Plant Quarantine Regulations 1998 (TAS)

Plant Quarantine Regulations 1998

I, the Lieutenant-Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Plant Quarantine Act 1997 .30 June 1998

W. J. E. COX

Lieutenant-Governor

By His Excellency’s Command,

B. BONDE

Minister for Primary Industry and Fisheries

PART 1Preliminary1Short titleThese regulations may be cited as the Plant Quarantine Regulations 1998 . 2CommencementThese regulations take effect on 1 July 1998. 3InterpretationIn these regulations – Act means the Plant Quarantine Act 1997 ; Plant Quarantine Manual (Tasmania) means the Plant Quarantine Manual (Tasmania) – Requirements and procedures for the import and export of plants, plant products and other prescribed matter for the purpose of the Plant Quarantine Act 1997 (Tasmania) approved and issued by the Secretary; treatment includes any method to control any pest, disease or organism; unit of freight means – (a) a container used to transport freight; or (b) a truck, trailer or other vehicle used to transport freight; or (c) any other thing used to transport freight; or (d) any agricultural equipment or other machinery; or (e) any other thing that is freight in its own right; working hours means the hours from 7 a.m. until 7 p.m. the same day on a weekday. PART 2Miscellaneous4Reduction of feesAny fees under these regulations that are paid within 30 days of the date of the invoice for the fees are reduced by 4%. 5Fees and charges (1)  The fees and charges specified in Schedule 1 are the fees prescribed for the matters under the Act to which they relate. (2)  The fees and charges specified in Schedule 1 in relation to any examination, supervision or treatment are payable in respect of each person required to carry out that examination, supervision or treatment. (3)  Fees and charges specified in Schedule 1 relating to anything imported are payable by – (a) the importer of the thing; or (b) an agent of the importer. 6Offences under Act (1)  The offences generally described in Column 2 of Schedule 2 under the respective sections specified in Column 1 of that Schedule are prescribed as the offences under the Act in respect of which infringement notices may be issued. (2)  The penalties specified in Column 3 of Schedule 2 are prescribed as the penalties payable in respect of prescribed offences to which the respective infringement notices relate. 7Requirements and procedures under ActThe prescribed requirements and procedures for the purpose of the Act are the requirements and procedures set out in the Plant Quarantine Manual (Tasmania). Schedule 1Fees and charges

Regulation 5

1.	Examination of prescribed matter (working hours), consignment of –
(a) 50kg or less	$20 for first quarter-hour or part quarter-hour and $15 for each additional quarter-hour or part quarter-hour
(b) more than 50kg	$45 for first half-hour or part half-hour and $15 for each additional quarter-hour or part quarter-hour
2.	Supervision of treatment of prescribed matter or place (working hours)	$33 for half-hour or part half-hour
3.	Treatment of prescribed matter or place (working hours)	$33 for half-hour or part half-hour
4.	Examination of place for purpose of application as approved quarantine place (working hours)	$40 for half-hour or part half-hour
5.	Examination, supervision or treatment under items 1, 2, 3 and 4 in addition to fees in those items –
(a) outside working hours on weekdays	$20 for hour or part hour
(b) Saturdays, Sundays, public holidays, bank holidays	$26 for hour or part hour
6.	Examination of units of freight	$1.50 for unit of freight
7.	Examination of documents	$15 for quarter-hour or part quarter-hour
8.	Application for any permit	$20
9.	Application for approved quarantine place	$20

Schedule 2Offences under Plant Quarantine Act 1997

Regulation 6

Column 1 Section	Column 2 General description of offence	Column 3 Penalty units
14	failing to notify List B pest or disease	In case of – (a)  (a) body corporate – 10
(b) natural person – 5
15	failing to notify new or unknown pest or disease	In case of – (a)  (a) body corporate – 10
(b) natural person – 5
16	possessing List A or List B pest or disease without permission	In case of – (a)  (a) body corporate – 10
(b) natural person – 5
22	failing to comply with direction relating to quarantine area	In case of – (a)  (a) body corporate – 10
(b) natural person – 5
27	carrying out activity in infected area	In case of – (a)  (a) body corporate – 10
(b) natural person – 5
28	failing to comply with direction relating to infected area	In case of – (a)  (a) body corporate – 10
(b) natural person – 5
31	moving prescribed matter in or out of control area	In case of – (a)  (a) body corporate – 10
(b) natural person – 5
32	carrying out activity in control area	In case of – (a)  (a) body corporate – 10
(b) natural person – 5
33(4)	failing to comply with notice relating to control area	In case of – (a)  (a) body corporate – 10
(b) natural person – 5
34(2)	failing to comply with requirement relating to control area	In case of – (a)  (a) body corporate – 5
(b) natural person – 3
37	moving prescribed matter in or out of protected area	In case of – (a)  (a) body corporate – 10
(b) natural person – 5
39	carrying out activity in protected area	In case of – (a)  (a) body corporate – 10
(b) natural person – 5
47(3)	failing to comply with condition of control agreement	In case of – (a)  (a) body corporate – 10
(b) natural person – 5
56(2)	failing to comply with direction of inspector	In case of – (a)  (a) body corporate – 5
(b) natural person – 3
62(3)	failing to comply with direction relating to assistance and facilities	In case of – (a)  (a) body corporate – 5
(b) natural person – 2
63	refusing to give proper name and address or giving false name and address	In case of – (a)  (a) body corporate – 5
(b) natural person – 3
68(2)	failing to comply with condition or restriction relating to importation	In case of – (a)  (a) body corporate – 10
(b) natural person – 1
69	importing List A or List B pest or disease	In case of – (a)  (a) body corporate – 10
(b) natural person – 5
70(3)	entering, leaving or taking things into or out of quarantine place	In case of – (a)  (a) body corporate – 10
(b) natural person – 5
72(2)	removing prescribed matter from quarantine place	In case of – (a)  (a) body corporate – 10
(b) natural person – 5
75(2)	failing to comply with requirement to assist	In case of – (a)  (a) body corporate – 10
(b) natural person – 5
100(2)	failing to stop vehicle or keep vehicle stationary	In case of – (a)  (a) body corporate – 10
(b) natural person – 5
100(3)	damaging, defacing, removing or interfering with sign	In case of – (a)  (a) body corporate – 10
(b) natural person – 5
101	moving, destroying or interfering with trap or equipment	In case of – (a)  (a) body corporate – 10
(b) natural person – 5
103	failing to comply with requirement relating to records	In case of – (a)  (a) body corporate – 10
(b) natural person – 5

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 30 June 1998

These regulations are administered in the Department of Primary Industry and Fisheries.

EXPLANATORY NOTE

(This note is not part of the regulation) These regulations prescribe –

(a) fees and charges payable in respect of matters under the Plant Quarantine Act 1997 ; and (b) offences under the Act as offences in respect of which infringement notices may be issued; and (c) the penalties payable in respect of those offences on the issue of the infringement notices; and (d) the requirements and procedures for the purpose of the Act.