Plant Protection Amendment Regulation (No. 2) 2008 (Qld)

Queensland Plant Protection Amendment Regulation (No. 2) 2008 Subordinate Legislation 2008 No. 96 made under the PlantProtectionAct1989 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Insertion of new ch 3, pt 2, div 6. . . . . . . . . . . . . . . . . . . . . . . . . . 2 Division 6 Reward scheme under pest surveillance program for red imported fire ant Subdivision 1 Preliminary 64A Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 64B Definitions for div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Subdivision 2 Provisions about reward scheme 64C Purpose of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 64D Who is an eligible person . . . . . . . . . . . . . . . . . . . . . . 3 64E What is a new fire ant colony . . . . . . . . . . . . . . . . . . . 4 64F Eligibility criteria provision . . . . . . . . . . . . . . . . . . . . . 4 64G How to report finding of, or information about, fire ant colony . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 64H Payment of reward amount. . . . . . . . . . . . . . . . . . . . . 7 64I Verification of new fire ant colony . . . . . . . . . . . . . . . . 7 64J Proof of identity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4 Amendment of sch 13 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 8

Plant Protection Amendment Regulation (No. 2) 2008 [s 1] 1 Short title This regulation may be cited as the Plant Protection Amendment Regulation (No. 2) 2008 . 2 Regulation amended This regulation amends the Plant Protection Regulation 2002. 3 Insertion of new ch 3, pt 2, div 6 Chapter 3, part 2— insert— ‘Division 6 Reward scheme under pest surveillance program for red imported fire ant ‘Subdivision 1 Preliminary ‘64A Application of div 6 ‘This division applies to red imported fire ant. ‘64B Definitions for div 6 ‘In this division— eligibility criteria provision means section 64F. eligible person see section 64D. new fire ant colony see section 64E. property means 1 or more parcels of land— (a) consisting of a single holding or operating as a single enterprise; or (b) consisting of— Page 2 2008 SL No. 96

Plant Protection Amendment Regulation (No. 2) 2008 [s 3] (i) the scheme land for a community titles scheme under the BodyCorporateandCommunityManagement Act 1997 ; or (ii) the land for another complex similar to a community titles scheme; or (c) forming an area of parkland. reward amount see section 64H(1). scheme means the reward scheme under subdivision 2. scheme period means the period of 8 weeks starting on the commencement of this section. ‘Subdivision 2 Provisions about reward scheme ‘64C Purpose of sdiv 2 ‘(1) This subdivision provides for a reward scheme under the pest surveillance program. Editor’s note — Information about the reward scheme is available on the department’s website at < ‘(2) In this section— pest surveillance program means the pest surveillance program for fire ant, authorised to be conducted by the chief executive under section 20B of the Act and applying to the pest quarantine area. ‘64D Who is an eligible person ‘(1) An eligible person is an individual who is at least 18 years. ‘(2) However, a person is not an eligible person if the person is an employee of the department or a member of an employee’s household. 2008 SL No. 96 Page 3

Plant Protection Amendment Regulation (No. 2) 2008 [s 3] ‘64E What is a new fire ant colony ‘A fire ant colony is a new fire ant colony if— (a) the colony— (i) is on a property in the State; and (ii) has not, whether or not under this scheme, been previously reported to the department; and (b) the property has not, on or after 1 July 2006, been identified on operational maps held by the department as a property that is infested with fire ant; and (c) the department is not aware of any other fire ant colony on the property. ‘64F Eligibility criteria provision ‘(1) For a person to be eligible to be paid a reward under the scheme— (a) the person must— (i) be an eligible person; and (ii) report, in the way stated in section 64G and in the scheme period, the finding of a fire ant colony or information that leads to the discovery of a fire ant colony; and (iii) if the person reports the finding of a fire ant colony under subparagraph (ii)—within 15 business days after being asked to do so, if asked to do so, give the department’s Biosecurity Queensland Control Centre a fire ant collected from the fire ant colony; and Editor’s note — An ant submission kit will be sent to the person together with instructions on how to send in the ant. A dead fire ant may be posted to the General Manager, Biosecurity Queensland Control Centre, 53 Seventeen Mile Rocks Road, Oxley, Queensland, 4075. Page 4 2008 SL No. 96

Plant Protection Amendment Regulation (No. 2) 2008 [s 3] (b) the fire ant colony must be a new fire ant colony when its finding, or information leading to its discovery, is reported under paragraph (a)(ii); and (c) a fire ant collected from a fire ant colony under paragraph (a)(iii) must be dead when it leaves the property on which the fire ant colony is located. ‘(2) However, if the person is asked, but is unable, to collect a fire ant from a fire ant colony, the person must, within 15 business days after being asked to give the department’s Biosecurity Queensland Control Centre a fire ant collected from the fire ant colony, notify the department’s Biosecurity Queensland Control Centre that the person is unable to collect a fire ant. Examples of circumstances in which a person may be unable to collect a fire ant from a fire ant colony — • the fire ant colony is on another person’s land • the person is physically incapacitated • the person considers the person’s health may be endangered by collecting the fire ant ‘(3) If the person notifies the department’s Biosecurity Queensland Control Centre under subsection (2) or if the person is not asked under subsection (1)(a)(iii) to give a fire ant, a suitably authorised officer or employee of the department may collect a fire ant from the fire ant colony. ‘(4) Reporting under subsection (1) must be by 1 person only. ‘(5) A person is not eligible to be paid a reward in relation to a fire ant colony if— (a) in the finding of the fire ant colony or in the obtaining of information leading to the discovery of the fire ant colony, or in doing or failing to do anything else in relation to the fire ant colony, the person— (i) contravenes a provision of the Act, or a regulation or notice made under the provision; or (ii) otherwise acts unlawfully; or Example of failing to do something for paragraph (a)(i) — A person, having found a fire ant colony and reported it for the purposes of the scheme, fails to comply with any obligation to 2008 SL No. 96 Page 5

Plant Protection Amendment Regulation (No. 2) 2008 [s 3] notify, or to confirm a notification, applying to the person under section 12(3) of the Act in relation to notifiable pests located in the fire ant colony. Example of acting unlawfully for paragraph (a)(ii) — A person trespasses on land to find a fire ant colony on the land. (b) the person acts unlawfully in seeking to be paid the reward. ‘(6) A person is not eligible to be paid a reward in relation to a fire ant colony if the person conducts surveillance for fire ant as part of the person’s employment or business and, as a result of the surveillance, finds the fire ant colony or obtains information leading to the discovery of the fire ant colony. Example of surveillance — surveillance conducted under an approved risk management plan ‘64G How to report finding of, or information about, fire ant colony ‘A person reports under section 64F(1)(a)(ii) by taking the action necessary to ensure that, within 24 hours of the finding of a fire ant colony or the obtaining of information that could lead to the discovery of a fire ant colony, the department’s Biosecurity Queensland Control Centre is notified of the following— (a) the person’s name and contact details; (b) the location of— (i) the fire ant colony; or (ii) the place where the person suspects there is a fire ant colony; (c) any other information that may help— (i) the fire ant colony to be located; or (ii) a fire ant colony to be discovered. Note — This section does not affect any obligation applying under section 12(3) of the Act. Page 6 2008 SL No. 96

Plant Protection Amendment Regulation (No. 2) 2008 [s 3] Editor’s note — The Biosecurity Queensland Control Centre may be notified by, for example— • reporting in person to the department’s Biosecurity Queensland Control Centre at 53 Seventeen Mile Rocks Road, Oxley, Queensland, 4075 during office hours • telephoning, faxing, sending a text message to, e-mailing or submitting an online form to the Biosecurity Queensland Control Centre. ‘64H Payment of reward amount ‘(1) The chief executive may pay a reward of $500 ( reward amount ) to a person who, in the chief executive’s opinion, satisfies the eligibility criteria provision. ‘(2) To claim a reward amount, a person must give the chief executive an application in the approved form. ‘(3) A reward amount may be paid only to the person who makes the report under the eligibility criteria provision, and may be given only once in relation to any fire ant colony. ‘(4) Despite any other provision of this regulation, only 1 reward amount may be paid in relation to any property. Examples for subsections (3) and (4) — • If a person reports the finding of a fire ant colony on a property, and a second person reports the finding of the same or a different fire ant colony on the same property, the 2 persons can not both be paid the reward amount. • Only 1 reward amount can be paid to a person who reports the finding of 2 fire ant colonies on the 1 property, whether the 2 colonies are reported on the same day, or on 2 different days. ‘64I Verification of new fire ant colony ‘(1) The chief executive must— (a) examine each fire ant from a fire ant colony that is given to the department’s Biosecurity Queensland Control Centre, or collected, under the eligibility criteria provision; and 2008 SL No. 96 Page 7

Plant Protection Amendment Regulation (No. 2) 2008 [s 4] (b) verify whether or not the fire ant colony is a new fire ant colony; and (c) within 15 days after receiving or collecting the fire ant, notify the person who, under the eligibility criteria provision, reported the finding of the fire ant colony, of the results of the chief executive’s findings under paragraph (b). ‘(2) If, under the eligibility criteria provision, a person gives information that could lead to the discovery of a fire ant colony, and, as a result of the information, a fire ant colony is located, the chief executive must— (a) verify whether or not the fire ant colony is a new fire ant colony; and (b) within 15 days after locating the fire ant colony, notify the person who gave the information of the results of the chief executive’s findings under paragraph (a). ‘64J Proof of identity ‘The chief executive may require a person claiming a reward amount to give the chief executive— (a) proof of the person’s identity; and (b) any other proof the chief executive reasonably requires to be satisfied that the person is a person to whom the chief executive may pay the reward amount.’. 4 Amendment of sch 13 (Dictionary) Schedule 13— insert— ‘ eligibility criteria provision , for chapter 3, part 2, division 6, see section 64B. eligible person , for chapter 3, part 2, division 6, see section 64D. new fire ant colony , for chapter 3, part 2, division 6, see section 64E. Page 8 2008 SL No. 96

Plant Protection Amendment Regulation (No. 2) 2008 [s 4] property , for chapter 3, part 2, division 6, see section 64B. reward amount , for chapter 3, part 2, division 6, see section 64H(1). scheme , for chapter 3, part 2, division 6, see section 64B. scheme period , for chapter 3, part 2, division 6, see section 64B.’. ENDNOTES 1 Made by the Governor in Council on 17 April 2008. 2 Notified in the gazette on 18 April 2008. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Primary Industries and Fisheries. © State of Queensland 2008 2008 SL No. 96 Page 9