Plant Protection Amendment Regulation (No. 1) 1998 (Qld)

Queensland Subordinate Legislation 1998 No. 166 Plant Protection Act 1989 PLANT PROTECTION AMENDMENT REGULATION (No. 1) 1998 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Replacement of s 18G (Fireblight—control over introduction of pest) . . . . 2 18G Fireblight—control over introduction of pest . . . . . . . . . . . . . . . . . . . 2 4 Replacement of sch 6 (Fireblight—prohibited plants) . . . . . . . . . . . . . . . . . 3 SCHEDULE 6 REGULATED FIREBLIGHT HOST PLANTS

s1 2 s3 Plant Protection Amendment (No. 1) No. 166, 1998 ˙ Short title 1. This regulation may be cited as the Plant Protection Amendment Regulation (No. 1) 1998 . ˙ Regulation amended 2. This regulation amends the Plant Protection Regulation 1990 . ˙ Replacement of s 18G (Fireblight—control over introduction of pest) 3. Section 18G— omit, insert— ˙ ‘ Fireblight—control over introduction of pest ‘ 18G.(1) A person is prohibited from introducing a regulated fireblight host plant into Queensland. ‘ (2) Subsection (1) does not apply to a plant (other than fruit) if— (a) the plant has been grown in a nursery that has been certified, by an interstate inspector, as being— (i) located more than 10 km from a fireblight area; and (ii) free from evidence of fireblight when inspected by an interstate inspector in the autumn and spring before the certificate was made; and (b) the plant is accompanied by a certificate, from an interstate inspector or authorised person, that states the plant was growing in the nursery for the whole of the year before the certificate was made. ‘ (3) In this section— “authorised person” means a person authorised by— (a) the head of the interstate department; or (b) an interstate inspector. “fireblight area” means— (a) the Royal Botanic Gardens, Melbourne, Victoria; or

s4 3 s4 Plant Protection Amendment (No. 1) No. 166, 1998 (b) the Botanic Gardens of Adelaide, Adelaide, South Australia. “interstate department” means the department of another State that deals with matters relating to agriculture in the State. “interstate inspector” means an inspector for an interstate department. “regulated fireblight host plant” means a plant that— (a) is— (i) a hybrid mentioned in schedule 6; or (ii) of a species mentioned in schedule 6; or (iii) of a species within a genus mentioned in schedule 6; and (b) has— (i) for fruit—been grown within 5 km of a fireblight area; or (ii) for a plant (other than fruit)—been within 20 km of a fireblight area.’. ˙ Replacement of sch 6 (Fireblight—prohibited plants) 4. Schedule 6— omit, insert— ‘ SCHEDULE 6 ‘ REGULATED FIREBLIGHT HOST PLANTS section 18G Hybrid Rubus hybrids Common name Thornless blackberry Species Prunus salicina Rubus ideus Common name Plum Red raspberry

s4 Genus Amelanchier Cotoneaster Crataegus Cydonia Eriobotrya Malus Mespilus Pyracantha Pyrus Sorbus Stransvaesia 4 Plant Protection Amendment (No. 1) s4 No. 166, 1998 Examples of common names Service berry, June berry Cotoneaster Hawthorn Quince Loquat Apple Medlar Fire thorn Pear Mountain ash –’. ENDNOTES 1. Made by the Governor in Council on 18 May 1998. 2. Notified in the gazette on 22 May 1998. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Primary Industries, Fisheries and Forestry. © State of Queensland 1998