Plant Protection Amendment Regulation (No. 2) 2012 (Qld)

Queensland Plant Protection Amendment Regulation (No. 2) 2012 Subordinate Legislation 2012 No. 224 made under the PlantProtectionAct1989 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Replacement of s 38 (Definitions for pt 2) . . . . . . . . . . . . . . . . . . 3 38 Definitions for pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Amendment of s 38A (Meaning of high risk item) . . . . . . . . . . . . 4 6 Omission of s 47A (Restriction on who may treat fire ant and infested thing) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 Replacement of ch 3, pt 2, div 4, sdivs 1–3 . . . . . . . . . . . . . . . . . 5 Subdivision 1 Restricted areas 49 Declaration of restricted area . . . . . . . . . . . . . . . . . . . 5 Subdivision 2 Movement restrictions 50 Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . 7 51 Restriction on moving infested thing. . . . . . . . . . . . . . 7 52 Restriction on land owner’s movement of restricted item from land in high risk restricted area . . . . . . . . . 7 53 Restriction on moving restricted item by person carrying on commercial activity in high risk restricted area ................................ 8

Plant Protection Amendment Regulation (No. 2) 2012 Contents 54 Restriction on moving restricted item by person carrying on commercial activity in low risk restricted area ................................ 8 Subdivision 3 Risk management plans 55 Person carrying on certain commercial activity in restricted area must have approved risk management plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 56 Requirements for risk management plan . . . . . . . . . . 10 57 Approval of proposed risk management plan . . . . . . . 10 58 Term of approved risk management plan . . . . . . . . . . 11 58A Audits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 8 Amendment of s 59 (Grounds for cancellation and suspension) . 11 9 Amendment of s 60 (Procedure for cancellation and suspension—general) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 10 Amendment of s 61 (Immediate suspension). . . . . . . . . . . . . . . . 12 11 Omission of ch 3, pt 2, div 6 (Reward scheme under pest surveillance program for red imported fire ant) . . . . . . . . . . . . . . 12 12 Replacement of ch 4, hdg (Transitional provision for PlantProtection Amendment Regulation (No. 5) 2003). . . . . . . . . . . . . 12 13 Insertion of new ch 4, pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Part 2 Transitional provision for Plant Protection Amendment Regulation (No. 2) 2012 174 Notification of new restrictions for restricted area. . . . 13 14 Amendment of sch 13 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 14 Page 2 2012 SL No. 224

Plant Protection Amendment Regulation (No. 2) 2012 [s 1] 1 Short title This regulation may be cited as the Plant Protection Amendment Regulation (No. 2) 2012 . 2 Commencement This regulation commences on 17 December 2012. 3 Regulation amended This regulation amends the Plant Protection Regulation 2002. 4 Replacement of s 38 (Definitions for pt 2) Section 38— omit, insert— ‘38 Definitions for pt 2 ‘In this part— approved risk management plan see section 55(2). fire ant means the following pests— (a) tropical fire ant; (b) red imported fire ant. high risk restricted area means an area declared to be a high risk restricted area under section 49(1)(a)(i). low risk restricted area means an area declared to be a low risk restricted area under section 49(1)(a)(ii). pest quarantine area means the pest quarantine area declared under section 39. proposed risk management plan see section 56(2)(a). restricted area means— (a) a high risk restricted area; or (b) a low risk restricted area. restricted item see section 38A. 2012 SL No. 224 Page 3

Plant Protection Amendment Regulation (No. 2) 2012 [s 5] show cause period see section 60(1)(e). soil includes a soil substitute that could be used as a growing medium for a plant. Examples — potting mix, organic mulch treat — (a) for a restricted item to which an approved risk management plan relates—means treat in a way directed by the approved risk management plan; and (b) otherwise—means treat in a way directed by an inspector.’. 5 Amendment of s 38A (Meaning of high risk item ) (1) Section 38A, heading— omit, insert— ‘38A Meaning of restricted item ’. (2) Section 38A(1)— omit, insert— ‘(1) A restricted item means any of the following— (a) soil or any thing that has soil attached; Examples — turf, a plant that has soil on the plant’s roots, an appliance that has soil attached to it (b) material that is a product or by-product of quarrying or mining; Examples — chitters, coal fines, coal stone, decomposed granite, gravel, overburden (c) material that is a product or by-product of the processing or manufacturing of any of the following— (i) an animal; Page 4 2012 SL No. 224

Plant Protection Amendment Regulation (No. 2) 2012 [s 6] Example — solid waste produced by processing an animal at an abattoir (ii) a plant; Examples — mulch, sawdust (iii) anything that comes from an animal or plant; Examples — animal manure, green waste (d) baled hay or straw.’. (3) Section 38A(2), ‘ high risk item ’— omit, insert— ‘ restricted item ’. 6 Omission of s 47A (Restriction on who may treat fire ant and infested thing) Section 47A— omit . 7 Replacement of ch 3, pt 2, div 4, sdivs 1–3 Chapter 3, part 2, division 4, subdivisions 1 to 3— omit, insert— ‘Subdivision 1 Restricted areas ‘49 Declaration of restricted area ‘(1) If the chief executive considers it necessary to prevent fire ant spreading or to eradicate fire ant in Queensland, the chief executive may— (a) declare an area in the pest quarantine area to be— (i) a high risk restricted area; or 2012 SL No. 224 Page 5

Plant Protection Amendment Regulation (No. 2) 2012 [s 7] (ii) a low risk restricted area; and (b) define the boundaries of the area so declared. ‘(2) The chief executive must give notice of the declaration in each of the following (each a declaration notice )— (a) in a newspaper published in Brisbane and circulating generally throughout Queensland; (b) in another newspaper, if any, published at least 5 days in any week, and circulating generally throughout the locality in which the area is situated; (c) on the department’s website. Editor’s note — The address of the department’s website is < ‘(3) A declaration notice must state each of the following— (a) a sufficient reference to the location of the area to identify the area; (b) that the area has been declared to be— (i) a high risk restricted area; or (ii) a low risk restricted area; (c) where a map showing the boundaries of the area is available for public inspection; (d) that the restrictions mentioned in sections 51 to 58 apply to the area. ‘(4) A declaration notice under subsection (2)(a) or (b) must also state that the declaration notice on the website shows the boundaries of the area. ‘(5) A declaration notice under subsection (2)(c) must also show the boundaries of the area. Page 6 2012 SL No. 224

‘Subdivision 2 Plant Protection Amendment Regulation (No. 2) 2012 [s 7] Movement restrictions ‘50 Application of sdiv 2 ‘This subdivision does not limit another provision of this part. ‘51 Restriction on moving infested thing ‘(1) An owner of land in a restricted area must not, without an inspector’s approval, move, or allow another person to move, a thing infested with fire ant— (a) from the owner’s parcel of land to another parcel of land in the restricted area; or (b) out of the restricted area. ‘(2) The inspector may approve a movement mentioned in subsection (1) on conditions. ‘52 Restriction on land owner’s movement of restricted item from land in high risk restricted area ‘(1) This section applies if the owner of a parcel of land in a high risk restricted area— (a) has a restricted item on the land; and (b) is not carrying on a commercial activity on the land. ‘(2) The owner must not, without an inspector’s approval, move, or allow another person to move, the restricted item from the land. ‘(3) The inspector may approve a movement mentioned in subsection (2) on conditions. ‘(4) Despite subsection (2), the owner may move, or allow another person to move, the restricted item to a waste facility in the restricted area without an inspector’s approval. ‘(5) In this section— waste facility see the WasteReductionandRecyclingAct2011 , schedule. 2012 SL No. 224 Page 7

Plant Protection Amendment Regulation (No. 2) 2012 [s 7] ‘53 Restriction on moving restricted item by person carrying on commercial activity in high risk restricted area ‘(1) This section applies to a person carrying on a commercial activity in a high risk restricted area if the person has a restricted item on the site where the commercial activity is carried on. ‘(2) The person must not, without an inspector’s approval, move, or allow another person to move, the restricted item— (a) from a parcel of land in the high risk restricted area to another parcel of land in the high risk restricted area; or (b) out of the high risk restricted area. ‘(3) The inspector may approve a movement mentioned in subsection (2) on conditions. ‘(4) Despite subsection (2), if there is an approved risk management plan for the activity, the person may carry out, or allow another person to carry out, a movement mentioned in subsection (2) without an inspector’s approval if the restricted item has been treated in compliance with the plan. Note — For the requirement to have a risk management plan for a commercial activity in a restricted area that involves the movement of a restricted item, see section 55. ‘54 Restriction on moving restricted item by person carrying on commercial activity in low risk restricted area ‘(1) This section applies to a person carrying on a commercial activity in a low risk restricted area if the person has a restricted item on the site where the commercial activity is carried on. ‘(2) The person must not, without an inspector’s approval, move, or allow another person to move, the restricted item out of the low risk restricted area. ‘(3) The inspector may approve the movement on conditions. Page 8 2012 SL No. 224

Plant Protection Amendment Regulation (No. 2) 2012 [s 7] ‘(4) However, the person may carry out, or allow another person to carry out, the movement without an inspector’s approval if— (a) the person moves the restricted item to a high risk restricted area; or (b) if there is an approved risk management plan for the commercial activity—the restricted item has been treated in compliance with the plan. Note — For the requirement to have a risk management plan for a commercial activity in a restricted area that involves the movement of a restricted item, see section 55. ‘Subdivision 3 Risk management plans ‘55 Person carrying on certain commercial activity in restricted area must have approved risk management plan ‘(1) This section applies to a person who is carrying on a commercial activity— (a) in a high risk restricted area, if the commercial activity involves the movement of a restricted item— (i) from a parcel of land in the high risk restricted area to another parcel of land in the high risk restricted area; or (ii) out of the high risk restricted area; or (b) in a low risk restricted area, if the commercial activity involves the movement of a restricted item out of the low risk restricted area, other than to land in a high risk restricted area. ‘(2) The person must implement and keep a risk management plan that complies with section 56 for the commercial activity (an approved risk management plan ). 2012 SL No. 224 Page 9

Plant Protection Amendment Regulation (No. 2) 2012 [s 7] ‘56 Requirements for risk management plan ‘(1) A risk management plan must manage the risks associated with the commercial activity carried on in a restricted area by a person by using appropriate management techniques to prevent the activity, or the things associated with the activity, from spreading fire ant. ‘(2) The person carrying on the commercial activity must— (a) prepare a risk management plan for the commercial activity (the proposed risk management plan ); and (b) give the proposed risk management plan to an inspector. ‘(3) The proposed risk management plan has no effect unless it has been approved by an inspector. ‘57 Approval of proposed risk management plan ‘(1) An inspector must, when deciding whether to approve a proposed risk management plan, consider if it— (a) takes into account the risks posed by the commercial activity that may spread fire ant; and (b) identifies each restricted item or procedure that may spread fire ant; and (c) ensures each restricted item is not infested with fire ant. ‘(2) The factors the inspector must consider, if applicable to the commercial activity, include, but are not limited to, the following— (a) purchase of restricted items; (b) movement of restricted items onto and off the site where the commercial activity is carried on; (c) storage and use of restricted items on the site; (d) methods to increase the early detection of fire ant on the site; (e) monitoring of the site to detect the presence of fire ant; (f) treatment for fire ant at the site; Page 10 2012 SL No. 224

Plant Protection Amendment Regulation (No. 2) 2012 [s 8] (g) treatment of a restricted item before moving the item off the site; (h) staff training on detection of fire ant. ‘(3) The person carrying on the commercial activity must give information the inspector reasonably requires to decide whether the plan should be approved. ‘(4) Before approving the proposed risk management plan, the inspector may— (a) inspect, test or treat or take samples of a restricted item; or (b) do anything else the inspector reasonably considers necessary or desirable. ‘(5) The inspector may approve a person’s proposed risk management plan subject to conditions. ‘58 Term of approved risk management plan ‘An approved risk management plan remains in force— (a) for any term stated initially in it; or (b) for any term an inspector later directs; or (c) until it is cancelled or suspended. ‘58A Audits ‘An inspector may audit an approved risk management plan to decide if it has been satisfactorily implemented and kept under this part.’. 8 Amendment of s 59 (Grounds for cancellation and suspension) Section 59, ‘business person’s’— omit, insert— ‘person’s’. 2012 SL No. 224 Page 11

Plant Protection Amendment Regulation (No. 2) 2012 [s 9] 9 Amendment of s 60 (Procedure for cancellation and suspension—general) Section 60(1), ‘business person’s’— omit, insert— ‘person’s’. 10 Amendment of s 61 (Immediate suspension) Section 61(2), ‘business person’— omit, insert— ‘person’. 11 Omission of ch 3, pt 2, div 6 (Reward scheme under pest surveillance program for red imported fire ant) Chapter 3, part 2, division 6— omit . 12 Replacement of ch 4, hdg (Transitional provision for PlantProtection Amendment Regulation (No. 5) 2003) Chapter 4, heading— omit, insert— ‘Chapter 4 Transitional provisions ‘Part 1 Transitional provision for PlantProtection AmendmentRegulation (No. 5) 2003’. 13 Insertion of new ch 4, pt 2 After section 173— insert— Page 12 2012 SL No. 224

‘Part 2 Plant Protection Amendment Regulation (No. 2) 2012 [s 13] Transitional provision for Plant Protection Amendment Regulation (No. 2) 2012 ‘174 Notification of new restrictions for restricted area ‘(1) This section applies if, before the commencement of this section, the chief executive declares an area to be a restricted area for chapter 3, part 2. ‘(2) If the chief executive decides the amending regulation should, on or after the commencement of this section, apply to the restricted area, the chief executive must give notice of the decision— (a) in each newspaper in which the chief executive gave notice of the declaration; and (b) on the department’s website. Editor’s note — The address of the department’s website is < ‘(3) The notice under subsection (2) must state the following— (a) a sufficient reference to the location of the restricted area to identify the area; (b) the day the restricted area was declared; (c) that the restricted area is— (i) a high risk restricted area; or (ii) a low risk restricted area; (d) where a map showing the boundaries of the restricted area is available for public inspection; (e) that the restrictions mentioned in sections 51 to 58, as in force after the commencement of this section, apply to the restricted area. ‘(4) A notice under subsection (2)(a) must also state that the notice on the department’s website shows the boundaries of the restricted area. 2012 SL No. 224 Page 13

Plant Protection Amendment Regulation (No. 2) 2012 [s 14] ‘(5) A notice under subsection (2)(b) must also show the boundaries of the restricted area. ‘(6) If the chief executive gives notice under subsection (2), the amending regulation applies to the restricted area from the day of publication, or first publication, of the notice. ‘(7) In this section— amending regulation means the Plant Protection Amendment Regulation (No. 2) 2012 .’. 14 Amendment of sch 13 (Dictionary) (1) Schedule 13, definitions approved disposal site , approved risk management plan , business person , DPI fire ant approved symbol , eligibility criteria provision , eligible person , fire ant declaration , high risk item , new fire ant colony , property , reward amount , scheme and scheme period — omit . (2) Schedule 13— insert— ‘ approved risk management plan , for chapter 3, part 2, see section 55(2). high risk item , for chapter 3, part 16, see section 154. high risk restricted area , for chapter 3, part 2, see section 38. low risk restricted area , for chapter 3, part 2, see section 38. proposed risk management plan , for chapter 3, part 2, see section 56(2)(a).’. (3) Schedule 13, definition authorised person , paragraph (a)— omit . (4) Schedule 13, definition authorised person , paragraphs (b) to (d)— renumber as paragraphs (a) to (c). (5) Schedule 13, definition restricted item , paragraph (a), ‘section 38’— Page 14 2012 SL No. 224

Plant Protection Amendment Regulation (No. 2) 2012 [s 14] omit, insert— ‘section 38A’. ENDNOTES 1 Made by the Governor in Council on 6 December 2012. 2 Notified in the gazette on 7 December 2012. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Agriculture, Fisheries and Forestry. © State of Queensland 2012 2012 SL No. 224 Page 15