Plant Protection Amendment Regulation (No. 4) 2004 (Qld)

Queensland Plant Protection Amendment Regulation (No. 4) 2004 Subordinate Legislation 2004 No. 204 made under the PlantProtectionAct1989 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Insertion of new pt 17B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Division 1 Definitions 131E Definitions for pt 17B . . . . . . . . . . . . . . . . . . . . . . . . . 3 Division 2 Pest quarantine area and objects of quarantine 131F Declaration of pest quarantine area . . . . . . . . . . . . . . 11 131G Objects of quarantine . . . . . . . . . . . . . . . . . . . . . . . . . 12 Division 3 Restrictions and obligations relating to movement Subdivision 1 Restrictions on movement 131H Restrictions on movement into, within or out of pest quarantine area . . . . . . . . . . . . . . . . . . . . . . . . . 13 131I Restrictions on movement within non-quarantined area or to particular land . . . . . . . . . . . . . . . . . . . . . . 13 131J Restrictions on movement into Queensland. . . . . . . . 14 Subdivision 2 Obligation to keep particular documents relating to movement of host plants 131K Obligation to keep relevant business document—movements within Queensland . . . . . . . . 14

2 Plant Protection Amendment Regulation (No. 4) 2004 No. 204, 2004 131L Obligation to keep relevant business document—movements into Queensland . . . . . . . . . 15 Division 4 General obligations 131M Obligation of land owner to allow surveillance . . . . . . 15 131N Obligation of land owner to allow treatment of host plant, appliance or other thing . . . . . . . . . . . . . . . . . . 16 131O Obligation of land owner to dispose of or allow disposal of treated host plants . . . . . . . . . . . . . . . . . . 16 131P Restriction on who may dispose of treated host plants in particular circumstances . . . . . . . . . . . . . . . 17 131Q Requirement to treat regrowth of host plants on particular land. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 131R Restriction on planting plants on particular land . . . . 18 Division 5 Requirements and obligations for host plants in affected area 131S Requirement to treat host plants in affected area. . . . 18 131T Obligation of land owner to erect or allow erection of fence or particular sign on land . . . . . . . . . . . . . . . . . 19 131U Prohibition on interfering with particular fences or signs on land in affected area. . . . . . . . . . . . . . . . . . . 20 131V Requirement to treat appliances or other things in affected area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Division 6 Requirement for host plants near affected area 131W Requirement to treat host plants within 500 m of affected area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 4 Amendment of sch 1 (Prescribed pests) . . . . . . . . . . . . . . . . . . . 21 5 Amendment of sch 2 (Notifiable pests) . . . . . . . . . . . . . . . . . . . . 21 6 Insertion of new sch 12B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Schedule 12B Pest quarantine area for canker 7 Amendment of sch 13 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 27

s1 3 s3 Plant Protection Amendment Regulation (No. 4) 2004 No. 204, 2004 1 Short title This regulation may be cited as the Plant Protection Amendment Regulation (No. 4) 2004 . 2 Regulation amended This regulation amends the Plant Protection Regulation 2002. 3 Insertion of new pt 17B After section 131D— insert— ‘Part 17B Canker ‘Division 1 Definitions ‘131E Definitions for pt 17B ‘In this part— affected area means an area that is— (a) in the pest quarantine area; and (b) within 600 m of a place where canker has been found. affected area sign means a sign stating each of the following— (a) the land on which the sign is located is an affected area; (b) that a person entering the land is entering into an affected area; (c) the movement of host plants into, within or out of the affected area is prohibited unless the person entering the land has an inspector’s approval; (d) the movement of an appliance or other thing out of the affected area is prohibited unless the appliance or thing has been treated with an approved disinfectant. Agvet Code means the code set out in the Agricultural and Veterinary Chemicals Code Act 1994 (Cwlth), schedule,

s3 4 s3 Plant Protection Amendment Regulation (No. 4) 2004 No. 204, 2004 applying as a law of Queensland under the Agricultural andVeterinary Chemicals (Queensland) Act 1994 , section 5. 1 approved disinfectant means a bactericidal disinfectant for which a permit under the Agvet Code, part 7, 2 has been issued for treating an appliance or other thing to remove the infestation of canker from the appliance or thing. authorised person means a person authorised by the chief executive to act as. canker means canker as described in schedule 1, part 2, under the heading ‘C. Disorders’. 3 canker direction means an inspector’s direction, under section 13 of the Act that— (a) is in relation to canker; and (b) applies to land other than land within the pest quarantine area. Canker Notice means the Plant Protection (Canker) Notice 2004 . host plant means a plant of the family ‘Rutaceae’. 4 interstate produce number , for an accredited person, means the unique sequence of numbers prefixed by the letter ‘Q’ that is issued by the chief executive to the accredited person to identify the accredited person. non-quarantined area means the part of Queensland that is not— (a) within the pest quarantine area; or 1 Agricultural and Veterinary Chemicals Code Act 1994 (Cwlth), schedule (Agricultural and Veterinary Chemicals Code); AgriculturalandVeterinaryChemicals (Queensland) Act 1994 , section 5 (Application of Agvet Code in this jurisdiction) 2 Agvet Code, part 7 (Permits) 3 Schedule 1 (Prescribed pests), part 2 (Pests associated with plant disease) 4 Under the Act, schedule (Dictionary)— plant means a member of the plant kingdom and includes the seed or seedling of or a part of a plant, whether living or dead and whether attached to a plant but does not include timber in service.

s3 5 s3 Plant Protection Amendment Regulation (No. 4) 2004 No. 204, 2004 (b) the subject of a canker direction. other thing includes any harvester, trailer, harvesting bin, fruit picking bag, pruning or other tool, clothing, footwear, glove or hat. pest quarantine area means the pest quarantine area declared under section 131F. prescribed conditions means— (a) for a consignment of host plants, other than kaffir lime leaves to be used for culinary purposes or the fruit of host plants—all of the following— (i) an inspector or accredited person inspected the host plants in the consignment, before the host plants were treated, in the prescribed way and is reasonably satisfied the host plants are free from any symptoms of canker; (ii) the host plants have been treated, under the supervision of the inspector or accredited person who inspected the host plants in the way mentioned in subparagraph (i)— (A) by using treatment method A; and (B) within 7 days before the host plants were moved from the place where they were grown; (iii) the host plants are accompanied by— (A) if the host plants were inspected, in the way mentioned in subparagraph (i) by an inspector—an inspector’s certificate; or (B) if the host plants were inspected, in the way mentioned in subparagraph (i), by an accredited person—an assurance certificate; (iv) the certificate states the host plants have been inspected and treated in a way that complies with the requirements under subparagraphs (i) and (ii); or (b) for a consignment of kaffir lime leaves to be used for culinary purposes—all of the following—

s3 6 s3 Plant Protection Amendment Regulation (No. 4) 2004 No. 204, 2004 (i) the leaves have been treated, under the supervision of an inspector or an accredited person, by using treatment method B; (ii) the packages in which the leaves are packed have the prescribed matters written on it in the prescribed way; (iii) an inspector or accredited person inspected the leaves and any peduncles, twigs or other parts of a host plant in the consignment, in the prescribed way, after the leaves were treated; (iv) the inspector or accredited person who inspected the leaves in the consignment, in the way mentioned in subparagraph (iii), is reasonably satisfied the leaves, peduncles, twigs or other parts are free from any symptoms of canker; (v) the leaves are accompanied by— (A) if the leaves were inspected, in the way mentioned in subparagraph (iii), by an inspector—an inspector’s certificate; or (B) if the leaves were inspected, in the way mentioned in subparagraph (iii), by an accredited person—an assurance certificate; (vi) the certificate states the leaves have been treated, packed and inspected in a way that complies with the requirements under subparagraphs (i) to (iii); or (c) for a consignment of the fruit of host plants—all of the following— (i) the fruit has been treated, under the supervision of an inspector or an accredited person, by using treatment method C, treatment method D or treatment method E; (ii) the fruit is packed without leaves or twigs of any host plant; (iii) any stem of the host plant attached to the fruit is not longer than 2.5 cm;

s3 7 s3 Plant Protection Amendment Regulation (No. 4) 2004 No. 204, 2004 (iv) the packages in which the fruit is packed have the prescribed matters written on them in the prescribed way; (v) an inspector or accredited person inspected the fruit in the consignment, after it had been treated, in the prescribed way and is reasonably satisfied the fruit is free from any symptoms of canker; (vi) the fruit is accompanied by— (A) if the fruit was inspected, in the way mentioned in subparagraph (v), by an inspector—an inspector’s certificate; or (B) if the fruit was inspected, in the way mentioned in subparagraph (v), by an accredited person—an assurance certificate; (vii) the certificate states the fruit has been treated, packed and inspected in a way that complies with the requirements under subparagraphs (i) to (v). prescribed matters , in relation to kaffir lime leaves that have been packed, or the fruit of a host plant that has been packed, means each of the following— (a) the date or a code identifying the date on which the leaves were, or the fruit was, packed; (b) if the leaves were, or fruit was, packed by or for an accredited person—the interstate produce number for the accredited person; (c) if the leaves were, or fruit was, packed by or for a person other than an accredited person—the name and address of the person for whom the leaves were, or fruit was, packed. prescribed way , for inspecting host plants in a consignment, other than kaffir lime leaves to be used for culinary purposes or the fruit of host plants, means to inspect, under lighting with an illuminance of at least 600 lux— (a) for a consignment that includes 600 host plants or less—every host plant in the consignment; or (b) for a consignment that includes more than 600 host plants—the host plants in the consignment selected at

s3 8 s3 Plant Protection Amendment Regulation (No. 4) 2004 No. 204, 2004 random but in a way that ensures at least 600 host plants in the consignment are inspected. prescribed way , for inspecting kaffir lime leaves to be used for culinary purposes, and any peduncle, twig or other part of a host plant that is attached to, or packed with, the leaves, in a consignment means to inspect, under lighting with an illuminance of at least 600 lux— (a) for a consignment that includes 600 kaffir lime leaves or less— (i) every kaffir lime leaf in the consignment; and (ii) if the kaffir lime leaves are inspected after they have been packed—every peduncle, twig or other part of a host plant attached to, or packed with, the kaffir lime leaves; or (b) for a consignment that includes more than 600 kaffir lime leaves—the kaffir lime leaves in the consignment selected at random but in a way that ensures the following are inspected— (i) at least 600 kaffir lime leaves in the consignment; (ii) if the kaffir lime leaves are inspected after they have been packed—every peduncle, twig or other part of a host plant attached to, or packed with, the 600 kaffir lime leaves mentioned in subparagraph (i); and (b) under lighting with an illuminance of at least 600 lux. prescribed way , for inspecting the fruit of host plants in a consignment, means to inspect, under lighting with an illuminance of at least 600 lux— (a) for a consignment that includes 600 pieces of the fruit—every piece of fruit in the consignment; or (a) for a consignment that includes more than 600 pieces of the fruit—the fruit in the consignment selected at random but in a way that ensures at least 600 pieces of fruit in the consignment are inspected. prescribed way , for writing prescribed matters on a package, means to write the matters on the package—

s3 9 s3 Plant Protection Amendment Regulation (No. 4) 2004 No. 204, 2004 (a) in a legible way; and (b) in permanent ink; and (c) by using characters with a height of at least 5 mm. registered agricultural chemical product means an agricultural chemical product, within the meaning given by the Agvet Code, that has been registered under the Agvet Code, part 2. 5 relevant business document means a document that— (a) contains information about, or that in any way is evidence of, a relevant business movement; and (b) is or forms part of a record relating to the trade or business the subject of the relevant business movement; and (c) was created in the course of the trade or business; and (d) was created— (i) before the day the Canker Notice, section 3, commenced; or (ii) after the day mentioned in subparagraph (i) but before the pest quarantine area stops being a pest quarantine area. 6 relevant business movement means the movement of a host plant within or out of Queensland if— (a) the movement happens after the day the Canker Notice, section 3, commenced; and (b) the movement is for trade or business, but happens before the plant comes into the possession of a consumer. Examples of movement for paragraph (b) — movement to or from a person who wholesales, ripens, packs or distributes fruit, or movement to a person who retails fruit 5 Agvet Code, part 2 (Approvals and registration) 6 Canker Notice, section 3 (Declaration of pest quarantine area). The Canker Notice, section 3, commenced on 2 July 2004.

s 3 10 s 3 Plant Protection Amendment Regulation (No. 4) 2004 No. 204, 2004 treatment method A , for treating a host plant, means to apply a treatment method A product to the whole upper surface of the host plant— (a) in a way that ensures the surface is completely wet; and (b) until the time the spray starts to run off the surface. treatment method A product means a registered agricultural chemical product that contains copper, in the form of copper hydroxide or copper oxychloride, at a concentration of 250g for each 100 L of water. treatment method B , for treating kaffir lime leaves, means— (a) to completely immerse the kaffir lime leaves in a solution that contains peroxyacetic acid at a concentration of 200 parts per million; and (b) to leave the kaffir lime leaves in the solution for at least 1 minute; and (c) to ensure the kaffir lime leaves— (i) are not subjected to artificial drying; and (ii) are not subjected to any other treatment until the leaves are completely dry. treatment method C , for treating the fruit of a host plant, means— (a) to completely wet the fruit with a solution that— (i) contains available chlorine at a concentration of at least 200 parts per million; and (ii) is maintained at a pH level of at least 6.0 but not more than 7.5; and (b) to leave the fruit wet with the solution for at least 2 minutes. treatment method D , for treating the fruit of a host plant, means— (a) to completely wet the fruit with a solution that— (i) contains a treatment method D product at a concentration of 2.0%; and

s 3 11 s 3 Plant Protection Amendment Regulation (No. 4) 2004 No. 204, 2004 (ii) is maintained at a pH level of at least 11.7 but not more than 12.0; and (b) to leave the fruit wet with the solution for at least 1 minute. treatment method D product means a registered agricultural chemical product that contains sodium ortho-phenylphenate tetrahydrate at a concentration of 950 mg/kg. treatment method E , for treating the fruit of a host plant, means— (a) to completely wet the fruit with a solution that contains peroxyacetic acid at a concentration of 200 parts per million; and (b) to ensure the fruit is left wet with the solution for at least 1 minute by either— (i) continuously spraying the fruit with the solution; or (ii) continuously brushing the fruit with the solution; or (iii) immersing the fruit in the solution; and (c) to ensure the fruit— (i) is not subjected to artificial drying; and (ii) is not subjected to any other treatment until the fruit is completely dry. ‘Division 2 Pest quarantine area and objects of quarantine ‘131F Declaration of pest quarantine area ‘(1) The area shown as hachured on the map in schedule 12B is declared to be a pest quarantine area for canker. ‘(2) The exact location of the boundary of the pest quarantine area is held in digital electronic form by the department.

s 3 12 s 3 Plant Protection Amendment Regulation (No. 4) 2004 No. 204, 2004 ‘(3) The information held in digital electronic form can be reduced or enlarged to show the detail of the boundary of the pest quarantine area. ‘(4) The chief executive must— (a) keep the information available for inspection, free of charge, by members of the public; and (b) allow a person to take, free of charge, a copy of the information showing the detail of the boundary of the pest quarantine area. 7 ‘131G Objects of quarantine ‘The objects of the quarantine for the pest quarantine area are— (a) to prevent or control the spread of canker in the pest quarantine area; and (b) to prevent canker being brought into or out of the pest quarantine area; and (c) to control or remove pest infestation of canker in the pest quarantine area; and (d) to prevent the spread of canker in the non-quarantined area. 7 The information may be inspected at, or a copy of the information may be obtained from, the following places during business hours— • the department’s head office at 80 Ann Street, Brisbane • other departmental offices at which an inspector is employed.

s 3 13 s 3 Plant Protection Amendment Regulation (No. 4) 2004 No. 204, 2004 ‘Division 3 Restrictions and obligations relating to movement ‘Subdivision 1 Restrictions on movement ‘131H Restrictions on movement into, within or out of pest quarantine area ‘(1) A person must not move a host plant, or an appliance or other thing that has been in contact with a host plant— (a) into the pest quarantine area; or (b) from a parcel of land in the pest quarantine area to another parcel of land in the area; or (c) out of the pest quarantine area. ‘(2) Subsection (1) does not apply if the person— (a) has an inspector’s approval to move the plant, appliance or other thing; and (b) if the inspector has imposed conditions on the approval—complies with the conditions of the approval. ‘(3) For subsection (2), an inspector may give an approval, with or without conditions, only if the inspector is satisfied the movement of the plant, appliance or thing will not pose a significant risk of— (a) spreading canker in the pest quarantine area; or (b) bringing canker out of the pest quarantine area. ‘131I Restrictions on movement within non-quarantined area or to particular land ‘(1) This section applies to a host plant that is grown on a parcel of land in the non-quarantined area. ‘(2) A person must not move the plant from the parcel of land to— (a) another parcel of land in the non-quarantined area; or (b) a parcel of land that is the subject of a canker direction.

s 3 14 s 3 Plant Protection Amendment Regulation (No. 4) 2004 No. 204, 2004 ‘(3) Subsection (2) does not apply if the person— (a) has an inspector’s approval to move the plant; and (b) if the inspector has imposed conditions on the approval—complies with the conditions of the approval. ‘(4) Also, subsection (2) does not apply to the movement of a consignment of host plants if all the prescribed conditions have been satisfied for the consignment of host plants. ‘(5) For subsection (3), an inspector may give an approval, with or without conditions, only if the inspector is satisfied the movement of the host plants will not pose a significant risk of spreading canker in Queensland. ‘131J Restrictions on movement into Queensland ‘(1) A person must not move a host plant into Queensland. ‘(2) Subsection (1) does not apply if the person— (a) has an inspector’s approval to move the plant; and (b) if the inspector has imposed conditions on the approval—complies with the conditions of the approval. ‘(3 For subsection (2), an inspector may give an approval, with or without conditions, only if the inspector is satisfied the movement of the host plant will not pose a significant risk of spreading canker in Queensland. ‘Subdivision 2 Obligation to keep particular documents relating to movement of host plants ‘131K Obligation to keep relevant business document—movements within Queensland ‘(1) This section applies if— (a) a person ( person A ) has given a relevant business document to another person ( person B ); and (b) the relevant business document relates to the movement of a host plant within Queensland.

s 3 15 s 3 Plant Protection Amendment Regulation (No. 4) 2004 No. 204, 2004 ‘(2) If the relevant business document relates to the movement of a host plant, other than the fruit of a host plant— (a) person A must keep a copy of the relevant business document for 1 year after the movement happens; and (b) person B must keep the relevant business document, or a complete copy of the document, for 1 year after the movement happens. ‘(3) If the relevant business document relates to the movement of the fruit of a host plant, person B must keep the relevant business document, or a complete copy of the document, for 1 year after the movement happens. ‘131L Obligation to keep relevant business document—movements into Queensland ‘(1) This section applies if— (a) a person ( person A ) has given a relevant business document to another person ( person B ); and (b) the relevant business document relates to the movement of a host plant into Queensland. ‘(2) Person B must keep the relevant business document, or a complete copy of the document, for 1 year after the movement happens. ‘Division 4 General obligations ‘131M Obligation of land owner to allow surveillance ‘(1) This section applies if an inspector requires an owner of land in the pest quarantine area to allow an inspector to carry out surveillance on the land to look for and monitor the spread of canker. ‘(2) The owner must not refuse to allow the inspector to carry out the surveillance. ‘(3) Without limiting subsection (1), an inspector may carry out surveillance on the land by taking a sample of a host plant on

s 3 16 s 3 Plant Protection Amendment Regulation (No. 4) 2004 No. 204, 2004 the land and testing it, or having another person test it, on the land or at another place. ‘(4) When making the requirement, the inspector must give the person an offence warning. ‘(5) In this section— land does not include premises in which a person resides. ‘131N Obligation of land owner to allow treatment of host plant, appliance or other thing ‘(1) This section applies if an inspector requires an owner of land within the pest quarantine area to allow an inspector or an authorised person to treat a host plant, appliance or other thing on the land. ‘(2) The owner must not refuse to allow the inspector or authorised person to carry out the treatment. ‘(3) When making the requirement, the inspector must give the person an offence warning. ‘131O Obligation of land owner to dispose of or allow disposal of treated host plants ‘(1) This section applies if— (a) a host plant on land within the pest quarantine area has been treated under section 131N or 131S; and (b) an inspector requires the owner of the land to— (i) dispose of the plant in a particular way; or (ii) allow an inspector or an authorised person to burn or otherwise dispose of the plant on the land. ‘(2) If subsection (1)(b)(i) applies, the owner of the land must, as soon as reasonably practicable after the inspector makes the requirement, dispose of the plant— (a) in the way required by the inspector; and (b) under the supervision of the inspector.

s 3 17 s 3 Plant Protection Amendment Regulation (No. 4) 2004 No. 204, 2004 ‘(3) If subsection (1)(b)(ii) applies, the owner of the land must not refuse to allow the inspector or authorised person to burn or dispose of the plant. ‘(4) When making the requirement, the inspector must give the person an offence warning. ‘131P Restriction on who may dispose of treated host plants in particular circumstances ‘(1) This section applies if an inspector has required, in the way mentioned in section 131O, the owner of land in the pest quarantine area to allow an inspector or an authorised person to burn or otherwise dispose of a host plant on the land. ‘(2) The owner of the land must not, without an inspector’s approval— (a) burn or otherwise dispose of the plant; or (b) allow another person, other than the inspector or authorised person, to burn or otherwise dispose of the plant. ‘(3) For subsection (2), an inspector may give an approval only if the inspector is satisfied that— (a) allowing the owner or other person to burn or otherwise dispose of the plant will not pose a significant risk of spreading canker in Queensland; and (b) if the plant is to be moved for the purpose of burning or otherwise disposing of it—the movement of the plant will not pose a significant risk of spreading canker in Queensland. ‘131Q Requirement to treat regrowth of host plants on particular land ‘(1) This section applies if— (a) a host plant on land within the pest quarantine area has been treated under section 131N or 131S; and (b) the owner of the land becomes aware of any regrowth of the plant.

s 3 18 s 3 Plant Protection Amendment Regulation (No. 4) 2004 No. 204, 2004 ‘(2) The owner must immediately treat the regrowth by using glyphosate herbicide. ‘(3) Also, the owner must— (a) give an inspector oral or written notice of the regrowth within 24 hours; and (b) if the notice under paragraph (a) was oral—confirm the notice by written notice to the chief executive within 7 days. ‘131R Restriction on planting plants on particular land ‘(1) This section applies if a host plant on land within the pest quarantine area has been burnt or otherwise disposed of under section 131O or 131P. ‘(2) The owner of the land must not, without an inspector’s approval— (a) plant another host plant on the land within 2 years after the host plant was burnt or otherwise disposed of; or (b) plant a plant, other than a host plant, within 6 months after the host plant was burnt or otherwise disposed of. ‘(3) For subsection (2), an inspector may give the approval only if the inspector is satisfied that planting the plant will not pose a significant risk of spreading or re-introducing canker in Queensland. ‘Division 5 Requirements and obligations for host plants in affected area ‘131S Requirement to treat host plants in affected area ‘(1) This section applies if an inspector has notified an owner of land, on which a host plant is grown, that the land is in an affected area. ‘(2) The owner must immediately treat the plant by spraying it with a copper-based chemical.

s 3 19 s 3 Plant Protection Amendment Regulation (No. 4) 2004 No. 204, 2004 ‘(3) Subsection (2) does not apply if the owner has an inspector’s approval that the treatment does not have to be given. ‘(4) For subsection (3), an inspector may give an approval only if the inspector is satisfied that not treating the host plant will not pose a significant risk of spreading canker in Queensland. ‘131T Obligation of land owner to erect or allow erection of fence or particular sign on land ‘(1) This section applies if— (a) a host plant on land within an affected area has been treated under section 131N or 131S; and (b) an inspector requires the owner of the land— (i) to erect before a stated day or time— (A) a stated type of temporary fence around the boundary of the land; or (B) a temporary affected area sign, on the land, on or near any part of the boundary; or (ii) to allow an inspector or an authorised person to erect— (A) a temporary fence around the boundary of the land; or (B) a temporary affected area sign, on the land, on or near any part of the boundary. ‘(2) If subsection (1)(b)(i) applies, the owner of the land must erect the stated type of fence or affected area sign before the stated date or time. ‘(3) If subsection (1)(b)(ii) applies, the owner of the land must not refuse to allow the inspector or authorised person to erect the fence or affected area sign. ‘(4) When making the requirement, the inspector must give the owner an offence warning.

s 3 20 s 3 Plant Protection Amendment Regulation (No. 4) 2004 No. 204, 2004 ‘131U Prohibition on interfering with particular fences or signs on land in affected area ‘(1) This section applies if a person has, under section 131T, placed— (a) a fence around the boundary of land within an affected area; or (b) an affected area sign on or near any part of the boundary of land in an affected area. ‘(2) A person must not interfere with the fence or sign. ‘(3) Subsection (2) does not apply to a person removing the fence or sign if the person has an inspector’s approval to remove the fence or sign. ‘(4) For subsection (3), an inspector may give an approval only if the inspector is satisfied that the movement of a host plant, appliance or other thing into or out of the affected area will not pose a significant risk of spreading or re-introducing canker in the area. ‘(5) In this section— interfere , with a fence or an affected area sign, includes— (a) generally—to damage, destroy or remove the fence or sign or any part of the fence or sign; and (b) for an affected area sign—to cover, erase or modify anything written on the sign. ‘131V Requirement to treat appliances or other things in affected area ‘(1) This section applies if an inspector has notified an owner of land, on which a host plant is grown, that the land is in an affected area. ‘(2) The owner must treat an appliance or other thing on the land— (a) by using an approved disinfectant; and (b) before the appliance or thing is moved out of the affected area.

s 4 21 s 5 Plant Protection Amendment Regulation (No. 4) 2004 No. 204, 2004 ‘(3) Subsection (2) does not apply if the owner has an inspector’s approval that the treatment does not have to be given. ‘(4) For subsection (3), an inspector may give the approval only if the inspector is satisfied that not treating the appliance or other thing will not pose a significant risk of spreading canker in Queensland. ‘Division 6 Requirement for host plants near affected area ‘131W Requirement to treat host plants within 500 m of affected area ‘(1) This section applies if an inspector has notified an owner of land, on which a host plant is grown, that the land is within 500 m of, but not in, an affected area. ‘(2) The owner must treat the plant, by spraying it with a copper-based chemical— (a) immediately after the notification is given; and (b) every fortnight after the day the notification is given. ‘(3) Subsection (2) does not apply if the owner has an inspector’s approval that the treatment does not have to be given. ‘(4) For subsection (3), the inspector may give the approval only if the inspector is satisfied that not treating the plant will not pose a significant risk of spreading canker in Queensland. 4 Amendment of sch 1 (Prescribed pests) Schedule 1, part 2, under the heading ‘A. Organisms’, under the heading ‘Bacteria’, entry for Xyella fastidiosa, ‘Xyella’— omit, insert — ‘ Xylella ’. 5 Amendment of sch 2 (Notifiable pests) (1) Schedule 2, part 1—

s 5 22 s 5 Plant Protection Amendment Regulation (No. 4) 2004 No. 204, 2004 insert — ‘khapra beetle melon fly Oriental fruit fly papaya fruit fly Philippine fruit fly sugarcane borer Trogoderma granarium Everts Bactrocera cucurbitae (Coquillett) Bactrocera dorsalis (Hendel) Bactrocera papayae Drew and Hancock Bactrocera philippinensis Drew and Hancock Sesamia spp.’. (2) Schedule 2, part 2, under the heading ‘A. Organisms’, immediately after the heading— insert — ‘ Nematodes ‘Globodera pallida (Stone) Behrens (abbreviated name—potato cyst nematode) Globodera rostochiensis (Wollenweber) Behrens (abbreviated name—golden nematode)’. (3) Schedule 2, part 2, under the heading ‘A. Organisms’, under the heading ‘Bacteria’— insert— ‘Clavibacter michiganensis subsp. sepedonicus (Spiek and Kotth.) Davies et al Erwinia amylovora (Burrill) Winslow et al (abbreviated name—fire blight) “Liberobacter asiatica” Jagoueix et al Xanthomonas axonopodis pv. citri (Hasse) Vauterin Xylella fastidiosa Wells et al’. (4) Schedule 2, part 2, under the heading ‘A. Organisms’, under the heading ‘Fungi’— insert — ‘ Peronosclerospora sacchari (T. Miyake) Shirai and K. Hara Tilletia indica Mitra’.

s 5 23 s 5 Plant Protection Amendment Regulation (No. 4) 2004 No. 204, 2004 (5) Schedule 2, part 2, under the heading ‘B. Viruses and viroids’, under the heading ‘Viruses’— insert — ‘ Plum pox virus ’. (6) Schedule 2, part 2, under the heading ‘C. Disorders’, columns 1 and 2— omit, insert — ‘ Disorder Description Common or abbreviated names bacterial wilt of banana plants bacterial wilt of grape plants blight of regulated fire blight host plants Bacterial wilt, as described in schedule 1, part 2, under the heading ‘C. Disorders’, caused by— • Ralstonia solanacearum (E. F. Smith) Yabuuchi et al ; or • “Pseudomonas celebensis” = banana blood disease bacterium (uncharacterised). Bacterial wilt, as described in schedule 1, part 2, under the heading ‘C. Disorders’, caused by Xylella fastiodiosa Wells et al Blight, as described in schedule 1, part 2, under the heading ‘C. Disorders’, caused by Erwinnia amylovora (Burrill) Winslow et al (abbreviated name—fire blight) bacterial wilt of bananas banana blood disease banana disease bugtok banana moko disease Pierce’s disease fire blight

s 5 24 s 5 Plant Protection Amendment Regulation (No. 4) 2004 No. 204, 2004 blight of potato plants canker of citrus plants downy mildew of sugarcane plants fusurial wilt of banana plants mosaic (mottles or yellows) of banana plants—banana bunchy top virus Blight, as described in schedule 1, part 2, under the heading ‘C. Disorders’, caused by Clavibacter michiganensis subsp. sepedonicus (Spiek and Kotth.) Davies et al . Canker, as described in schedule 1, part 2, under the heading ‘C. Disorders’, caused by Xanthomonas axonopodis pv. citri (Hasse) Vauterin Downy mildew, as described in schedule 1, part 2, under the heading ‘C. Disorders’, caused by Peronosclerospora sacchari (T. Miyake) Shirai and K. Hara Fusurial wilt, as described in schedule 1, part 2, under the heading ‘C. Disorders’, caused by Fusarium oxysporum Schltdl. Fr. F. sp. cubense (E.F. Smith) W.C. Snyder and H.N. Hansen Mosaic (mottles or yellows), as described in schedule 1, part 2, under the heading ‘C. Disorders’, caused by Banana bunchy top virus (abbreviated name—banana bunchy top) potato ring rot citrus canker sugarcane downey mildew fusurial wilt of banana banana disease Panama banana bunchy top disease

s 5 25 s 5 Plant Protection Amendment Regulation (No. 4) 2004 No. 204, 2004 mosaic (mottles or yellows) of banana plants—banana bract mosaic disease mosaic (mottles or yellows) of citrus plants mosaic (mottles or yellows) of stonefruit plants mosaic (mottles or yellows) of sugarcane plants smut of prescribed cereal crop plants Mosaic (mottles or yellows), as described in schedule 1, part 2, under the heading ‘C. Disorders’, caused by Banana bract mosaic virus (abbreviated name—banana bract mosaic) Mosaic (mottles or yellows), as described in schedule 1, part 2, under the heading ‘C. Disorders’, caused by "Liberobcter asiatica" Jagouix et al . Mosaic (mottles or yellows), as described in schedule 1, part 2, under the heading ‘C. Disorders’, caused by plum pox virus . Mosaic (mottles or yellows), as described in schedule 1, part 2, under the heading ‘C. Disorders’, caused by sugarcane Fiji disease virus . Smut, as described in schedule 1, part 2, under the heading ‘C. Disorders’, caused by Tilletia indica Mitra banana bract mosaic disease citrus greening Huanglongbing plum pox virus sugarcane disease Fiji virus Fiji Karnal bunt

s 6 26 s 6 Plant Protection Amendment Regulation (No. 4) 2004 No. 204, 2004 smut of sugarcane plants spot of banana plants Smut, as described in schedule 1, part 2, under the heading ‘C. Disorders’, caused by Ustilago scitaminea Syd. (abbreviated name— sugarcane smut) Spot, as described in schedule 1, part 2, under the heading ‘C. Disorders’, caused by Mycosphaerella fijiensis M. Morelet (anamorph Paracercospora fijiensis (M. Morelet) Deighton) sugarcane smut banana black Sigatoka disease spot’. 6 Insertion of new sch 12B After schedule 12A— insert —

s 7 27 s 7 Plant Protection Amendment Regulation (No. 4) 2004 No. 204, 2004 ‘Schedule 12B Pest quarantine area for canker section 131F 7 Amendment of sch 13 (Dictionary) (1) Schedule 13, definitions treatment method A, treatment method B, treatment method C and treatment method D— omit. (2) Schedule 13— insert —

s 7 28 s 7 Plant Protection Amendment Regulation (No. 4) 2004 No. 204, 2004 ‘ affected area , for part 17B, see section 131E. affected area sign , for part 17B, see section 131E. Agvet Code , for part 17B, see section 131E. approved disinfectant , for part 17B, see section 131E. canker , for part 17B, see section 131E. canker direction , for part 17B, see section 131E. Canker Notice , for part 17B, see section 131E. citrus plant means a plant of the family ‘Rutaceae. 8 interstate produce number , for part 17B, see section 131E. non-quarantined area , for part 17B, see section 131E. other thing , for part 17B, see section 131E. potato plant means a plant of the species Solanum tuberosum L . (common name—potato). prescribed cereal crop plant means each of the following— (a) a plant of the species Secale cereale (common name—rye); (b) a plant of the species Triticum aestivum (common name—wheat); (c) a plant that is a hybrid of a plant mentioned in paragraph (a) and a plant mentioned in paragraph (b) ( Tricitium X Secale ). prescribed conditions , for part 17B, see section 131E. prescribed matters , for part 17B, see section 131E. prescribed way , for part 17B, see section 131E. registered agricultural chemical product , for part 17B, see section 131E. relevant business document , for part 17B, see section 131E. 8 Under the Act, schedule (Dictionary)— plant means a member of the plant kingdom and includes the seed or seedling of or a part of a plant, whether living or dead and whether attached to a plant but does not include timber in service.

s 7 29 s 7 Plant Protection Amendment Regulation (No. 4) 2004 No. 204, 2004 relevant business movement , for part 17B, see section 131E. stone fruit plant means a plant of the species Prunus spp. treatment method A — (a) for part 5—see schedule 5, item 1; or (b) for part 17B—see section 131E. treatment method A product , for part 17B, see section 131E. treatment method B — (a) for part 5—see schedule 5, item 2; or (b) for part 17B—see section 131E. treatment method C — (a) for part 5—see schedule 5, item 3; or (b) for part 17B—see section 131E. treatment method D — (a) for part 5—see schedule 5, item 4; or (b) for part 17B—see section 131E. treatment method D product , for part 17B, see section 131E. treatment method E , for part 17B, see section 131E.’. (3) Schedule 13, definition authorised person — insert — ‘(e) for part 17B—see section 131E.’. (4) Schedule 13, definition host plant— insert — ‘(d) for part 17B—see section 131E.’. (5) Schedule 13, definition offence warning , ‘, without reasonable excuse,’— omit. (6) Schedule 13, definition pest quarantine area — insert — ‘(p) for part 17B—see section 131E.’.

30 Plant Protection Amendment Regulation (No. 4) 2004 No. 204, 2004 ENDNOTES 1 Made by the Governor in Council on 30 September 2004. 2 Notified in the gazette on 1 October 2004. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Primary Industries and Fisheries. © State of Queensland 2004