Untitled document

Livestock Disease Control Amendment Regulations 2012

S.R. No. 129/2012

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Definition

6Notification of certain diseases (other than exotic diseases)

7New regulation 5A

5ANotification of unusual circumstances of disease or
death in livestock

8Applications for property identification code

9Restrictions on introduction of bees, bee products, pollen and used beekeeping fittings

10Restrictions on the use of vaccines for certain diseases

11Heading to Part 9 amended

12Returns furnished by approved agent for sales and purchases
of livestock

13Schedule 2—Notification of diseases

SCHEDULE 2—Notification of Diseases

PART A—DISEASES THAT MUST BE NOTIFIED WITHOUT DELAY

PART B—DISEASES THAT MUST BE NOTIFIED WITHIN 12 HOURS

PART C—DISEASES THAT MUST BE NOTIFIED WITHIN 7 DAYS

14Schedule 6—Introduction of bees, bee products, fodder or
used beekeeping fittings into Victoria

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ENDNOTES

STATUTORY RULES 2012

S.R. No. 129/2012

Livestock Disease Control Act 1994

Livestock Disease Control Amendment Regulations 2012

The Governor in Council makes the following Regulations:

Dated: 27 November 2012

Responsible Minister:

PETER WALSH
Minister for Agriculture and Food Security

MATTHEW McBEATH

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Livestock Disease Control Regulations 2006—

(a)to prescribe matters relating to the notification of certain diseases or of unusual circumstances of disease or death in livestock;

(b)to prescribe certain kinds of businesses as classes of livestock business;

(c)to make further provision relating to the restriction on the introduction into Victoria of bees, bee products, pollen and used beekeeping fittings;

(d)to make further provision relating to the restrictions on the use of vaccines for certain diseases;

(e)to make minor miscellaneous amendments.

2Authorising provision

These Regulations are made under section 139 of the Livestock Disease Control Act 1994.

3Commencement

These Regulations come into operation on 1 December 2012.

4Principal Regulations

In these Regulations, the Livestock Disease Control Regulations 2006[1] are called the Principal Regulations.

5Definition

In regulation 4 of the Principal Regulations, the definition of vendor declaration is revoked.

6Notification of certain diseases (other than exotic diseases)

(1)For regulation 5(1) of the Principal Regulations substitute—

"(1)For the purposes of section 7(3) of the Act, a person must notify an inspector—

(a)of the presence of a disease listed in Part A of Schedule 2, without delay; and

(b)of the presence of a disease listed in Part B of Schedule 2, within 12 hours; and

(c)of the presence of a disease listed in Part C of Schedule 2, within 7 days; and

(d)of the presence of a disease not listed in Schedule 2 (other than an exotic disease), within 12 hours—

after becoming aware of, or suspecting the presence of, the disease.

(1A)For the purposes of section 7(3) of the Act, a notification under subregulation (1)(a) is in the prescribed manner—

(a)if a person notifies an inspector by the fastest means of communication available at the time; and

(b)it contains the particulars listed in subregulation (2)(a) to (k).".

(2)In regulation 5(2) of the Principal Regulations for "subregulation (1)" substitute "subregulations (1)(b), (1)(c) and (1)(d)".

(3)In regulation 5(2) of the Principal Regulations, for paragraphs (cb) to (ce) substitute—

"(cb)the number of live animals that are affected and the number of live animals that are not affected;

(cc)the number of dead animals;

(cd)a description of the signs of the disease;

(ce)whether a veterinarian has been consulted for the purposes of determining whether the livestock, livestock product or hive is infected with any disease;

(cf)if a veterinarian has been consulted in accordance with paragraph (ce), the name and contact details of the veterinarian;".

(4)In regulation 5(2)(e) of the Principal Regulations omit "or symptoms".

7New regulation 5A

After regulation 5 of the Principal Regulations insert—

"5A   Notification of unusual circumstances of disease or death in livestock

For the purposes of section 7B of the Act, a notification is in the prescribed manner if it is in writing and contains the following information—

(a)the species of the livestock or the species of livestock from which the livestock product was derived;

(b)the property identification code identifying the property at which the livestock is kept (if relevant);

(c)the disease suspected to be present;

(d)the number of live animals that are affected and the number of live animals that are not affected;

(e)the number of dead animals;

(f)a description of the signs of the disease;

(g)the date of onset of signs of the disease;

(h)the age of any livestock suspected to be affected by the disease;

(i)whether a veterinarian has been consulted for the purposes of determining whether the livestock, livestock product or hive is infected with any disease;

(j)if a veterinarian has been consulted in accordance with paragraph (i), the name and contact details of the veterinarian;

(k)the address or description of the location at the which the livestock, livestock product or hives were observed;

(l)whether any specimens have been submitted to a laboratory for the purpose of determining whether the livestock, livestock product or hive is infected with any disease;

(m)the name and address of the laboratory to which any specimen has been sent;

(n)the name and address of the owner of the affected livestock, livestock product or hive (if known);

(o)the name, address and telephone number of the person making the notification;

(p)the date of the notification.".

8Applications for property identification code

(1)For regulation 23(1) of the Principal Regulations substitute—

"(1)For the purposes of section 9B(3)(a) of the Act, an application must be—

(a)in writing;

(b)in the form approved by the Secretary;

(c)sent to the Secretary by post, fax or by any other form or communication approved by the Secretary.

(1A)For the purposes of section 9B(3)(b) of the Act, an application must contain the following information—

(a)the name, postal address, telephone number, facsimile number (if any) and email address (if any) of the applicant, the person responsible for the husbandry of the livestock and the owner of the property; and

(b)details of the property (including the shire, parish, rural address, council property number (if any) and grazing licence number (if applicable)); and

(c)the type of livestock running on the property at the time of the application; and

(d)if the ownership in the property changed within 12 months before the application, the name and address of the former owner and the previous property identification code that was issued in relation to the property.".

(2)After regulation 23(2) of the Principal Regulations insert—

"(3)For the purposes of paragraph (e) of the definition of livestock business in section 9B(7) of the Act, a prescribed class of business is—

(a)a business undertaken by a stock and station agent; or

(b)a business dealing with the buying or selling of livestock or the carcases of livestock.".

9Restrictions on introduction of bees, bee products, pollen and used beekeeping fittings

For regulation 35(5) of the Principal Regulations substitute—

"(5)A person must not introduce into Victoria any bees, pollen or used beekeeping fittings from an apiary in Tasmania.

Penalty:5 penalty units.

(5A)A person must not introduce into Victoria any comb honey from an apiary in Tasmania unless before the comb honey is introduced—

(a)the comb honey is frozen to minus 15 degrees centigrade and held at that temperature for 24 hours; and

(b)the comb honey is stored and transported in bee-free containers or transport vehicles; and

(c)the comb honey is cut and packed in a bee-free area; and

(d)no other comb honey was on the premises whilst the comb honey was being processed; and

(e)copies of a temperature data log endorsed by the government apiary officer who completes the certificates referred to in regulations 29 and 30 accompany those certificates.

Penalty:5 penalty units.".

10Restrictions on the use of vaccines for certain diseases

For the Table in regulation 40 of the Principal Regulations substitute—

"

Column 1	Column 2	Column 3
Anthrax	The owner of the livestock must ensure that the livestock are not slaughtered for human consumption within 42 days after vaccination	A veterinary practitioner or an inspector
Paratuberculosis (Johne's disease)	A veterinary practitioner or an inspector or a person under the direction of a veterinary practitioner or inspector
Piroplasmosis	The owner of the livestock must ensure that the livestock is exported from Victoria following vaccination unless otherwise approved in writing by the Secretary under regulation 41	A veterinary practitioner or an inspector, or a person authorised in writing by the Secretary to administer the vaccine
Exotic disease (other than tuberculosis (Mycobacterium bovis))	The owner must ensure that any method used to identify the vaccinated livestock remains in place	An inspector or a person authorised in writing by the Secretary to administer the vaccine
Exotic disease (tuberculosis (Mycobacterium bovis))	The owner of the livestock must notify the Secretary of the reason for treatment with Bacillus Calmette Guerin (BCG) and ensure that any method used to identify the vaccinated livestock remains in place	A veterinary practitioner or an inspector

".

11Heading to Part 9 amended

In the heading to Part 9 of the Principal Regulations omit "STAMP".

12Returns furnished by approved agent for sales and purchases of livestock

In regulations 69(1)(a)(ii), 69(2)(a)(ii) and 69(3)(a)(ii) of the Principal Regulations, omit "stamp".

13Schedule 2—Notification of diseases

For Schedule 2 to the Principal Regulations substitute—

"SCHEDULE 2

Regulation 5

NOTIFICATION OF DISEASES

PART A—DISEASES THAT MUST BE NOTIFIED WITHOUT DELAY

Diseases of mammals and birds

Anthrax

PART B—DISEASES THAT MUST BE NOTIFIED WITHIN 12 HOURS

Disease of mammals and birds

Cattle tick

Equine herpes-virus 1 (abortigenic and neurological strains)

Infectious laryngotracheitis

Pigeon paramyxovirus Type 1

Psittacosis

Pullorum disease (Salmonella pullorum)

Swine brucellosis

Diseases of bees

American foulbrood disease

Braula fly (Braula coeca)

PART C—DISEASES THAT MUST BE NOTIFIED WITHIN 7 DAYS

Diseases of mammals and birds

Anaplasmosis

Babesiosis

Bovine genital campylobacteriosis

Bovine malignant catarrh

Bovine malignant tumour of the eye larger than 2 cm

Buffalo fly

Caprine arthritis encephalitis

Cysticercosis (C. bovis)

Enzootic bovine leukosis

Equine infectious anaemia

Equine viral arteritis

Infectious bovine rhinotracheitis

Lead poisoning in food producing livestock

Leptospirosis

Listeriosis

Mucosal disease

Ovine brucellosis

Ovine footrot

Ovine ked

Ovine lice

Paratuberculosis (Johne's disease)

Salmonellosis

Strangles

Trichomoniasis

Tuberculosis (other than Mycobacterium bovis)

Verocytotoxigenic E. coli

Diseases of bees

Chalkbrood disease

European foulbrood disease

Nosema

Small hive beetle (Aethina tumida)

Diseases of fin fish

Aeromonas salmoncida (atypical strains)

Epizootic haematopoietic necrosis (EHN virus)

Epizootic ulcerative syndrome (Aphanomyces invadans)

Diseases of molluscs

Bonamiosis (Bonamia sp.)

Diseases of amphibians

Chytridiomycosis (Batrachochytrium dendrobatidis)

Ranavirus

__________________".

14Schedule 6—Introduction of bees, bee products, fodder or used beekeeping fittings into Victoria

(1)In Part A of Schedule 6 to the Principal Regulations, for "regulation 35(5)(a)" substitute "regulation 35(5A)(a) to (e)".

(2)In Part A of Schedule 6 to the Principal Regulations omit the words and expressions—

"*5.The *bees/*pollen/*used beekeeping fittings are dispatched from Tasmania and are accompanied by written approval of the Secretary and consigned to the following laboratory approved by the Secretary for examination:

[name of approved laboratory]".

(3)In Part A of Schedule 6 to the Principal Regulations, for "*6." substitute "*5.".

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ENDNOTES

[1] Reg. 4: S.R. No. 172/2006 as amended by S.R. No. 39/2010.