Plant Protection (Sugarcane Smut) Quarantine Notice 1998 (Qld)

Queensland Subordinate Legislation 1998 No. 222 Plant Protection Act 1989 PLANT PROTECTION (SUGARCANE SMUT) NOTICE 1998 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Pest declaration—Act, s 4(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Pest quarantine area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Objects of quarantine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Restricting entry of pests, plants, soil and appliances etc. . . . . . . . . . . . . . 3 7 Restricting use of appliances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 8 Restricting sale of appliances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 6 HOST PLANTS

s1 2 s2 Plant Protection (Sugarcane Smut) Quarantine No. 222, 1998 ˙ Short title 1. This notice may be cited as the Plant Protection (Sugarcane Smut) Quarantine Notice 1998 . 1 ˙ Definitions 2. In this notice— “appliance” see section 3(1) of the Act. 2 “clearance certificate” , for an appliance, means a certificate— (a) issued by an inspector of the department of government of Western Australia that deals with agricultural matters; and (b) stating that after its last contact with a host plant, or the last time it was on a parcel of land where a host plant was growing, all visible plant material, sugarcane smut spores and soil were removed from the appliance by— (i) disassembling it (if necessary; and (ii) steam cleaning or washing it with water and detergent mixture under high pressure. “Director” means the Director of Sugar Experiment Stations employed under section 70 of the Sugar Industry Act 1991 . 3 “host plant” means a plant mentioned in the schedule. “Ord Irrigation District” means the Ord Irrigation District in Western Australia constituted as an irrigation district under section 28(1) of the Rights in Water and Irrigation Act 1914(WA). 1 This notice remains in force until whichever of the following first happens— (a) the commencement of a replacement regulation; (b) the end of 21 days: see section 4(2) and 11(9) of the Act. 2 Section 3 (Definitions) of the Act— “appliance” includes any vehicle, machinery, equipment or apparatus of any kind. 3 Section 70 (Director and staff) Sugar Industry Act 1991 .

s3 3 s6 Plant Protection (Sugarcane Smut) Quarantine No. 222, 1998 “pest quarantine area” means the pest quarantine area declared under section 4. “sugarcane plant” means a plant of the genus Saccharum . ˙ Pest declaration—Act, s 4(2) 3. The undeclared pest Ustilago scitaminea Syd., commonly known as sugarcane smut, is declared to be a pest for the Act. ˙ Pest quarantine area 4. The whole of Queensland is declared to be a pest quarantine area. ˙ Objects of quarantine 5. The objects of the quarantine are— (a) to prevent the entry into Queensland of the sugarcane smut pest; and (b) to restrict the entry into Queensland, and the use and sale in Queensland, of appliances that may spread the sugarcane smut pest. ˙ Restricting entry of pests, plants, soil and appliances etc. 6.(1) A person must not, without an inspector’s written approval, introduce into the pest quarantine area— (a) sugarcane smut; or (b) a plant infested with sugarcane smut; or (c) a host plant from Western Australia or the Northern Territory; or (d) soil from a parcel of land in the Ord Irrigation District where a host plant was growing; or (e) any appliance, clothing or footwear that has been in contact with a host plant, or on a parcel of land where a host plant was growing, in the Ord Irrigation District.

s7 4 s7 Plant Protection (Sugarcane Smut) Quarantine No. 222, 1998 (2) Subsection (1)(e) does not apply to— (a) an appliance if it is accompanied by a clearance certificate; and (b) if the appliance is intended to be used on a parcel of land in Queensland being prepared to plant a host plant or where a host plant is growing—the person introducing it notifies the Director, as soon as practicable before it is introduced, of— (i) the date and place of entry into Queensland; and (ii) a place in Queensland where the appliance may be examined by an inspector; or (c) clothing or footwear if, after its last contact with a host plant or the last time it was on a parcel of land where a host plant was growing— (i) the clothing was washed for not less than 10 minutes in a water and detergent mixture at a temperature of not less than 60°C; and (ii) the footwear was cleaned of sugarcane smut spores and soil by washing with a water and detergent mixture. ˙ Restricting use of appliances 7.(1) This section applies to a person who uses an appliance in the pest quarantine area on a parcel of land— (a) being prepared for planting a host plant; or (b) where a host plant is growing. (2) The person must not, without an inspector’s written approval, use an appliance on the land if the appliance— (a) is of a type normally used to transport or farm sugarcane plants; and (b) has, within 1 year before its use in the pest quarantine area, been— (i) in contact with a host plant in the Ord Irrigation District; or (ii) on a parcel of land where a host plant was growing in the district.

s8 5 s8 Plant Protection (Sugarcane Smut) Quarantine No. 222, 1998 ˙ Restricting sale of appliances 8. A person must not, without an inspector’s written approval, sell an appliance in the pest quarantine area if the appliance— (a) is of a type normally used to transport or farm sugarcane plants; and (b) has, within 1 year before the sale, been— (i) in contact with a host plant in the Ord Irrigation District; or (ii) on a parcel of land where a host plant was growing in the district.

6 Plant Protection (Sugarcane Smut) Quarantine No. 222, 1998 ¡ SCHEDULE HOST PLANTS section 2, definition “host plant” PART 1—HOST PLANTS WITH COMMON NAME Scientific name Imperata cylindrica ( Syn. Imperata arundinacea ) Rottboellia cochinchinensis Saccharum edule Saccharum giganteum ( Syn. Erianthus saccharoides ) Saccharum (interspecific hybrids) Saccharum officinarum Saccharum sinense Saccharum spontaneum Common name blady grass itch grass pit pit giant plume grass or sugarcane plume grass sugarcane sugarcane Uba cane or Japanese cane wild cane or pit pit PART 2—HOST PLANTS WITHOUT COMMON NAME Scientific name Saccharum barberi Saccharum robustum

7 Plant Protection (Sugarcane Smut) Quarantine No. 222, 1998 ENDNOTES 1. Made by the Minister for Primary Industries on 4 August 1998. 2. Notified in the gazette on 4 August 1998. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Primary Industries. © State of Queensland 1998