Plant Protection Amendment Regulation (No. 1) 2010 (Qld)

Queensland Plant Protection Amendment Regulation (No. 1) 2010 Subordinate Legislation 2010 No. 119 made under the PlantProtectionAct1989 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Insertion of new ch 3, pt 4, div 1 hdg . . . . . . . . . . . . . . . . . . . . . . 2 4 Amendment of s 69 (Definitions for pt 4) . . . . . . . . . . . . . . . . . . . 2 5 Insertion of new ch 3, pt 4, div 2 hdg . . . . . . . . . . . . . . . . . . . . . . 3 6 Replacement of ss 71–74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 71 Objects of quarantine . . . . . . . . . . . . . . . . . . . . . . . . . 3 Division 3 Restrictions for general control zone 72 Restriction on introducing restricted items . . . . . . . . . 3 Division 4 Restrictions for special control zone 73 What is the special control zone. . . . . . . . . . . . . . . . . 4 74 Restriction on introducing restricted items . . . . . . . . . 5 7 Insertion of new attachment 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Attachment 1 Special control zone for grape phylloxera

Plant Protection Amendment Regulation (No. 1) 2010 [s 1] 1 Short title This regulation may be cited as the Plant Protection Amendment Regulation (No. 1) 2010 . 2 Regulation amended This regulation amends the Plant Protection Regulation 2002 . 3 Insertion of new ch 3, pt 4, div 1 hdg Chapter 3, part 4, after part 4 heading— insert — ‘Division 1 Preliminary’. 4 Amendment of s 69 (Definitions for pt 4) (1) Section 69, definition marc — omit . (2) Section 69— insert — ‘ general control zone means the part of the pest quarantine area that is outside the special control zone. grape phylloxera means the pest Daktulosphaira vitifolii (Fitch). marc , for grapes, means— (a) the solids residue from crushing or pressing of must; or (b) wine fermented on skins, containing skins, seeds and possibly stems. other thing includes clothing, footwear, tools and packaging material. special control zone see section 73(1). (3) Section 69, definition grape plant product , paragraph (a)— Page 2 2010 SL No. 119

Plant Protection Amendment Regulation (No. 1) 2010 [s 5] omit, insert— ‘(a) fruit of the grape plant; and’. 5 Insertion of new ch 3, pt 4, div 2 hdg After section 69— insert— ‘Division 2 Declaration of pest quarantine area and objects of quarantine’. 6 Replacement of ss 71–74 Sections 71 to 74— omit , insert — ‘71 Objects of quarantine The objects of the quarantine are to— (a) prevent the introduction of grape phylloxera into Queensland; and (b) prevent or control the spread of grape phylloxera within Queensland; and (c) remove infestations of grape phylloxera in Queensland. ‘Division 3 Restrictions for general control zone ‘72 Restriction on introducing restricted items ‘(1) A person must not, without an inspector’s approval, introduce any of the following (each a restricted item ) into the general control zone from outside the quarantine area— (a) grape phylloxera; (b) a grape plant; (c) a grape plant product; 2010 SL No. 119 Page 3

Plant Protection Amendment Regulation (No. 1) 2010 [s 6] (d) an appliance or other thing that has been in contact with a grape plant or the soil on which a grape plant has been growing. ‘(2) An inspector may give an approval, with or without conditions, only if the inspector is satisfied that the introduction of the restricted item will not pose a significant risk of introducing grape phylloxera into the general control zone. ‘Division 4 Restrictions for special control zone ‘73 What is the special control zone ‘(1) The special control zone is the area made up of— (a) the following local government areas— (i) Balonne shire; (ii) Banana shire; (iii) Central Highlands shire; (iv) Maranoa region; (v) Paroo shire; (vi) Woorabinda shire; and (b) the part of the local government area of North Burnett region west of the Burnett Highway; and (c) the part of the local government area of Western Downs region west of a line— • from the intersection of the Warrego Highway and Dalby Jandowae Road • along Dalby Jandowae Road in a northerly direction to the intersection with Kingaroy Jandowae Road • along Kingaroy Jandowae Road in an easterly direction to the intersection with Niagra Road Page 4 2010 SL No. 119

Plant Protection Amendment Regulation (No. 1) 2010 [s 6] • along Niagra Road in an easterly direction to the intersection with the Bunya Highway • along the boundary of the Western Downs region in a northerly direction to the intersection with the boundary of the North Burnett region. ‘(2) Attachment 1 to this regulation shows the approximate location of the special control zone. Editor’s note — Maps showing the exact location of the boundary of the special control zone in particular places are available, free of charge, from the department’s head office in Brisbane and its regional offices in the special control zone. The addresses and contact details for the department’s offices can be found on the department’s website at < ‘(3) The attachment does not form part of this regulation. ‘(4) If the special control zone is amended the attachment must be revised as soon as possible after the amendment. ‘74 Restriction on introducing restricted items ‘(1) A person must not, without an inspector’s approval, introduce into the special control zone, any of the following (each a restricted item )— (a) grape phylloxera; (b) a grape plant; (c) a grape plant product; (d) an appliance or other thing that has been in contact with a grape plant or the soil on which a grape plant has been growing. ‘(2) An inspector may give an approval, with or without conditions, only if the inspector is satisfied that the introduction of the restricted item will not pose a significant risk of introducing grape phylloxera into the special control zone. ‘(3) To remove any doubt, it is declared that a person requires an approval under subsection (2) to introduce a restricted item 2010 SL No. 119 Page 5

Plant Protection Amendment Regulation (No. 1) 2010 [s 7] into the special control zone even if the person has been given an approval under section 72(2) to introduce the item into the general control zone.’. 7 Insertion of new attachment 1 After schedule 13— insert — Page 6 2010 SL No. 119

Plant Protection Amendment Regulation (No. 1) 2010 [s 7] ‘Attachment 1 Special control zone for grape phylloxera section 73(2) 2010 SL No. 119 ’. Page 7

Plant Protection Amendment Regulation (No. 1) 2010 ENDNOTES 1 Made by the Governor in Council on 17 June 2010. 2 Notified in the gazette on 18 June 2010. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Employment, Economic Development and Innovation. © State of Queensland 2010 Page 8 2010 SL No. 119