Quarantine (General) Regulations (Amendment)

Overview

The Quarantine (General) Regulations 1980, made under the Quarantine Act 1908, address the need for stringent control over the disposal of refuse and waste from vessels entering Australian ports, to prevent the introduction and spread of pests and diseases. Enacted by the Governor-General with the advice of the Federal Executive Council, these regulations mandate that vessel masters or owners must ensure the availability of animal waste, organic refuse, galley scraps or waste (other than rendered fat) for collection by authorised personnel within specific timeframes. The policy objective is to maintain Australia's biosecurity by preventing the contamination of its waters and shores with foreign refuse, which could potentially introduce harmful species or pathogens. The regulations also outline penalties for non-compliance and provide mechanisms for exemption under certain conditions.

Scope and Application

The Quarantine (General) Regulations, as amended by Statutory Rules 1980 No. 51, apply to all overseas vessels and Australian vessels arriving at a declared port that carry or intend to carry goods, animals, or plants for trade and commerce or more than ten persons, including at least one paying passenger. These vessels must remain in or near the declared port for a minimum of 24 hours. The regulations mandate that the master or owner of such vessels must make available for collection all animal waste, organic refuse, galley scraps, or waste, excluding rendered fat, from the vessel. This must be done within 24 hours of entering the port and at least once during each specified period, either as determined by a quarantine officer or every 24 hours if no determination is made. Exemptions from these requirements can be granted by a Chief Quarantine Officer for vessels with approved waste disposal facilities or by the Director of Quarantine for specific vessels or classes of vessels. The regulations also prohibit unauthorised removal of waste from vessels at a port except for collection under the regulation or disposal in a manner specified by a quarantine officer. These regulations extend across the Commonwealth of Australia and are applicable to any declared port, as notified by the Minister in the Commonwealth of Australia Gazette. The fines for non-compliance with the disposal and removal provisions are set out in the amended regulations, with penalties for unauthorised removal of waste being $200 and fees for disposal of refuse based on the vessel's size and the number of people it carries. The amendments also include formal changes to the Schedules and references within the Quarantine (General) Regulations.

Key Provisions

The Quarantine (General) Regulations, as amended by Statutory Rules 1980 No. 51, introduce stringent measures concerning the disposal of waste from vessels entering declared ports. Regulation 33c mandates that the master or owner of a vessel must make available for collection by an authorised person all animal waste, organic refuse, galley scraps or waste (other than rendered fat) within 24 hours of entering a declared port and then at least once during each subsequent period determined by a quarantine officer or, in the absence of such determination, every 24 hours. This requirement applies to all overseas vessels arriving at a declared port and Australian vessels carrying goods, animals, or plants for trade and commerce or more than 10 persons, including at least one paying passenger, and remaining in or near the port for at least 24 hours (Regulation 33c(2)). However, a Chief Quarantine Officer may exempt a vessel from this requirement if it has waste disposal facilities approved by the Officer for the specific type of refuse, period, and declared port (Regulation 33c(3)). Additionally, the Director of Quarantine has the authority to exempt any vessel or class of vessels from these requirements (Regulation 33c(4)). The Regulations also impose specific obligations on vessels and individuals involved in waste management. The master or owner of a vessel must ensure that all waste is made available for collection in compliance with Regulation 33c. Furthermore, any person not authorised under sub-regulation 34(1) is prohibited from removing waste from a vessel at a port, except for the purposes outlined in Regulation 33c(1) or for destruction or disposal as specified by a quarantine officer under paragraph 35(1)(b) (Regulation 34(3)). These provisions ensure that waste is managed in a controlled and sanitary manner to prevent the spread of diseases and pests. Failure to comply with the provisions of these Regulations results in significant penalties. For instance, the master or owner of a vessel who fails to comply with Regulation 33c(1) is liable to a penalty of $2,000 (Regulation 33c(1)). Similarly, any person who removes waste from a vessel at a port without authorisation is subject to a penalty of $200 (Regulation 34(3)). These financial penalties serve as deterrents to ensure adherence to the strict waste management protocols outlined in the Regulations. Additionally, the Regulations set out specific fees for the disposal of refuse, galley scraps, or waste from vessels of varying sizes and passenger capacities (Second Schedule, item 9).