Primary Industries and Other Legislation Amendment Regulation (No. 1) 2008 (Qld)

Queensland Primary Industries and Other Legislation Amendment Regulation (No. 1) 2008 Subordinate Legislation 2008 No. 38 made under the Agricultural Chemicals Distribution Control Act 1966 Apiaries Act 1982 Exotic Diseases in Animals Act 1981 Fisheries Act 1994 Land Protection (Pest and Stock Route Management) Act 2002 Plant Protection Act 1989 Rural and Regional Adjustment Act 1994 Stock Act 1915 Contents Part 1 1 2 Part 2 3 4 5 6 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of Agricultural Chemicals Distribution Control Regulation 1998 Regulation amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of s 3 (Parts of State excluded—Act, s 3) . . . . . . . . 4 Replacement of s 33 (Hazardous areas—Act, s 28(1)) . . . . . . . . 5 33 Hazardous areas—Act, s 28(1) . . . . . . . . . . . . . . . . . 5 Replacement of sch 1 (Areas excluded from Act) . . . . . . . . . . . . 5 Schedule 1 Areas excluded from Act Schedule 1A Hazardous area No. 1 Schedule 1B Hazardous area No. 2

Primary Industries and Other Legislation Amendment Regulation (No. 1) 2008 Contents Part 3 7 8 9 Part 4 10 11 12 13 Part 5 14 15 Part 6 16 17 Part 7 18 19 20 21 22 23 24 Part 8 25 Page 2 Schedule 1C Hazardous area No. 3 Amendment of Apiaries Regulation 1998 Regulation amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 4 (Exclusion of parts of State) . . . . . . . . . . . . . . Replacement of sch 2 (Parts of State excluded) . . . . . . . . . . . . . Schedule 2 Excluded part of the State Amendment of Exotic Diseases in Animals (Acarine and Varroa Mites) Notice 2007 Notice amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of s 5 (Notification of restricted area—Act, s 10) . . 5 Notification of restricted area—Act, s 10 . . . . . . . . . . Insertion of new schedule. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule Restricted area Omission of attachment (Restricted area) . . . . . . . . . . . . . . . . . . Amendment of Fisheries (East Coast Trawl) Management Plan 1999 Management plan amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 3 (Specific closed waters) . . . . . . . . . . . . . . . Amendment of Fisheries Regulation 1995 Regulation amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 2 (Closed waters—commercial fishing) . . . . . Amendment of Land Protection (Pest and Stock RouteManagement) Regulation 2003 Regulation amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of s 6A (Local governments that may build declared pest fence—Act, s 48) . . . . . . . . . . . . . . . . . . . . . . . . . . 6A Local governments that may build declared pest fence—Act, s 48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 9 (Stock routes) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 14 (Annual payments by local governments) . . Amendment of s 16 (Inspecting maps and other information) . . . Replacement of sch 4 (Local governments required to prepare stock route network management plans) . . . . . . . . . . . . . . . . . . . Schedule 4 Local governments required to prepare stock route network management plans Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Plant Protection Regulation 2002 Regulation amended in pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 10 10 12 12 12 12 14 14 14 14 15 15 15 15 16 16 17 18 19 20 2008 SL No. 38

26 27 28 29 30 31 32 Part 9 33 34 Part 10 35 36 Primary Industries and Other Legislation Amendment Regulation (No. 1) 2008 Contents Replacement of s 18 (Declaration of pest quarantine areas) . . . . 18 Declaration of pest quarantine areas . . . . . . . . . . . . . Replacement of s 76 (Declaration of pest quarantine areas) . . . . 76 Declaration of pest quarantine areas . . . . . . . . . . . . . Amendment of s 155 (Declaration of pest quarantine area). . . . . Amendment of s 162 (Declaration of restricted area). . . . . . . . . . Replacement of sch 3 (Pest quarantine areas for pests of banana plants) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule 3 Pest quarantine areas for pests of banana plants Insertion of new sch 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule 7A Pest quarantine areas for mango leafhopper Omission of attachment 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Rural and Regional AdjustmentRegulation 2000 Regulation amended in pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of schedule (Approved assistance schemes). . . . . . Amendment of Stock Identification Regulation 2005 Regulation amended in pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 21 (Provisions for the PIC for registrable place) 20 20 21 21 21 21 21 27 29 29 29 29 30 2008 SL No. 38 Page 3

Primary Industries and Other Legislation Amendment Regulation (No. 1) 2008 Part 1 Preliminary [s 1] Part 1 Preliminary 1 Short title This regulation may be cited as the Primary Industries and Other Legislation Amendment Regulation (No. 1) 2008 . 2 Commencement This regulation commences on 15 March 2008. Part 2 Amendment of Agricultural Chemicals Distribution Control Regulation 1998 3 Regulation amended in pt 2 This part amends the Agricultural Chemicals Distribution Control Regulation 1998. 4 Amendment of s 3 (Parts of State excluded—Act, s 3) (1) Section 3, ‘the parts described’— omit, insert— ‘shown on the map’. (2) Section 3— insert— ‘(2) The exact location of the boundary of the parts of the State to which the Act does not apply is held in digital electronic form by the department. Page 4 2008 SL No. 38

Primary Industries and Other Legislation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Agricultural Chemicals Distribution Control Regulation 1998 [s 5] ‘(3) A map showing the exact location of the boundary of the parts of the State to which the Act does not apply can be accessed, free of charge, on the department’s website. Editor’s note — The department’s website address is < ‘(4) The information held in digital electronic form can be reduced or enlarged to show the details of the boundaries.’. 5 Replacement of s 33 (Hazardous areas—Act, s 28(1)) Section 33— omit, insert— ‘33 Hazardous areas—Act, s 28(1) ‘(1) For section 28 of the Act, each of the following is declared to be a hazardous area— (a) the area shown on the map in schedule 1A ( hazardous area No. 1 ); (b) the area shown on the map in schedule 1B ( hazardous area No. 2 ); (c) the area shown on the map in schedule 1C ( hazardous area No. 3 ). ‘(2) The exact location of the boundary of each of the hazardous areas is held in digital electronic form by the department. ‘(3) Maps showing the exact location of the boundary of each of the hazardous areas can be accessed, free of charge, on the department’s website. Editor’s note — The department’s website address is < ‘(4) The information held in digital electronic form can be reduced or enlarged to show the details of the boundaries.’. 6 Replacement of sch 1 (Areas excluded from Act) Schedule 1— 2008 SL No. 38 Page 5

Primary Industries and Other Legislation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Agricultural Chemicals Distribution Control Regulation 1998 [s 6] omit, insert— ‘Schedule 1 Areas excluded from Act section 3 Page 6 2008 SL No. 38

Primary Industries and Other Legislation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Agricultural Chemicals Distribution Control Regulation 1998 [s 6] ‘Schedule 1A Hazardous area No. 1 section 33(1)(a) 2008 SL No. 38 Page 7

Primary Industries and Other Legislation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Agricultural Chemicals Distribution Control Regulation 1998 [s 6] ‘Schedule 1B Hazardous area No. 2 section 33(1)(b) Page 8 2008 SL No. 38

Primary Industries and Other Legislation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Agricultural Chemicals Distribution Control Regulation 1998 [s 6] ‘Schedule 1C Hazardous area No. 3 section 33(1)(c) 2008 SL No. 38 Page 9

Primary Industries and Other Legislation Amendment Regulation (No. 1) 2008 Part 3 Amendment of Apiaries Regulation 1998 [s 7] Part 3 Amendment of Apiaries Regulation 1998 7 Regulation amended in pt 3 This part amends the Apiaries Regulation 1998. 8 Amendment of s 4 (Exclusion of parts of State) (1) Section 4, heading, ‘parts’— omit, insert— ‘ part ’. (2) Section 4, ‘parts of the State stated in schedule 2’— omit, insert— ‘part of the State shown on the map in schedule 2 (the excluded part of the State )’. (3) Section 4— insert— ‘(2) The exact location of the boundary of the excluded part of the State is held in digital electronic form by the department. ‘(3) A map showing the exact location of the boundary of the excluded part of the State can be accessed, free of charge, on the department’s website. Editor’s note — The department’s website address is < ‘(4) The information held in digital electronic form can be reduced or enlarged to show the details of the boundary.’. 9 Replacement of sch 2 (Parts of State excluded) Schedule 2— omit, insert— Page 10 2008 SL No. 38

Primary Industries and Other Legislation Amendment Regulation (No. 1) 2008 Part 3 Amendment of Apiaries Regulation 1998 [s 9] ‘Schedule 2 Excluded part of the State section 4 2008 SL No. 38 Page 11

Primary Industries and Other Legislation Amendment Regulation (No. 1) 2008 Part 4 Amendment of Exotic Diseases in Animals (Acarine and Varroa Mites) Notice 2007 [s 10] Part 4 Amendment of Exotic Diseases in Animals (Acarine and Varroa Mites) Notice 2007 10 Notice amended in pt 4 This part amends the Exotic Diseases in Animals (Acarine and Varroa Mites) Notice 2007. 11 Replacement of s 5 (Notification of restricted area—Act, s 10) Section 5— omit, insert— ‘5 Notification of restricted area—Act, s 10 ‘(1) The area shown on the map in the schedule is the restricted area for the exotic disease. ‘(2) The exact location of the boundary of the restricted area is held in digital electronic form by the department. ‘(3) A map showing the exact location of the boundary of the restricted area can be accessed, free of charge, on the department’s website at < Editor’s note — The department’s website address is < ‘(4) The information held in digital electronic form can be reduced or enlarged to show the details of the boundary.’. 12 Insertion of new schedule After section 7— insert— Page 12 2008 SL No. 38

Primary Industries and Other Legislation Amendment Regulation (No. 1) 2008 Part 4 Amendment of Exotic Diseases in Animals (Acarine and Varroa Mites) Notice 2007 [s 12] ‘Schedule Restricted area section 5 2008 SL No. 38 Page 13

Primary Industries and Other Legislation Amendment Regulation (No. 1) 2008 Part 5 Amendment of Fisheries (East Coast Trawl) Management Plan 1999 [s 13] 13 Omission of attachment (Restricted area) Attachment— omit. Part 5 Amendment of Fisheries (East Coast Trawl) Management Plan 1999 14 Management plan amended in pt 5 This part amends the Fisheries (East Coast Trawl) Management Plan 1999. 15 Amendment of sch 3 (Specific closed waters) Schedule 3, section 78, ‘Miriam Vale Shire Council Caravan Park’— omit, insert— ‘1770 Camping Grounds, Captain Cook Drive,’ Part 6 Amendment of Fisheries Regulation 1995 16 Regulation amended in pt 6 This part amends the Fisheries Regulation 1995. Page 14 2008 SL No. 38

Primary Industries and Other Legislation Amendment Regulation (No. 1) 2008 Part 7 Amendment of Land Protection (Pest and Stock Route Management)Regulation 2003 [s 17] 17 Amendment of sch 2 (Closed waters—commercial fishing) Schedule 2, section 92, ‘Miriam Vale Shire Council Caravan Park’— omit, insert— ‘1770 Camping Grounds, Captain Cook Drive,’ Part 7 Amendment of Land Protection (Pest and Stock Route Management) Regulation 2003 18 Regulation amended in pt 7 This part amends the Land Protection (Pest and Stock RouteManagement) Regulation 2003. 19 Replacement of s 6A (Local governments that may build declared pest fence—Act, s 48) Section 6A— omit, insert— ‘6A Local governments that may build declared pest fence—Act, s 48 ‘The following local governments are prescribed for section 48 of the Act— (a) Dalby Regional Council; (b) Goondiwondi Regional Council; (c) Southern Downs Regional Council; (d) Toowoomba Regional Council.’. 2008 SL No. 38 Page 15

Primary Industries and Other Legislation Amendment Regulation (No. 1) 2008 Part 7 Amendment of Land Protection (Pest and Stock Route Management)Regulation 2003 [s 20] 20 Amendment of s 9 (Stock routes) (1) Section 9, ‘department’— omit, insert— ‘department in which chapter 3 of the Act is administered’. (2) Section 9— insert— ‘ Editor’s note — chapter 3 (Stock route network management) of the Act’. 21 Amendment of s 14 (Annual payments by local governments) Section 14(2), definitions R and X — omit, insert— ‘ R means the average annual amount of general rates levied for all parcels of rateable land in the area that is or becomes the local government’s local government area for the 3 most recent financial years for which the chief executive has information about the amount of general rates levied for parcels of rateable land in the area. rateable land has the meaning given by the Local Government Act 199 3, section 957. X , for each of the following local governments, means the percentage stated for the local government— (a) a very large urban local government whose area is entirely or partly in the rabbit district or benefited by a declared pest fence—0.4%; (b) a very large urban local government whose area is not entirely or partly in the rabbit district or benefited by a declared pest fence—0.2%; (c) a large urban local government whose area is entirely or partly in the rabbit district or benefited by a declared pest fence—1.3%; Page 16 2008 SL No. 38

Primary Industries and Other Legislation Amendment Regulation (No. 1) 2008 Part 7 Amendment of Land Protection (Pest and Stock Route Management)Regulation 2003 [s 22] (d) a large urban local government whose area is not entirely or partly in the rabbit district or benefited by a declared pest fence—0.3%; (e) a small urban local government whose area is entirely or partly in the rabbit district or benefited by a declared pest fence—4%; (f) a small urban local government whose area is not entirely or partly in the rabbit district or benefited by a declared pest fence—1%; (g) a rural local government whose area is entirely or partly in the rabbit district or benefited by a declared pest fence—15%; (h) a rural local government whose area is not entirely or partly in the rabbit district or benefited by a declared pest fence—8%.’. 22 Amendment of s 16 (Inspecting maps and other information) (1) Section 16(2), ‘, stock route’— omit. (2) Section 16— insert— ‘(2A) The exact location of the stock route is also held in digital electronic form by the department in which chapter 3 of the Act is administered. Editor’s note — chapter 3 (Stock route network management) of the Act’. (3) Section 16(4)(a)— omit, insert— ‘(a) inspect a map mentioned in section 6 or 12, or the information held in digital electronic form, free of charge, at the department’s head office when the office is open to the public; and 2008 SL No. 38 Page 17

Primary Industries and Other Legislation Amendment Regulation (No. 1) 2008 Part 7 Amendment of Land Protection (Pest and Stock Route Management)Regulation 2003 [s 23] Editor’s note — The department’s head office is at Primary Industries Building, 80 Ann Street, Brisbane. ‘(aa) inspect a map mentioned in section 9, or the information held in digital electronic form, free of charge, at the head office of the department in which chapter 3 of the Act is administered, when the office is open to the public; and Editor’s note — As the commencement of this section, the head office of the department in which chapter 3 of the Act is administered is at Mineral House, 41 George Street, Brisbane.’. (4) Section 16(4)(b), ‘department’— omit, insert— ‘department, or the department in which chapter 3 of the Act is administered,’. (5) Section 16(4)(aa)and (b), as amended— renumber as section 16(4)(b) and (c) . 23 Replacement of sch 4 (Local governments required to prepare stock route network management plans) Schedule 4— omit, insert— ‘Schedule 4 Local governments required to prepare stock route network management plans section 10 Balonne Shire Council Banana Shire Council Page 18 2008 SL No. 38

Primary Industries and Other Legislation Amendment Regulation (No. 1) 2008 Part 7 Amendment of Land Protection (Pest and Stock Route Management)Regulation 2003 [s 24] Barcaldine Regional Council Barcoo Shire Council Blackall Tambo Regional Council Boulia Shire Council Bulloo Shire Council Central Highlands Regional Council Charters Towers Regional Council Cloncurry Shire Council Dalby Regional Council Diamantina Shire Council Flinders Shire Council Goondiwindi Regional Council Isaac Regional Council Longreach Regional Council McKinlay Shire Council Mount Isa City Council Murweh Shire Council Paroo Shire Council Quilpie Shire Council Richmond Shire Council Roma Regional Council Winton Shire Council’. 24 Amendment of sch 6 (Dictionary) (1) Schedule 6— insert— ‘ very large urban local government means a local government that has a population of at least 200001.’. 2008 SL No. 38 Page 19

Primary Industries and Other Legislation Amendment Regulation (No. 1) 2008 Part 8 Amendment of Plant Protection Regulation 2002 [s 25] (2) Schedule 6, definition large urban local government , ‘at least 70001’— omit, insert— ‘ more than 70000 but fewer than 200001’. Part 8 Amendment of Plant Protection Regulation 2002 25 Regulation amended in pt 8 This part amends the Plant Protection Regulation 2002. 26 Replacement of s 18 (Declaration of pest quarantine areas) Section 18— omit, insert— ‘18 Declaration of pest quarantine areas ‘(1) Each area shown on a map in schedule 3 is declared to be a pest quarantine area for pests of banana plants. ‘(2) The exact location of the boundary of each of the pest quarantine areas is held in digital electronic form by the department. ‘(3) Maps showing the exact location of the boundary of each of the pest quarantine areas can be accessed, free of charge, on the department’s website. Editor’s note — The department’s website address is < ‘(4) The information held in digital electronic form can be reduced or enlarged to show the details of the boundaries.’. Page 20 2008 SL No. 38

Primary Industries and Other Legislation Amendment Regulation (No. 1) 2008 Part 8 Amendment of Plant Protection Regulation 2002 [s 27] 27 Replacement of s 76 (Declaration of pest quarantine areas) Section 76— omit, insert— ‘76 Declaration of pest quarantine areas ‘(1) Each area shown on the map in schedule 7A is declared to be a pest quarantine area for mango leafhopper. ‘(2) The exact location of the boundary of each of the pest quarantine areas is held in digital electronic form by the department. ‘(3) A map showing the exact location of the boundary of each of the pest quarantine areas can be accessed, free of charge, on the department’s website. Editor’s note — The department’s website address is < ‘(4) The information held in digital electronic form can be reduced or enlarged to show the details of the boundaries.’. 28 Amendment of s 155 (Declaration of pest quarantine area) Section 155(1), ‘City’— omit, insert— ‘Regional’. 29 Amendment of s 162 (Declaration of restricted area) Section 162(2), ‘City’— omit, insert— ‘Regional’. 30 Replacement of sch 3 (Pest quarantine areas for pests of banana plants) Schedule 3— 2008 SL No. 38 Page 21

Primary Industries and Other Legislation Amendment Regulation (No. 1) 2008 Part 8 Amendment of Plant Protection Regulation 2002 [s 30] omit, insert— ‘Schedule 3 Pest quarantine areas for pests of banana plants section 18 ‘Part 1 Far northern pest quarantine area Page 22 2008 SL No. 38

Primary Industries and Other Legislation Amendment Regulation (No. 1) 2008 Part 8 Amendment of Plant Protection Regulation 2002 [s 30] ‘Part 2 Northern buffer pest quarantine area 2008 SL No. 38 Page 23

Primary Industries and Other Legislation Amendment Regulation (No. 1) 2008 Part 8 Amendment of Plant Protection Regulation 2002 [s 30] ‘Part 3 Northern pest quarantine area Page 24 2008 SL No. 38

Primary Industries and Other Legislation Amendment Regulation (No. 1) 2008 Part 8 Amendment of Plant Protection Regulation 2002 [s 30] ‘Part 4 Southern buffer pest quarantine area 2008 SL No. 38 Page 25

Primary Industries and Other Legislation Amendment Regulation (No. 1) 2008 Part 8 Amendment of Plant Protection Regulation 2002 [s 30] ‘Part 5 Special pest quarantine area Page 26 2008 SL No. 38

Primary Industries and Other Legislation Amendment Regulation (No. 1) 2008 Part 8 Amendment of Plant Protection Regulation 2002 [s 31] ‘Part 6 Southern pest quarantine area 31 Insertion of new sch 7A After schedule 7— 2008 SL No. 38 Page 27

Primary Industries and Other Legislation Amendment Regulation (No. 1) 2008 Part 8 Amendment of Plant Protection Regulation 2002 [s 31] insert— ‘Schedule 7A Pest quarantine areas for mango leafhopper section 76 Page 28 2008 SL No. 38

Primary Industries and Other Legislation Amendment Regulation (No. 1) 2008 Part 9 Amendment of Rural and Regional Adjustment Regulation 2000 [s 32] 32 Omission of attachment 1 Attachment 1— omit. Part 9 Amendment of Rural and Regional Adjustment Regulation 2000 33 Regulation amended in pt 9 This part amends the RuralandRegionalAdjustmentRegulation 2000. 34 Amendment of schedule (Approved assistance schemes) Schedule, section 76, definition permitted local government area , ‘Shire of Bauhinia, Shire of Emerald or Shire of Peak Downs’— omit, insert— ‘Central Highlands Regional Council’. Part 10 Amendment of Stock Identification Regulation 2005 35 Regulation amended in pt 10 This part amends the Stock Identification Regulation 2005. 2008 SL No. 38 Page 29

Primary Industries and Other Legislation Amendment Regulation (No. 1) 2008 Part 10 Amendment of Stock Identification Regulation 2005 [s 36] 36 Amendment of s 21 (Provisions for the PIC for registrable place) (1) Section 21(4) and (5)— omit, insert— ‘(4) For subsections (2) and (3), places are in the same locality if the centroid of each secondary place is no more than 50km from the centroid of the primary place.’. (2) Section 21(6)— renumber as section 21(5). ENDNOTES 1 Made by the Governor in Council on 28 February 2008. 2 Notified in the gazette on 29 February 2008. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Primary Industries and Fisheries. © State of Queensland 2008 Page 30 2008 SL No. 38