Plant Health Regulations 2011 (NT)

NORTHERN TERRITORY OF AUSTRALIA

plant health REGULATIONS 2011

As in force at 22 December 2021

Table of provisions [if supportFields]> TOC \o "1-9" <![endif] — Preliminary matters1 — Citation2 — Commencement3 — Definitions4 — References to organisms4A — Regulation of plants and plant-related materialsPart 2 — Control of pests on introduction of plants etc. into the TerritoryDivision 1 — Application of Part6 — Multiple requirements for plantsDivision 2 — Requirements about particular pests7 — Ants in potting mix7A — Ants in turf8 — Fruit flies – introduction of fruits of declared host plants into Territory9 — Fruit flies – introduction of fruits of declared host plants into accredited production places10 — Melon thrips11 — Scale insects and sucking insects12 — Soil borne pests and snails – plants generallyDivision 3 — Requirements about particular plants14 — Avocado15 — Banana, plantain and Manila hemp16 — Citrus and Fortunella17 — Grape plants18 — Maize19 — Papaya20 — Passionfruit22 — Potato23 — SoybeanDivision 4 — Requirements about particular plant-related materials24 — Grape plant related equipment25 — Soil, compost and potting mix25A — Hay and other fodder26 — Standards for certain plant-related materials26B — Control of tomato potato psyllid26C — Control of European house borerPart 2B — Control of Cucumber Green Mottle Mosaic Virus26E — Application26F — Definitions26G — Prohibition of export from the Territory26H — Owner must have farm biosecurity plan for host plant26J — Owner must produce farm biosecurity plan to inspector26K — Inspector may vary farm biosecurity planPart 3 — Certification of plant health27 — Certificates28 — Matters specified in certificate29 — Corresponding lawsPart 4 — Infringement notice and infringement notice offence30 — Infringement notice offence and prescribed amount payable31 — When infringement notice may be given32 — Contents of infringement notice33 — Payment by cheque34 — Withdrawal of infringement notice35 — Application of PartPart 5 — Administrative matters36 — Permit for introduction36A — Export permit37 — Inspector's powers for section 17 of the Act38 — Labelling of plants and plant products40 — Approved inspection, test and treatment for pestsSchedule 1 — Soil borne pests and snailsSchedule 2 — Pests relating to Musa or EnseteSchedule 3 — Infringement notice offences and prescribed amountsENDNOTES northern territory of australia

northern territory of australia

As in force at 22 December 2021

plant health REGULATIONS 2011

Regulations under the Plant Health Act 2008

Part 1Preliminary matters 1Citation

These Regulations may be cited as the Plant Health Regulations 2011.

2Commencement

These Regulations commence on the commencement of the Plant Health Act 2008.

3Definitions

In these Regulations:

approved inspection means an inspection approved under regulation 40.

approved test means a test approved under regulation 40.

approved treatment means a treatment approved under regulation 40.

area freedom certificate, in relation to a declared pest, means a certificate or other form of certification issued by a government official responsible for agriculture in a State or another Territory that certifies that the State or Territory, or a specified area of a State or another Territory, is free of the declared pest.

bare-rooted, in relation to a plant, means the plant has no soil on or around its roots.

compost means a mixture of one or both of following:

(a)
decaying organic matter;
(b)
decayed organic matter.

corresponding law, see regulation 29.

export permit means a permit issued under regulation 36A.

government certificate, in relation to a plant or plant‑related material being introduced into the Territory, means a certificate or other form of certification that:

(a)
certifies matters in relation to the plant or plant‑related material; and
(b)
is issued by a government official responsible for agriculture in a State or another Territory.

grape plant means the plant belonging to the genus Vitis.

grape product means a product of crushing berries of a grape plant, including juice, skins, seeds, pulp and any incidentally crushed stems and leaves.

grapevine material means any part of a grape plant, other than a grape product, table grape, wine grape or the dried berry.

infringement notice, see regulation 31.

infringement notice offence, see regulation 30(1).

interstate assurance certificate, in relation to a plant or plant‑related material being introduced into the Territory, means a certificate or other form of certification that:

(a)
is issued in the State or Territory where the plant was grown or the plant‑related material was produced; and
(b)
is recognised in the Territory in accordance with section 45 of the Act as:
- (i)
  an assurance certificate made under a corresponding law in that State or Territory; or
- (ii)
  a document that is in the nature of an assurance certificate and made under a corresponding law in that State or Territory.

introduction, of plants into the Territory, includes the importation or transportation of plants into the Territory (whether from another country, a State or another Territory).

nursery stock means a plant that is grown for production of stock for planting elsewhere (including, for example, as household plants) or for sale.

permit for introduction means a permit issued under regulation 36.

PEZ, see regulation 17(7).

Phylloxera Exclusion Zone means an area:

(a)
specified under a corresponding law as being free of the declared pest; or
(b)
recognised by the National Vine Health Steering Committee as being free of the declared pest.

place of origin, for a plant to be introduced into the Territory, means the address of the place in which the plant was last grown before its transportation to the Territory.

potting mix means a growing medium for plants that is composed of organic or inorganic components (or both), and includes sand, perlite, vermiculite, peat, woodchip and pine bark, but not soil.

prescribed amount, see regulation 30(2).

related scheme, for an interstate assurance certificate, means the scheme under which the certificate is made.

sand means a naturally occurring granular material that:

(a)
is composed of worn, disintegrated or eroded rock and mineral particles; and
(b)
does not include any soil or organic matter.

Examples

1
Washed river sand.
2
Deep mined sand.

soil means the top layer of earth that is composed of rock, mineral particles and organic matter.

table grapes means whole berries of a grape plant, intended for consumption while fresh, including stalks to which the berries are attached but not including leaves or any other part of a grape plant.

turf means a layer of live grass, and includes sods, stolons, runners and roots.

ware potato means potato grown for consumption (rather than as seeds or any other purposes).

wine grapes means whole berries of a grape plant intended for the production of wine, including stalks to which the berries are attached but not including leaves or any other part of a grape plant.

4References to organisms

(1)
In these Regulations, an organism is generally identified in the following order:
- (a)
  first, its scientific name (or a name that is generally accepted as the synonym of its scientific name);
- (b)
  secondly, its common name, or, if it is a pest, either its common name or a condition caused by it (see, for example, Schedule 1).
(2)
To avoid doubt, a reference in these Regulations to a pest includes a reference to the pest in any stage of its life cycle.
Example for subregulation (2)
A reference to a pest includes a reference to the pest as a larva.

4ARegulation of plants and plant-related materials

For section 17 of the Act, Parts 2 and 2B of these Regulations prohibit, restrict and impose other requirements in relation to the introduction into the Territory and export from the Territory of plants and plant‑related materials.

Notes for regulation 4A

1
Any plant or plant-related material being introduced into the Territory from another country must also comply with the Biosecurity Act 2015 (Cth) and any other applicable Commonwealth legislation.
2
A contravention of a provision in Part 2 or 2B is an offence against section 17(6) of the Act.

Part 2Control of pests on introduction of plants etc. into the TerritoryDivision 1Application of Part 6Multiple requirements for plants

If more than one provision applies to a plant under this Part, the operation of one provision does not affect the operation of the other provisions.

Example for regulation 6

Plants of grapevine may be subject to the requirements of regulations 12 and 17.

Division 2Requirements about particular pests 7Ants in potting mix

(1)
This regulation provides for the control of the following declared pests:
- (a)
  Anoplolepis gracilipes (Fr. Smith), also known as yellow crazy ant;
- (b)
  Linepithema humile (Mayr), also known as Argentine ant;
- (c)
  Solenopsis invicta (Buren), also known as red imported fire ant;
- (d)
  Wasmannia auropunctata (Roger), also known as electric ant.
(2)
A person must not introduce into the Territory a plant grown in potting mix unless:
- (a)
  the plant was grown in an area where an area freedom certificate for the declared pests is in force; or
- (b)
  a government certificate or interstate assurance certificate certifies that:
  - (i)
    the plant was inspected and found to be not infested with the declared pests before it is introduced; or
  - (ii)
    the place where the plant was grown is more than 5 km from the boundary of any area infested with the declared pests; or
- (c)
  the plant is introduced in accordance with a permit for introduction.
7AAnts in turf
(1)
This regulation provides for the control of the following declared pests:
- (a)
  Anoplolepis gracilipes (Fr. Smith), also known as yellow crazy ant;
- (b)
  Linepithema humile (Mayr), also known as Argentine ant;
- (c)
  Solenopsis invicta (Buren), also known as red imported fire ant;
- (d)
  Wasmannia auropunctata (Roger), also known as electric ant.
(2)
A person must not introduce into the Territory any turf unless:
- (a)
  the turf was grown in an area where an area freedom certificate for the declared pests is in force; or
- (b)
  the turf is introduced in accordance with a permit for introduction.
8Fruit flies – introduction of fruits of declared host plants into Territory
(1)
This regulation applies in relation to the declared host plants of any of the pests specified in the following table:

Item	Scientific name	Common name
1	Bactrocera musae (Tryon)	banana fruit fly
2	Ceratitis capitata (Wiedemann)	Mediterranean fruit fly

(2)
A person must not introduce into the Territory any declared host plant that consists of or includes fruit unless the plant is accompanied by a government certificate or an interstate assurance certificate specifying:
- (a)
  the place of origin of the plant is not infested with any of the pests; or
- (b)
  the plant is part of a consignment that has been inspected and found to be not infested with the pests; or
- (c)
  the plant has undergone an approved treatment for the pests.
9Fruit flies – introduction of fruits of declared host plants into accredited production places
(1)
This regulation applies in relation to the declared host plants of any of the pests specified in the following table:

Item	Scientific name	Common name
1	Bactrocera aquilonis (May)	Northern Territory fruit fly
2	Bactrocera cucumis (French)	cucumber fly
3	Bactrocera musae (Tryon)	banana fruit fly
4	Bactrocera tryoni (Froggatt)	Queensland fruit fly
5	Ceratitis capitata (Wiedemann)	Mediterranean fruit fly

(2)
A person must not introduce into an accredited production place in the Territory a declared host plant that consists of or includes fruit.
(3)
Subregulation (2) does not apply if:
- (a)
  the plant is:
  - (i)
    in transit through, and is not to be unloaded at, the accredited production place; and
  - (ii)
    the plant is packaged and transported in a way that will reasonably prevent the spreading of any of the pests from the plant; or
- (b)
  the plant is accompanied by a government certificate specifying:
  - (i)
    the place of origin of the plant is not infested with the pests and the plant is in transit to another place that is not infested with the pests; or
  - (ii)
    the plant has undergone an approved treatment for the pests; or
- (c)
  the plant is accompanied by an interstate assurance certificate specifying the plant:
  - (i)
    is in transit from an accredited production place in the Territory for any of the declared host plants to another accredited production place for any of the declared host plants; or
  - (ii)
    has undergone an approved treatment for the pests.
  10Melon thrips
(1)
This regulation applies in relation to the declared host plants of the pest Thrips palmi Karny (or melon thrips).
(2)
A person must not introduce a declared host plant into a part of the Territory that is:
- (a)
  an accredited production place for the plant; or
- (b)
  outside a quarantine place for the pest.
(3)
Subregulation (2) does not apply if the plant is accompanied by a government certificate or interstate assurance certificate specifying:
- (a)
  one of the following applies:
  - (i)
    the place of origin of the plant has undergone an approved inspection for the pest and found to be not infested with the pest during the 6 months immediately before the plant was packed for transportation to the Territory;
  - (ii)
    the place of origin of the plants has undergone an approved inspection for the pest and found to be not infested with the pest and is at least 100 km from the boundary of an area infested with the pest; or
- (b)
  before the plant is introduced into the part of the Territory mentioned in subregulation (2)(a) or (b), the plant:
  - (i)
    has been inspected and found to be not infested with the pest; or
  - (ii)
    has undergone an approved treatment for the pest.
  11Scale insects and sucking insects
(1)
This regulation provides for the control of a declared pest that belongs to:
- (a)
  the Superfamily Coccoidea; or
- (b)
  the Superfamily Aleyrodoidea.
(2)
A person must not introduce into the Territory any nursery stock unless:
- (a)
  the nursery stock was grown in an area where an area freedom certificate for the declared pests is in force; or
- (b)
  a government certificate or interstate assurance certificate certifies that the nursery stock was given an approved treatment for the declared pests before the stock is introduced; or
- (c)
  the nursery stock is introduced in accordance with a permit for introduction.
12Soil borne pests and snails – plants generally
(1)
This regulation provides for the control of the declared pests specified in Schedule 1.
(2)
A person must not introduce a plant into the Territory unless:
- (a)
  the plant was grown in an area where an area freedom certificate for the declared pests is in force; or
- (b)
  the plant is completely free of soil and a government certificate or interstate assurance certificate certifies the matters required under subregulation (4).
Example for subregulation (2)(a)
Plants that are bulbs and rhizomes must be bare-rooted and otherwise free of soil.
(3)
If the plant is growing in a medium other than soil (for example, compost or potting mix), the person must not introduce the plant into the Territory unless:
- (a)
  both the medium and container for the medium are completely free of soil; and
- (b)
  the plant is accompanied by a government certificate or interstate assurance certificate specifying the plant:
  - (i)
    has been inspected and found to be not infested with the pests specified in items 4 to 8 of Schedule 1; or
  - (ii)
    has undergone an approved treatment for the pests; and
- (c)
  the plant is also accompanied by the government certificate or interstate assurance certificate mentioned in subregulation (4).
(4)
For subregulation (2)(b) and (3)(c), the plant must be accompanied by a government certificate or interstate assurance certificate specifying that the plant:
- (a)
  is free of visible symptoms of the pests specified in items 1, 3 and 9 to 15 of Schedule 1; and
- (b)
  for a plant other than a grape plant – was grown more than 50 m from a grape plant; and
- (ba)
  was grown more than 20 km from the boundary of any area infested with the pest specified in item 4 of Schedule 1; and
- (c)
  was grown and packed more than 25 km from the boundary of an area infested with the pest specified in item 4 of Schedule 1.
(5)
Subregulation (4)(c) does not apply if the plant is accompanied by an interstate assurance certificate specifying the plant was grown and packed under the related scheme.

Division 3Requirements about particular plants 14Avocado

(1)
This regulation applies to:
- (a)
  the plant Persea americana Mill. (or avocado); and
- (b)
  the following pests:
  - (i)
    the pest avocado sunblotch viroid, which causes the disease sunblotch;
  - (ii)
    the pest Phytophthora cinnamomi Rands, which causes the disease top rot or dieback;
  - (iii)
    the pest Verticillium dahliae Kleb, which causes the disease verticillium wilt
(2)
A person must not introduce into the Territory any plant (other than fruit) unless it is accompanied by:
- (a)
  a permit for introduction; and
- (b)
  a government certificate or interstate assurance certificate specifying:
  - (i)
    the place of origin of the plant is not infected by any of the diseases; and
  - (ii)
    for an interstate assurance certificate – the requirements under the related scheme for growing the plant have been met.
  15Banana, plantain and Manila hemp
(1)
This regulation applies to:
- (a)
  a plant belonging to the genera Musa (including, for example, banana, plantain, and Manila hemp) and Ensete (ornamental banana); and
- (b)
  the pests specified in Schedule 2.
(2)
A person must not introduce into the Territory a plant (other than fruit) unless:
- (a)
  the plant is accompanied by a permit for introduction; and
- (b)
  one or both of the following apply:
  - (i)
    the plant consists of or includes a tissue culture grown in a laboratory under a scheme and is accompanied by an interstate assurance certificate specifying it is introduced into the Territory in the container in which it was grown in the laboratory;
  - (ii)
    the plant was originally grown as a tissue culture and is accompanied by an interstate assurance certificate specifying it has been grown out under the related scheme.
(3)
Despite subregulation (2), a person must not introduce into the Territory a plant that consists of or includes fruit if the place of origin of the plant:
- (a)
  is infected by banana black sigatoka; or
- (b)
  is within 50 km from the boundary of a place infected by banana black sigatoka.
(4)
A person must not transport from one part of the Territory to another part of the Territory a plant (other than fruit) if it is infested with the pests specified in Schedule 2.

16Citrus and Fortunella

(1)
This regulation applies to:
- (a)
  a plant belonging to the genera Citrus and Fortunella; and
- (b)
  the pest sweet orange stem pitting strain (SOSP) of Citrus tristeza virus.
(2)
A person must not introduce into the Territory a plant (other than fruit) unless the plant is accompanied by a government certificate or interstate assurance certificate specifying:
- (a)
  the place of origin of the plant:
  - (i)
    is not infested with the pest; and
  - (ii)
    is at least 20 km from the boundary of any area infested with the pest during the immediately preceding 2 years; and
- (b)
  for an interstate assurance certificate – the requirements of the related scheme have been met in relation to the plant.
17Grape plants
(1)
This regulation provides for the control of the declared pest Daktulosphaira vitifolii (Fitch) (grape phylloxera).
(2)
A person must not introduce grapevine material into the Territory from another country unless the grapevine material is introduced in accordance with a permit for introduction.
Examples for subregulation (2)
Cuttings, rootlets, grafted rootlets, diagnostic samples of the plant, germplasm material, leaves and roots.
(3)
A person must not introduce grapevine material into the Territory from a State or another Territory unless:
- (a)
  the grapevine material was grown in a Phylloxera Exclusion Zone or in an area where an area freedom certificate for the declared pest is in force; and
- (b)
  the grapevine material is introduced in accordance with a permit for introduction; and
- (c)
  in the case of grapevine material consisting of, or including, cuttings or rootlets – a government certificate or interstate assurance certificate certifies that the cuttings or rootlets were given an approved treatment for the declared pest before they are introduced.
(4)
A person must not introduce a grape product into the Territory unless:
- (a)
  a government certificate or interstate assurance certificate certifies that the grape product was grown in a Phylloxera Exclusion Zone; or
- (b)
  the grape product comes from an area where an area freedom certificate for the declared pest is in force.
(5)
A person must not introduce table grapes into the Territory unless:
- (a)
  a government certificate or interstate assurance certificate certifies that the table grapes were grown in a Phylloxera Exclusion Zone; or
- (b)
  the table grapes were grown in an area where an area freedom certificate for the declared pest is in force; or
- (c)
  the table grapes are introduced in accordance with a permit for introduction and a government certificate or interstate assurance certificate certifies that the table grapes were given an approved treatment for the declared pest before they are introduced.
(6)
A person must not introduce wine grapes into the Territory unless:
- (a)
  a government certificate or interstate assurance certificate certifies that the wine grapes were grown in a Phylloxera Exclusion Zone; or
- (b)
  the wine grapes were grown in an area where an area freedom certificate for the declared pest is in force.
18Maize
(1)
This regulation applies to:
- (a)
  a plant belonging to the species Zea mays L.; and
- (b)
  the pest Ustilago maydis (DC.) Cda, which causes the disease boil smut.
(2)
A person must not introduce into the Territory a plant that consists of or includes maize seeds (other than sweet corn) from New South Wales or Queensland unless it is accompanied by a government certificate specifying:
- (a)
  it has undergone an approved treatment for the pest; or
- (b)
  both of the following:
  - (i)
    its place of origin is not infected by boil smut;
  - (ii)
    it was cleaned and packed in premises that have not been used for handling maize seeds that originated from areas infected by boil smut.
  19Papaya
(1)
This regulation applies to:
- (a)
  a plant belonging to the species Carica papaya L.; and
- (b)
  the following pests:
  - (i)
    Asperisporium caricae (Speg.) Maubl, which causes the disease papaya black spot;
  - (ii)
    papaya strain of the Papaya ring spot virus, which causes the disease papaya ring spot.
(2)
A person must not introduce into the Territory a plant whose place of origin is infected by any of the diseases unless it is accompanied by a government certificate or interstate assurance certificate specifying:
- (a)
  it has undergone an approved inspection for the pests and found to be free of the symptoms of the pests; and
- (b)
  if its place of origin is infected by papaya black spot – it has undergone an approved treatment for the pest Asperisporium caricae (Speg.) Maubl.
20Passionfruit
(1)
This regulation applies to:
- (a)
  a plant belonging to the genus Passiflora; and
- (b)
  the pest Passionfruit woodiness virus.
(2)
A person must not introduce to the Territory a plant (other than fruit) unless it is accompanied by a government certificate or interstate assurance certificate specifying:
- (a)
  its place of origin is not infested with the pest; and
- (b)
  it has undergone an approved inspection for the pest and found not to be infested with the pest; and
- (c)
  for an interstate assurance certificate – the requirements under the related scheme for growing the plant have been met.
22Potato
(1)
This regulation applies to:
- (a)
  a plant belonging to the genus Solanum tuberosum L.; and
- (b)
  the pest Globodera rostochiensis (Woll.) Skarbilovich (or potato cyst nematode).
(2)
A person must not introduce into the Territory a plant that consists of or includes seed potatoes unless:
- (a)
  it is accompanied by a permit for introduction; and
- (b)
  it is accompanied by a government certificate or interstate assurance certificate specifying its place of origin is not:
  - (i)
    infested with, or within 20 km of the boundary of an area infested with, the pest; or
  - (ii)
    linked to an area that was infested with the pest (see subregulation (5)); and
- (c)
  the government certificate or interstate assurance certificate also specifies that the plant:
  - (i)
    has undergone an approved test for the pest and found to be not infested with the pest; and
  - (ii)
    has undergone an approved treatment for the pest.
(3)
A person must not introduce into the Territory a plant that consists of or includes ware potatoes unless:
- (a)
  its place of origin is not infested with the pest and is not within 20 km of the boundary of an area infested with the pest; and
- (b)
  if its place of origin is linked to an area infested with the pest at the time of the introduction – the plant is accompanied by a permit for introduction; and
- (c)
  the plant has undergone an approved treatment for the pest.
(4)
A person must not introduce into the Territory a plant that is intended for propagation (but does not consist of or include seed potato) unless:
- (a)
  it was grown as a tissue culture in a laboratory registered under a scheme; and
- (b)
  it is in the original sealed container; and
- (c)
  it is accompanied by a permit for introduction.
(5)
For subregulation (2)(b)(ii), a place is linked to an area infested with the pest if the place has shared ownership, shared equipment, shared seed, shared boundaries or shared drainage with that area.

23Soybean

(1)
This regulation applies to a plant belonging to the species Glycine max (L.) Merr for the control of the pest Phytophthora sojae Kaufmann & Gerdemann, which causes phytopthora rot.
(2)
A person must not introduce into the Territory a plant that consists of or includes seed for sowing unless it is accompanied by a permit for introduction.

Division 4Requirements about particular plant-related materials 24Grape plant related equipment

(1)
This regulation provides for the control of the declared pest Daktulosphaira vitifolii (Fitch) (grape phylloxera).
(2)
Despite regulation 26, a person must not introduce any equipment used in a vineyard into the Territory unless:
- (a)
  the equipment is introduced in accordance with a permit for introduction; and
- (b)
  a government certificate or interstate assurance certificate certifies that the equipment:
  - (i)
    was in a Phylloxera Exclusion Zone for each of the 14 days immediately before it is introduced; or
  - (ii)
    was given an approved treatment for the declared pest before it is introduced.
Examples for subregulation (2)
Grape harvesters, hand tools, grape bins and used trellis posts.

25Soil, compost and potting mix

(1)
This regulation applies in relation to any declared pest that may be introduced in soil, compost or potting mix, including a pest specified in regulation 7(1) or Schedule 1.
(2)
A person must not introduce soil into the Territory unless it is accompanied by a permit for introduction.
(3)
Subregulation (2) does not apply if:
- (a)
  soil is introduced into the Territory because it is attached to ware potatoes introduced into the Territory under regulation 22; or
- (b)
  both of the following apply:
  - (i)
    soil is introduced into the Territory through dust attached to the surface of a vehicle, equipment or footwear entering into the Territory;
  - (ii)
    the person who has control over the vehicle, equipment or footwear does not intend to introduce the soil into the Territory and has exercised reasonable caution in preventing the introduction.
(4)
A person must not introduce compost or potting mix that is packaged or in bulk into the Territory (other than compost or potting mix in which plants are being grown) unless:
- (a)
  it is accompanied by a government certificate specifying it was manufactured in accordance with the requirements in the relevant Australian Standard; or
- (b)
  it was manufactured in accordance with the requirements in the relevant Australian Standard and is clearly labelled as such.
(5)
In this regulation:
relevant Australian Standard means:
- (a)
  for compost – Australian Standard AS 4454 as in force from time to time; and
- (b)
  for potting mix – Australian Standard AS 3743 as in force from time to time.
25AHay and other fodder
(1)
This regulation provides for the control of the declared pests specified in regulation 7(1) and Schedule 1.
(2)
A person must not introduce hay or other fodder into the Territory unless:
- (a)
  the hay or fodder was grown in an area where an area freedom certificate for the declared pests is in force; or
- (b)
  the hay or fodder is introduced in accordance with a permit for introduction.
26Standards for certain plant-related materials
(1)
This regulation provides for the control of all declared pests.
(2)
A person must not introduce the following plant-related material into the Territory except in accordance with a permit for introduction:
- (a)
  used packaging of a plant or plant product;
- (b)
  used containers or pallets that might reasonably be affected by a declared pest;
- (c)
  used agricultural equipment;
- (d)
  used earth moving equipment.
Example for subregulation (2)(c)
Equipment used to harvest mangos.
(3)
For subregulation (2)(c) and (d), agricultural equipment or earth moving equipment is taken to be used even if it was used only for field tests or factory trials.
(4)
To meet the test for issuing a permit under regulation 36(2), a government certificate or interstate assurance certificate certifying at least one of the following is sufficient to establish that the introduction of the plant‑related material will not expose the Territory to the risk of infestation of declared pests:
- (a)
  that the material was given an approved treatment for declared pests before it is introduced;
- (b)
  that the material was cleaned in an approved manner to remove all soil, plant residue, declared pests and any other matter that may transport declared pests before it is introduced.
Note for regulation 26
In the case of equipment used in a vineyard, the equipment must comply with regulation 24.

26BControl of tomato potato psyllid

(1)
This regulation provides for the control of the declared pest Bactericera cockerelli, also known as tomato potato psyllid.
(2)
A person must not introduce into the Territory a declared host plant for tomato potato psyllid unless:
- (a)
  the host plant was grown in an area where an area freedom certificate for the declared pest is in force; or
- (b)
  a government certificate or interstate assurance certificate certifies that the host plant was, before it is introduced:
  - (i)
    given an approved treatment for tomato potato psyllid; and
  - (ii)
    given an approved inspection for tomato potato psyllid and found not to be infested with that pest; and
  - (iii)
    packed in an approved manner; or
- (c)
  the host plant is introduced in accordance with a permit for introduction.
(3)
The inspection specified in subregulation (2)(b)(ii) is not required if the declared host plant is fumigated before it is introduced.

26CControl of European house borer

(1)
This regulation provides for the control of the declared pest Hylotrupes bajulus, also known as European house borer.
(2)
A person must not introduce into the Territory a plant or plant‑related material specified in subregulation (3) unless:
- (a)
  it was grown in or comes from an area where an area freedom certificate for the declared pest is in force; or
- (b)
  a government certificate or interstate assurance certificate certifies that it was given an approved treatment for European house borer within 72 hours before it is introduced; or
- (c)
  it is introduced in accordance with a permit for introduction.
(3)
Subregulation (2) applies to the following:
- (a)
  a tree of the genus Abies, Araucaria, Picea, Pinus or Pseudotsuga;
- (b)
  any wood or wood product made from a tree of the genus Abies, Araucaria, Picea, Pinus or Pseudotsuga.
(4)
However, subregulation (2) does not apply to the following:
- (a)
  any wood product made only of heartwood;
- (b)
  any wood product made only of reconstituted wood;
- (c)
  wooden household goods or furniture introduced by or on behalf of a person for the personal use of the person or a member of the person’s household in the Territory;
- (d)
  any wood less than 100 cm2 in volume;
- (e)
  any wood less than 4 mm thick;
- (f)
  any wood treated with a preservative effective against European house borer in accordance with the Australian Standard for Preservative Treatments of Timber (AS 1604);
- (g)
  wooden pallets or packaging material from a supplier approved under a compliance scheme administered by Western Australia’s Department of Primary Industries and Regional Development.
Example for subregulation (4)(c)
The home furniture shipped by a family moving to the Territory.

Part 2BControl of Cucumber Green Mottle Mosaic Virus 26EApplication

This Part applies:

(a)
if Cucumber Green Mottle Mosaic Virus is a declared pest under the Act; and
(b)
to a person who is the owner of a host plant and who grows it for sale or export.

26FDefinitions

In this Part:

farm biosecurity plan means a plan by an owner of a host plant that specifies how the owner will manage the host plant at a place to minimise the risk of infestation or spreading of Cucumber Green Mottle Mosaic Virus in the Territory.

host plant means a declared host plant for Cucumber Green Mottle Mosaic Virus.

26GProhibition of export from the Territory

A person must not export from the Territory a host plant or the following plant-related material of the host plant unless the person does so in accordance with a written permit given by the Chief Inspector:

(a)
seeds;
(b)
seedlings;
(c)
tissue culture;
(d)
bee hives.

Note for regulation 26G

Failure to comply with this regulation is an offence under section 17(6) of the Act.

26HOwner must have farm biosecurity plan for host plant

(1)
An owner of a host plant must:
- (a)
  have a farm biosecurity plan for the host plant; and
- (b)
  comply with the farm biosecurity plan for the host plant.
(2)
If an owner of a host plant has host plants at more than one place, the owner must have a farm biosecurity plan for each place.
Note for regulation 26H
Failure to comply with this regulation is an offence under section 17(6) of the Act.

26JOwner must produce farm biosecurity plan to inspector

The owner of a host plant must produce the farm biosecurity plan for the host plant to an inspector on request.

Note for regulation 26J

Failure to comply with this regulation is an offence under section 17(6) of the Act.

26KInspector may vary farm biosecurity plan

An inspector may, by written notice to the owner of a host plant, vary a farm biosecurity plan that applies to the owner.

Part 3Certification of plant health 27Certificates

A government certificate or interstate assurance certificate required under these Regulations must be in force at the time of introduction.

28Matters specified in certificate

(1)
If a government certificate or interstate assurance certificate is required by these Regulations to accompany a plant or plant-related material, the certificate must specify the name of each plant (together with its genus and species) to which the certificate relates.
(2)
Despite subregulation (1) and other provisions of these Regulations, if a government certificate or interstate assurance certificate accompanies a consignment of plants or plant-related materials, the certificate is taken to accompany each of the plants or materials if it specifies the name of the genus and species shared by all the plants to which the consignment relates.
(3)
For subregulations (1) and (2), a name required to be specified in the certificate may be specified in a document attached to the certificate.
(4)
In addition, for section 36(3) of the Act, in giving an inspection certificate for a thing or place, an inspector may specify the result of the inspection and any examination and treatment carried out in connection with the inspection in the certificate.

29Corresponding laws

For section 45 of the Act, each of the following is declared to be a corresponding law:

(a)
Biosecurity Act 2015 (NSW);
(b)
Biosecurity Act 2014 (Qld);
(c)
Biosecurity Act 2019 (Tas);
(d)
Biosecurity and Agriculture Management Act 2007 (WA);
(e)
Pest Plants and Animals Act 2005 (ACT) and Plant Diseases Act 2002 (ACT);
(f)
Plant Biosecurity Act 2010 (Vic);
(g)
Plant Health Act 2009 (SA).

Part 4Infringement notice and infringement notice offence 30Infringement notice offence and prescribed amount payable

(1)
An infringement notice offence is an offence against a provision specified in Schedule 3.
(2)
The prescribed amount payable for an infringement notice offence is the amount equal to the monetary value of the number of penalty units specified for the offence in Schedule 3.

31When infringement notice may be

If an inspector reasonably believes a person has committed an infringement notice offence, the inspector may give a notice (an infringement notice) to the person.

32Contents of infringement notice

(1)
The infringement notice must specify the following:
- (a)
  the name and address of the person, if known;
- (b)
  the date the infringement notice is given to the person;
- (c)
  the date, time and place of the infringement notice offence;
- (d)
  a description of the offence;
- (e)
  the prescribed amount payable for the offence;
- (f)
  the enforcement agency, as defined in the Fines and Penalties (Recovery) Act 2001, to whom the prescribed amount is payable.
(2)
The infringement notice must include a statement to the effect of the following:
- (a)
  the person may expiate the infringement notice offence and avoid any further action in relation to the offence by paying the prescribed amount to the specified enforcement agency within 28 days after the notice is given;
- (b)
  the person may elect under section 21 of the Fines and Penalties (Recovery) Act 2001 to have the matter dealt with by a court instead of under that Act by completing a statement of election and giving it to the specified enforcement agency;
- (c)
  if the person does nothing in response to the notice, enforcement action may be taken under the Fines and Penalties (Recovery) Act 2001, including (but not limited to) action for the following:
  - (i)
    suspending the person’s licence to drive;
  - (ii)
    seizing personal property of the person;
  - (iii)
    deducting an amount from the person’s wages or salary;
  - (iv)
    registering a statutory charge on land owned by the person;
  - (v)
    making a community work order for the person and imprisonment of the person if the person breaches the order.
(3)
Also, the infringement notice must include an appropriate form for making the statement of election mentioned in subregulation (2)(b).

33Payment by cheque

If the person tenders a cheque in payment of the prescribed amount, the amount is not taken to have been paid unless the cheque is cleared on first presentation.

34Withdrawal of infringement notice

(1)
The Chief Inspector may withdraw the infringement notice by written notice given to the person.
(2)
The notice must be given:
- (a)
  within 28 days after the infringement notice is given to the person; and
- (b)
  before payment of the prescribed amount.
35Application of Part
(1)
This Part does not prejudice or affect the start or continuation of proceedings for an infringement notice offence for which an infringement notice has been given unless the offence is expiated.
(2)
Also, this Part does not:
- (a)
  require an infringement notice to be given; or
- (b)
  affect the liability of a person to be prosecuted in a court for an offence for which an infringement notice has not been given; or
- (c)
  prevent more than one infringement notice for the same offence being given to a person.
(3)
If more than one infringement notice for the same offence has been given to a person, the person may expiate the offence by paying the prescribed amount in accordance with any of the notices.

Part 5Administrative matters 36Permit for introduction

(1)
For these Regulations, the Chief Inspector may issue to a person a permit for introduction into the Territory from a State or another Territory of specified plants or plant-related materials.
(2)
The Chief Inspector may do so only if satisfied the introduction will not expose the Territory to the risk of infestation of any declared pest.
(3)
A permit for introduction may be subject to conditions imposed by the Chief Inspector.

36AExport permit

(1)
For these Regulations, the Chief Inspector may issue an export permit to a person to export specified plants or plant-related materials from the Territory to a State or another Territory.
(2)
The Chief Inspector must not issue an export permit unless satisfied the export will not contravene any plant health or bio‑security requirements of the State or the other Territory.
(3)
An export permit may be subject to conditions imposed by the Chief Inspector.

37Inspector's powers for section 17 of the Act

(1)
For section 17 of the Act, a Gazette notice under that section or Parts 1 and 2 of these Regulations, an inspector may require a person introducing a thing into the Territory to do any of the following:
- (a)
  present the thing to an inspector for examination;
- (b)
  present a government certificate, interstate assurance certificate or permit for introduction required by the notice or these Regulations to accompany the thing.
(2)
The inspector may exercise the power under subregulation (1) in a way decided by the inspector (including, for example, by requiring the presentation of a government certificate by email or in another specified electronic form).

38Labelling of plants and plant products

(1)
This regulation applies to any of the following that are consigned to be transported to the Territory for sale in the Territory:
- (a)
  plants that are nursery stock;
- (b)
  plants intended to be used for propagation;
- (c)
  plants that are consigned as farm produce (plant products), other than any processed or manufactured goods derived from plants.
(2)
When the plants or plant products are introduced into the Territory, a label meeting the requirements of subregulations (3) and (4) must be attached to:
- (a)
  the packaging for the plants or plant products; or
- (b)
  the plants or plant products if they do not have any packaging.
(3)
The following information must be included in the label:
- (a)
  a description of the plants or plant products;
- (b)
  the name and address of the consignor, grower, packer or consignee for the plants or plant products;
- (c)
  the place where the plants, or plants used in making the plant products, were grown;
- (d)
  the date the plants or plant products were packed for transportation to the Territory;
- (e)
  if the plants or plant products have been produced under a plant health assurance scheme – the information required by the scheme.
(4)
In addition, the information must be:
- (a)
  in English; and
- (b)
  clear and legible; and
- (c)
  in lettering no less than 5 mm in height.
(5)
A person who consigns plants or plant products to be transported to the Territory as mentioned in subregulation (1) commits an offence if subregulation (2), (3) or (4) is contravened in relation to the plants or plant products.
Maximum penalty: 200 penalty units.
(6)
An offence against subregulation (5) is an offence of strict liability.
(7)
It is a defence to a prosecution for an offence against subsection (5) if the defendant establishes a reasonable excuse.
(8)
In this regulation:
packaging includes any container (for example, crate and carton) and any kind of covering for individual plants, plant products or a collection of plants or plant products.

40Approved inspection, test and treatment

(1)
For these Regulations, the Chief Inspector may, in writing, approve the way in which any of the following is to be carried out:
- (a)
  a specified inspection for the detection of the presence of a specified pest;
- (b)
  a specified test for the detection of the presence of a specified pest;
- (c)
  a specified treatment for the control of a specified pest.
(2)
However, the Chief Inspector must be satisfied about one or more of the following before doing so:
- (a)
  the inspection, test or treatment is specified in a code, standard or protocol (whatever it is called) as currently in force for detecting or controlling (as appropriate) the pest;
- (b)
  the inspection, test or treatment is being used for a law of the Commonwealth, a State or another Territory for detecting or controlling (as appropriate) the pest;
- (c)
  the inspection, test or treatment involves the use of a product in a way that corresponds with the instructions specified by the manufacturer of the product for detecting or controlling (as appropriate) the pest in a document accompanying the product;
- (d)
  the inspection, test or treatment involves the use of a product in a way that corresponds with a provision in or under a law of the Commonwealth, a State or another Territory for detecting or controlling (as appropriate) the pest;
- (e)
  the inspection, test or treatment reasonably corresponds with generally accepted scientific view about detecting or controlling (as appropriate) the pest.
Example for subregulation (2)(a) and (b)
A treatment specified under or for the Agricultural and Veterinary Chemicals Code Act 1994 (Cth).

Schedule 1Soil borne pests and snails

regulation 12(1)

Item	Scientific name of pest	Common name of, or condition caused by, pest
1	Daktulosphaira vitifolii (Fitch)	grape phylloxera
2	Globodera rostochiensis (Woll.) Skarbilovich	potato cyst nematode
3	Phytophthora cinnamomi Rands	top rot or die back
4	Cantareus apertus (Born) Schultes	green snail
5	Cernuella virgata (Da Costa)	vineyard snail or common white snail
6	Cochlicella acuta (Müller)	pointed snail or conical snail
7	Prietocella barbara (Linnaeus)	small pointed snail or small conical snail
8	Theba pisana (Müller)	white Italian snail
9	Fusarium oxysporum f.sp. cucumerinum J.H. Owen	cucumber fusarium wilt
10	Fusarium oxysporum f. sp. lycopersici W. C. Snyder & H. N. Hansen	tomato fusarium wilt
11	Fusarium oxysporum f.sp. melonis (Leach & Currence) Snyder & Hansen	rockmelon fusarium wilt
12	Fusarium oxysporum f.sp. niveum (E.F. Sm.) Snyder & H.N. Hansen	watermelon fusarium wilt
13	Fusarium oxysporum f. sp. passiflorae W.L. Gordon	passionfruit fusarium wilt
14	Fusarium oxysporum f.sp. pisi (Linford) Snyder & Hansen	pea fusarium wilt
15	Fusarium oxysporum f.sp. vasinfectum (G.F. Atk.) W.C. Snyder & H.N. Hansen	cotton fusarium wilt

Schedule 2Pests relating to Musa or Ensete

regulation 15(1)(b)

Scientific name of pest	Common name of, or condition caused by, pest
Banana bract mosaic virus	banana bract mosaic
Banana streak virus	banana streak
Banana bunchy top virus	banana bunchy top
Cosmopolites sordidus (Germar)	banana weevil borer or banana root weevil
Cucumber mosaic virus	banana infectious chlorosis
Erwinia chrysanthemi Burkholder, McFadden & Dimock	banana corm and rhizome rot
Fusarium oxysporum Schlecht. ex Fries f.sp. cubense (E.F. Smith) Snyder & Hansen. Race 1, Race 2, Race 4 and Tropical Race 4	banana fusarium wilt
Guignardia musae Racib	banana freckle
Helicotylenchus multicinctus (Cobb) Golden	spiral nematode
Mycosphaerella eumusae Crous & Mour	eumusae leaf spot
Mycosphaerella fijiensis M. Morelet	banana black sigatoka
Radopholus similis (Cobb) Thorne	burrowing nematode or banana root nematode
Ralstonia solanacearum (Smith) Yabuuchi et al. biovar 1 or race 2	banana bacterial wilt or bugtok or moko disease of banana

Schedule 3Infringement notice offences and prescribed amounts

regulation 30(2)

Provision	Prescribed amount in penalty units
section 19(6) of Act	5
section 25(3) of Act	3
section 27(3) of Act	2
section 28(3) of Act	2
section 37(6) of Act	3

ENDNOTES

1
KEY

Key to abbreviations

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

2
LIST OF LEGISLATION

Plant Health Regulations (SL No. 20, 2011)
Notified	18 May 2011
Commenced	1 July 2011 (r 2, s 2 Plant Health Act 2008 (Act No. 37, 2008) and Gaz G26, 29 June 2011, p 2)
Plant Health Amendment (Soil Borne Pests and Snails) Regulations 2012 (SL No. 4, 2012)
Notified	8 February 2012
Commenced	8 February 2012

Plant Health Amendment Regulations 2014 (SL No. 36, 2014)

Notified	11 November 2014
Commenced	11 November 2014

Plant Health Amendment (Control of Cucumber Green Mottle Mosaic Virus) Regulations 2016 (SL No. 2, 2016)

Notified	10 March 2016
Commenced	10 March 2016

Plant Health Amendment Regulations 2017 (SL No. 22, 2017)

Notified	4 July 2017
Commenced	4 July 2017

Plant Health Amendment Regulations 2019 (SL No. 23, 2019)

Notified	21 August 2019
Commenced	21 August 2019

Plant Health Amendment Regulations 2020 (SL No. 18, 2020)

Notified	1 July 2020
Commenced	1 July 2020
Statute Law Revision Act (Act No. 26, 2020)
Assent date	19 November 2020
Commenced	20 November 2020 (s 2)

Plant Health Amendment Regulations 2021 (SL No. 20, 2021)

Notified	22 December 2021
Commenced	22 December 2021

3
GENERAL AMENDMENTS

General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: rr 1 and 32.

4
LIST OF AMENDMENTS

r 3 amd No. 36, 2014, r 3, No. 22, 2017, r 3; No. 18, 2020, r 4; Act No. 26, 2020, s 3

r 4A ins No. 18, 2020, r 5

r 5 rep No. 18, 2020, r 6

r 7 sub No. 18, 2020, r 7

r 7A ins No. 18, 2020, r 7

rr 8 –10 amd No. 18, 2020 r 18

r 11 sub No. 18, 2020, r 8

pt 2 hdg amd No. 36, 2014, r 4

r 12 sub No. 4, 2012, r 3

amd No. 18, 2020, r 9

r 13 amd No. 18, 2020 r 18

rep No. 20, 2021, r 4

amdNo.18,2020r18r17
rr 14 – 16 sub No. xx. 2020, r 10

rr 19 – 20 amd No. 18, 2020 r 18

r 21 rep No. 23, 2019, r 4

r 22 amd No. 18, 2020 r 18

r 24 sub No. 18, 2020, r 11

r 25A ins No. 18, 2020, r 12

r 26 sub No. 18, 2020, r 12

pt 2A hdg ins No. 36, 2014, r 5

rep No. 18, 2020, r 12

r 26A ins No. 36, 2014, r 5

amd No. 18, 2020, r 12

rep No. 20, 2021, r 4

r 26B ins No. 36, 2014, r 5

amd No. 22, 2017, r 4

sub No. 18, 2020, r 12

r 26C sub No. 18, 2020, r 12

r 26D ins No. 36, 2014, r 5

rep No. 22, 2017, r 5

pt 2B hdg ins No. 2, 2016, r 3

rr 26E – 26K ins No. 2, 2016, r 3

r 27 sub No. 18, 2020, r 13

r 28 amd No. 18, 2020 r 18

r 29 sub No. 18, 2020, r 14

r 30 amd No. 36, 2014, r 6

r 36 amd No. 18, 2020, r 15

r 36A ins No. 18, 2020, r 16

r 37 amd No. 18, 2020 r 18

r 39 rep No. 18, 2020, r 17

sch 3 amd No. 36, 2014, r 7