Plant Protection (Canker) Quarantine Amendment Notice (No. 2) 2004 (Qld)

Queensland Plant Protection (Canker) Quarantine Amendment Notice (No. 2) 2004 Subordinate Legislation 2004 No. 133 made under the Plant Protection Act 1989 Contents 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Notice amended. . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Amendment of s 1 (Short title) . . . . . . . . . . . . . . 3 4 Amendment of s 2 (Definitions) . . . . . . . . . . . . . 3 5 Amendment of s 4 (Objects of quarantine) . . . . 5 6 Replacement of pt 3, hdg. . . . . . . . . . . . . . . . . . 5 Part 3 Restrictions and obligation relating to movement 7 Amendment of s 5 (Restrictions on movement) . 5 8 Insertion of new s 5AA and pt 3, div 2 . . . . . . . . 5 5AA Restrictions on movement within non-quarantined area or to particular land . . . . . . . . . . . . . . . . . . . . . . . 6 Division 2 Obligation to keep documents relating to movement of host plants 5AB Obligation to keep documents relating to movement of host plants . . . . . . . . . . 6

2 Plant Protection (Canker) Quarantine Amendment No. 133, 2004 Notice (No. 2) 2004 9 Amendment of s 5A (Obligation of land owner to allow surveillance and examination) . . . . . . . 7 10 Amendment of s 6 (Requirement to treat host plants in affected area) . . . . . . . . . . . . . . . . . . . 7

s1 3 s4 Plant Protection (Canker) Quarantine Amendment No. 133, 2004 Notice (No. 2) 2004 1 Short title This notice may be cited as the Plant Protection (Canker) Quarantine Amendment Notice (No. 2) 2004 . 2 Notice amended This notice amends the Plant Protection (Canker) Quarantine Notice 2004. 3 Amendment of s 1 (Short title) Section 1, ‘Quarantine’— omit . 4 Amendment of s 2 (Definitions) Section 2— insert — ‘ 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. non-quarantined area means the part of Queensland that is not— (a) within the pest quarantine area; or (b) the subject of a canker direction. prescribed conditions , for the fruit of a host plant, means each of the following— (a) the fruit has been treated, under the supervision of an inspector or an accredited person, by using treatment method A or treatment method B; (b) the fruit is packed without peduncles and leaves;

s4 4 s4 Plant Protection (Canker) Quarantine Amendment No. 133, 2004 Notice (No. 2) 2004 (c) an inspector or accredited person inspected the fruit, after it has been treated, and is reasonably satisfied the fruit is free from canker; (d) the fruit is accompanied by— (i) if the fruit was inspected, in the way mentioned in paragraph (c), by an inspector—an inspector’s certificate; or (ii) if the fruit was inspected, in the way mentioned in paragraph (c), by an accredited person—an assurance certificate; (e) the certificate states the fruit has been treated, packed and inspected in a way that complies with the requirements under paragraphs (a) to (c). treatment method A , for treating the fruit of a host plant, means— (a) to completely wet the fruit with a solution that— (i) contains free chlorine that is available at a concentration level of at least 200 parts per million; and (ii) is maintained at a pH level of 6.0 to 7.5; and (b) to leave the fruit wet with the solution for at least 2 minutes. treatment method B , for treating the fruit of a host plant, means— (a) to completely wet the fruit with a solution that— (i) contains sodium ortho-phenylphenate tetrahydrate at a concentration level of at least 1.86% but not more than 2.0%; and (ii) is maintained at a pH level of 12.0; and (b) to leave the fruit wet with the solution for at least— (i) if the solution has sufficient soap or detergent to cause foam to appear—45 seconds; or (ii) otherwise—1 minute.’.

s5 5 s8 Plant Protection (Canker) Quarantine Amendment No. 133, 2004 Notice (No. 2) 2004 5 Amendment of s 4 (Objects of quarantine) Section 4— insert — ‘(d) to prevent the spread of canker in the non-quarantined area.’. 6 Replacement of pt 3, hdg Part 3, heading— omit, insert — ‘Part 3 Restrictions and obligation relating to movement ‘Division 1 Restrictions on movement’. 7 Amendment of s 5 (Restrictions on movement) (1) Section 5, heading, after ‘movement’— insert — ‘ into, within or out of pest quarantine area ’. (2) Section 5(1)(a) and (b)— renumber as section 5(1)(b) and (c). (3) Section 5(1)— insert — ‘(a) into the pest quarantine area; or’. 8 Insertion of new s 5AA and pt 3, div 2 After section 5— insert —

s8 6 s8 Plant Protection (Canker) Quarantine Amendment No. 133, 2004 Notice (No. 2) 2004 ‘5AA 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, on or after 20 July 2004, 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. ‘(3) 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. ‘(4) Also, subsection (1) does not apply to the movement of the fruit of a host plant if— (a) an inspector has given the owner of the parcel of land on which the fruit was grown a written notice stating the inspector is reasonably satisfied the parcel of land is free from canker; or (b) all the prescribed conditions have been satisfied for the fruit. ‘(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 plant will not pose a significant risk of spreading canker in Queensland. ‘Division 2 Obligation to keep documents relating to movement of host plants ‘5AB Obligation to keep documents relating to movement of host plants ‘(1) This section applies if a person moves, after the commencement of this section, a host plant that was grown on a parcel of land in Queensland to— (a) another parcel of land in Queensland; or

s 9 7 s 10 Plant Protection (Canker) Quarantine Amendment No. 133, 2004 Notice (No. 2) 2004 (b) out of Queensland. ‘(2) The owner of the parcel of land from which the plant is moved must keep a copy of any relevant movement document for the movement for at least 1 year after the host plant is moved from the land. ‘(3) In this section— relevant movement document , for a movement of a host plant, means the following— (a) a document that relates to the movement; (b) if the movement is for a sale of the plant—a document that relates to the sale.’. 9 Amendment of s 5A (Obligation of land owner to allow surveillance and examination) (1) Section 5A, heading ‘and examination’— omit . (2) Section 5A(1), from ‘, or to’ to ‘the land,’— omit . (3) Section 5A(2), ‘or examination’— omit . (4) Section 5A(3)— omit, insert— ‘(3) Without limiting subsection (1), an inspector may carry out surveillance on the land by taking a sample of a host plant on the land and testing it, or having another person test it, on the land or at another place.’. 10 Amendment of s 6 (Requirement to treat host plants in affected area) Section 6(4)— omit .

8 Plant Protection (Canker) Quarantine Amendment No. 133, 2004 Notice (No. 2) 2004 ENDNOTES 1. Made by the Minister for Primary Industries and Fisheries on 16 July 2004. 2. Notified in the gazette on 16 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