Plant Protection (Canker) Quarantine Amendment Notice (No. 1) 2004 (Qld)

Queensland Plant Protection (Canker) Quarantine Amendment Notice (No. 1) 2004 Subordinate Legislation 2004 No. 124 made under the Plant Protection Act 1989 Contents 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Notice amended. . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Insertion of new pt 1, hdg . . . . . . . . . . . . . . . . . 3 4 Amendment of s 2 (Definitions) . . . . . . . . . . . . . 3 5 Insertion of new pt 2, hdg . . . . . . . . . . . . . . . . . 4 6 Insertion of new pt 3, hdg . . . . . . . . . . . . . . . . . 4 7 Insertion of new of pt 4 and pt 5, hdg . . . . . . . . 4 5A Obligation of land owner to allow surveillance and examination . . . . . . . . 4 5B Obligation of land owner to allow treatment of host plant, appliance or other thing . . . . . . . . . . . . . . . . . . . . 5 8 Amendment of s 6 (Requirement to treat host plants in affected area) . . . . . . . . . . . . . . . . . . . 5 9 Insertion of new ss 6A and 6B . . . . . . . . . . . . . . 5 6A Obligation to allow disposal of treated host plants in affected area . . . . . . . . . . 5 6B Restriction on who may dispose of treated host plants in affected area. . . . 6

2 Plant Protection (Canker) Quarantine Amendment No. 124, 2004 Notice (No. 1) 2004 10 Replacement of s 7 (Requirement to treat regrowth of host plants in affected area) . . . . . . 6 7 Requirement to treat regrowth of host plants in affected area. . . . . . . . . . . . . . 6 11 Insertion of new pt 6, hdg . . . . . . . . . . . . . . . . . 7

s1 3 s4 Plant Protection (Canker) Quarantine Amendment No. 124, 2004 Notice (No. 1) 2004 1 Short title This notice may be cited as the Plant Protection (Canker) Quarantine Amendment Notice (No. 1) 2004 . 2 Notice amended This notice amends the Plant Protection (Canker) Quarantine Notice 2004. 3 Insertion of new pt 1, hdg Before section 1— insert — ‘Part 1 Preliminary ’. 4 Amendment of s 2 (Definitions) (1) Section 2— insert — ‘ authorised person means a person authorised by the chief executive. offence warning , for a requirement under this notice, means a warning that it is an offence for the person to whom the requirement is given, or of whom it is made, not to comply with it. 1 ’. (2) Section 2, definition host plant , ‘Rutaceae.’— omit, insert — ‘Rutaceae. 2 ’. 1 See section 11(10) (Pest quarantine area) of the Act 2 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.

s5 4 s7 Plant Protection (Canker) Quarantine Amendment No. 124, 2004 Notice (No. 1) 2004 5 Insertion of new pt 2, hdg After section 2— insert — ‘Part 2 Pest quarantine area and objects of quarantine ’. 6 Insertion of new pt 3, hdg After section 4— insert — ‘Part 3 Restrictions on movement ’. 7 Insertion of new of pt 4 and pt 5, hdg After section 5— insert — ‘Part 4 General obligations ‘5A Obligation of land owner to allow surveillance and examination ‘(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, or to examine a host plant 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 or examination. ‘(3) Without limiting subsection (1), an inspector may examine a host plant on the land by taking a sample of the host plant 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.

s8 5 s9 Plant Protection (Canker) Quarantine Amendment No. 124, 2004 Notice (No. 1) 2004 ‘(5) In this section— land does not include premises in which a person resides. ‘5B 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. ‘Part 5 Requirements and obligations for host plants in affected area ’. 8 Amendment of s 6 (Requirement to treat host plants in affected area) Section 6(2)— omit, insert — ‘(2) The owner must immediately treat the plant by spraying it with a copper-based chemical.’. 9 Insertion of new ss 6A and 6B After section 6— insert — ‘6A Obligation to allow disposal of treated host plants in affected area ‘(1) This section applies if—

s 10 6 s 10 Plant Protection (Canker) Quarantine Amendment No. 124, 2004 Notice (No. 1) 2004 (a) a host plant on land within an affected area has been treated under section 5B or 6; and (b) an inspector requires the owner of the land to allow an inspector or an authorised person to burn or otherwise dispose of the plant on the land. ‘(2) The owner of the land must not refuse to allow the inspector or authorised person to burn or dispose of the plant. ‘(3) When making the requirement, the inspector must give the person an offence warning. ‘6B Restriction on who may dispose of treated host plants in affected area ‘(1) This section applies if a host plant on land within an affected area has been treated under section 5B or 6. ‘(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 an inspector or an authorised person, to burn or otherwise dispose of the plant.’. 10 Replacement of s 7 (Requirement to treat regrowth of host plants in affected area) Section 7— omit, insert — ‘7 Requirement to treat regrowth of host plants in affected area ‘(1) This section applies if— (a) a host plant on land within an affected area has been treated under section 5B or 6; and (b) the owner of the land becomes aware of any regrowth of the plant. ‘(2) The owner must immediately treat the regrowth by using glyphosate herbicide.

s 11 7 s 11 Plant Protection (Canker) Quarantine Amendment No. 124, 2004 Notice (No. 1) 2004 ‘(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.’. 11 Insertion of new pt 6, hdg After section 9— insert — ‘Part 6 Requirement for host plants near affected area’. ENDNOTES 1. Made by the Minister for Primary Industries and Fisheries on 8 July 2004. 2. Notified in the gazette on 8 July 2004. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Primary Industries and Fisheries. © State of Queensland 2004 Authorised by the Parliamentary Counsel and printed by the Government Printer