in the notice from the application of the Act or a specified provision of the Act, as determined by the Minister.
11—Fees
(2)The Minister may, on application or on the Minister's own initiative, in the Minister's discretion, waive payment of the whole or a part of a prescribed fee.
(3)In addition, the following are exempt from the relevant fees prescribed for the purposes of the Act:
(a)an application for registration as an importer where the applicant is—
(i)an accredited person; or
(ii)an agency or instrumentality of the Crown;
(b)an application for variation of registration as an importer where the applicant is—
(i)an accredited person; or
(ii)an agency or instrumentality of the Crown;
(c)an annual fee payable by a registered importer where the importer is—
(i)an accredited person; or
(ii)an agency or instrumentality of the Crown.
Schedule 1—Prescribed plants for propagation
| Common name | Scientific name |
| Citrus | Citrus spp |
| Date palm offshoots | Phoenix dactylifera |
| Grapevines | Vitis spp |
| Pinus plants | Pinus spp |
| Tomato plants | Solanum lycopersicum (syn. Lycopersicon esculentum) |
Legislative history
Notes
•Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
•Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.
•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or regulations and variations
New entries appear in bold.
Year No Reference Commencement 2009 211 Gazette 30.7.2009 p3440 1.8.2009: r 2 2010 174 Gazette 22.7.2010 p3891 1.8.2010: r 2 2011 96 Gazette 9.6.2011 p2148 1.7.2011: r 2 2012 55 Gazette 31.5.2012 p2242 1.7.2012: r 2 2013 54 Gazette 6.6.2013 p2113 1.7.2013: r 2 2014 145 Gazette 19.6.2014 p2678 1.7.2014: r 2 2015 228 Gazette 5.11.2015 p4865 5.11.2015: r 2 2016 76 Gazette 23.6.2016 p2196 1.7.2016: r 2 2017 92 Gazette 22.6.2017 p2238 22.6.2017: r 2 2017 107 Gazette 22.6.2017 p2274 1.7.2017: r 2 2018 97 Gazette 21.6.2018 p2242 1.7.2018: r 2 2019 122 Gazette 13.6.2019 p1996 1.7.2019: r 2 2020 182 Gazette 4.6.2020 p3045 1.7.2020: r 2 Provisions varied
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision How varied Commencement r 2 omitted under Legislation Revision and Publication Act 2002 1.8.2010 r 7 r 7(3) deleted by 92/2017 r 4 22.6.2017 r 8 r 8(2) deleted by 92/2017 r 5 22.6.2017 r 11 r 11(1) deleted by 182/2020 r 4(1) 1.7.2020 r 11(2) varied by 182/2020 r 4(2) 1.7.2020 r 11(3) varied by 182/2020 r 4(3) 1.7.2020 Sch 2 substituted by 174/2010 r 4 1.8.2010 substituted by 96/2011 r 4 1.7.2011 substituted by 55/2012 r 4 1.7.2012 substituted by 54/2013 r 4 1.7.2013 substituted by 145/2014 r 4 1.7.2014 substituted by 228/2015 r 4 5.11.2015 substituted by 76/2016 r 4 1.7.2016 substituted by 107/2017 r 4 1.7.2017 substituted by 97/2018 r 4 1.7.2018 substituted by 122/2019 r 4 1.7.2019 deleted by 182/2020 r 5 1.7.2020 Historical versions
1.8.2010 1.7.2011 1.7.2012 1.7.2013 1.7.2014 5.11.2015 1.7.2016 22.6.2017 (electronic only) 1.7.2017 1.7.2018 1.7.2019
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