Plant Biosecurity Regulations 2012

Authorised by the Chief Parliamentary Counsel Authorised Version i Plant Biosecurity Regulations 2012 S.R. No. 49/2012 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1 Objectives 1 2 Authorising provision 2 3 Commencement 2 4 Revocation 2 5 Definitions 2 PART 2—PLANT PEST AND DISEASE CONTROL 4 6 Prescribed materials 4 7 Prescribed States and Territories 5 8 Requirement to possess certificate or declaration with prescribed materials 5 9 Prescribed place for inspection, examination and treatment 6 10 Prescribed particulars for certificates and declarations 6 11 Requirement to present certificate or declaration for inspection 7 PART 3—PROPERTY IDENTIFICATION CODES 8 12 Prescribed plants 8 PART 4—MARKING AND IDENTIFICATION 9 13 Prescribed fruit and vegetables for marking locality 9 14 Warnings 9 PART 5—FEES AND CHARGES 10 15 Fees and charges 10 PART 6—INFRINGEMENT NOTICES 12 16 Prescribed offences and penalties 12 __________________ -- 1 of 23 -- Regulation Page ii Authorised by the Chief Parliamentary Counsel SCHEDULES 13 SCHEDULE 1—Prescribed Plants 13 SCHEDULE 2—Prescribed Fruit and Vegetables 14 SCHEDULE 3—Warning—Stop Sale 18 SCHEDULE 4—Infringement Offences and Infringement Penalties 19 ═══════════════ ENDNOTES 21 -- 2 of 23 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2012 S.R. No. 49/2012 Plant Biosecurity Act 2010 Plant Biosecurity Regulations 2012 The Lieutenant-Governor as the Governor's deputy with the advice of the Executive Council makes the following Regulations: Dated: 18 June 2012 Responsible Minister: PETER WALSH Minister for Agriculture and Food Security YVETTE CARISBROOKE Acting Clerk of the Executive Council PART 1—PRELIMINARY 1 Objectives The objectives of these Regulations are— (a) to prescribe certain exemptions from the requirement to possess an assurance certificate, plant health certificate or plant health declaration; (b) to prescribe particulars for assurance certificates, plant health certificates and plant health declarations in certain circumstances; (c) to require the presentation of certificates or declarations in certain circumstances; (d) to prescribe the manner of attaching a warning to seized or detained packages, plants or plant products; -- 3 of 23 -- Part 1—Preliminary Plant Biosecurity Regulations 2012 S.R. No. 49/2012 2 Authorised by the Chief Parliamentary Counsel (e) to prescribe plants for the purposes of the Act; (f) to specify activities for which inspectors can impose fees and charges; (g) to prescribe offences under the Act which may be enforced by infringement notices, penalties for infringement notices and other matters authorised by the Act. 2 Authorising provision These Regulations are made under section 141 of the Plant Biosecurity Act 2010. 3 Commencement These Regulations come into operation on 1 July 2012. 4 Revocation (1) The Plant Health and Plant Products Regulations 20061 are revoked. (2) These Regulations are revoked on 6 June 2016. 5 Definitions In these Regulations— area freedom certificate means a certificate issued by an officer of a department responsible for the agriculture of another State or Territory that contains the details set out in regulation 8(2); department responsible for the agriculture of another State or Territory includes a department in another State or Territory administering a corresponding law; grape phylloxera means the pest Daktulosphaira vitifolii (Fitch); r. 2 -- 4 of 23 -- Part 1—Preliminary Plant Biosecurity Regulations 2012 S.R. No. 49/2012 3 Authorised by the Chief Parliamentary Counsel phylloxera exclusion zone means any part of another State or a Territory that has been identified under a corresponding law for the purpose of preventing the entry of grape phylloxera into that part of the State or Territory; plant or plant product of the genus Vitis includes grapevines, potted vines, cuttings, rootlings, leaves, stems, grapes for table use or wine making, grape marc or grape must, fresh grape juice and plant samples of the genus Vitis taken for diagnostic purposes; potato cyst nematode means the pest Globodera rostochiensis (Wollenweber) (Skarbilovich); root vegetable includes beetroot, carrot, parsnip, potato, radish, rutabaga, swede, sweet potato and turnip; the Act means the Plant Biosecurity Act 2010. __________________ r. 5 -- 5 of 23 -- Part 2—Plant Pest and Disease Control Plant Biosecurity Regulations 2012 S.R. No. 49/2012 4 Authorised by the Chief Parliamentary Counsel PART 2—PLANT PEST AND DISEASE CONTROL 6 Prescribed materials For the purposes of Division 1 of Part 2 of the Act, the following materials are prescribed materials— (a) a plant or plant product of the genus Vitis; (b) used agricultural equipment used for the culture, harvesting, packing or processing of any plant or plant product of the genus Vitis; (c) a used package which contains, is known to have contained, or is reasonably suspected of containing or having contained, any plant or plant product of the genus Vitis; (d) soil, including samples of soil for diagnostic purposes, that originates from a property on which plants or plant products of the genus Vitis are grown; (e) root vegetables, bulbs, nursery plants or seedlings that have been grown in soil or in a soil free medium in contact with soil; (f) used agricultural equipment used for the culture, harvesting, packing or processing of root vegetables, bulbs, nursery plants or seedlings to which paragraph (e) applies; (g) a used package which contains, is known to have contained, or is reasonably suspected of containing or having contained, any root vegetables, bulbs, nursery plants or seedlings to which paragraph (e) applies; (h) soil in which root vegetables, bulbs, nursery plants or seedlings to which paragraph (e) applies have been grown, including samples of soil for diagnostic purposes; r. 6 -- 6 of 23 -- Part 2—Plant Pest and Disease Control Plant Biosecurity Regulations 2012 S.R. No. 49/2012 5 Authorised by the Chief Parliamentary Counsel (i) a host to an exotic pest or disease in relation to which a restricted area order is declared under section 32 of the Act. 7 Prescribed States and Territories For the purposes of section 8 of the Act— (a) New South Wales, Queensland, Tasmania, South Australia and Western Australia are prescribed States; and (b) the Northern Territory and the Australian Capital Territory are prescribed Territories. 8 Requirement to possess certificate or declaration with prescribed materials (1) For the purposes of section 8(1)(d) of the Act, a plant health certificate, an assurance certificate or a plant health declaration is not required for the following prescribed materials— (a) materials prescribed under regulation 6(a) or (d) that originate from a phylloxera exclusion zone; or (b) prescribed material used for the culture, harvesting, packing, processing of any plant or plant product of the genus Vitis that is from a phylloxera exclusion zone; or (c) prescribed materials which contains, is known to have contained, or may reasonably be suspected of containing or having contained any plant or plant product of the genus Vitis from a phylloxera exclusion zone; or (d) materials prescribed under regulation 6(a), (b), (c) or (d) that originate from an area for which an area freedom certificate has been issued in relation to grape phylloxera; or r. 7 -- 7 of 23 -- Part 2—Plant Pest and Disease Control Plant Biosecurity Regulations 2012 S.R. No. 49/2012 6 Authorised by the Chief Parliamentary Counsel (e) materials prescribed under regulation 6(e), (f), (g) or (h) that originate from an area for which an area freedom certificate has been issued in relation to potato cyst nematode; or (f) a plant in tissue culture. (2) An area freedom certificate must include the following details— (a) the name of the relevant pest or disease that is known not to occur in the area described in paragraph (b); (b) a description of the area of the prescribed State or Territory or part thereof in which the pest is known not to occur; (c) the signature of the officer who issued the certificate and his or her position; (d) the name of the relevant department responsible for the agriculture of another State or Territory. 9 Prescribed place for inspection, examination and treatment For the purposes of section 8(1)(e) of the Act, the prescribed place is the Plant Standards Centre at the Melbourne Wholesale Fruit and Vegetable Market. 10 Prescribed particulars for certificates and declarations For the purposes of sections 11(b), 12(b) and 13(b) of the Act, the prescribed particulars for an assurance certificate, a plant health certificate or a plant health declaration are details that identify the prescribed material to which the certificate or declaration relates. r. 9 -- 8 of 23 -- Part 2—Plant Pest and Disease Control Plant Biosecurity Regulations 2012 S.R. No. 49/2012 7 Authorised by the Chief Parliamentary Counsel 11 Requirement to present certificate or declaration for inspection A person who is required by an inspector under section 8(1)(e) of the Act to present any prescribed material for inspection, examination or treatment must also present for inspection any assurance certificate, plant health certificate or plant health declaration that accompanies the prescribed material. Penalty: 10 penalty units. __________________ r. 11 -- 9 of 23 -- Part 3—Property Identification Codes Plant Biosecurity Regulations 2012 S.R. No. 49/2012 8 Authorised by the Chief Parliamentary Counsel PART 3—PROPERTY IDENTIFICATION CODES 12 Prescribed plants For the purposes of section 15 of the Act, the plants listed in Schedule 1 are prescribed. __________________ r. 12 -- 10 of 23 -- Part 4—Marking and Identification Plant Biosecurity Regulations 2012 S.R. No. 49/2012 9 Authorised by the Chief Parliamentary Counsel PART 4—MARKING AND IDENTIFICATION 13 Prescribed fruit and vegetables for marking locality For the purposes of section 46(3)(b) of the Act, the fruit and vegetables listed in Schedule 2 are prescribed. 14 Warnings (1) For the purposes of section 83 of the Act, the prescribed manner of attaching a warning is to attach a label in the form set out in Schedule 3 to the package, plants or plant products. (2) A person must not— (a) detach a warning or cause or permit it to be detached without the written consent of the inspector or inspection agent who attached it to the package; or (b) deface or obscure a warning or permit it to be defaced or obscured. Penalty: 10 penalty units. __________________ r. 13 -- 11 of 23 -- Part 5—Fees and Charges Plant Biosecurity Regulations 2012 S.R. No. 49/2012 10 Authorised by the Chief Parliamentary Counsel PART 5—FEES AND CHARGES 15 Fees and charges (1) An inspector may impose fees and charges at the amounts or rates fixed by the Minister under section 55 of the Act for⎯ (a) inspecting plant, plant products, packages or equipment; and (b) inspecting land including inspecting any plant growing on the land; and (c) supervising the treatment of any plant, plant product, used package, used equipment or earth material; and (d) supervising the destruction or disposal of any plant, plant product, plant refuse, used package, used equipment or earth material. (2) The owner or the person apparently in charge of the consignment of plant, plant product, used package, used equipment, earth material or land referred to in subregulation (1) must pay the relevant fee or charge. (3) An inspector may impose fees and charges at the amounts or rates determined by the Minister under section 55 of the Act for the preparation of a compliance agreement. (4) An inspector may impose fees and charges at the amounts or rates determined by the Minister under section 55 of the Act to ensure it is complied with. (5) The person requesting the preparation of a compliance agreement must pay the fees and charges referred to in subregulation (3). r. 15 -- 12 of 23 -- Part 5—Fees and Charges Plant Biosecurity Regulations 2012 S.R. No. 49/2012 11 Authorised by the Chief Parliamentary Counsel (6) A party to a compliance agreement, other than the Crown, must pay the fees and charges referred to in subregulation (4). __________________ r. 15 -- 13 of 23 -- Part 6—Infringement Notices Plant Biosecurity Regulations 2012 S.R. No. 49/2012 12 Authorised by the Chief Parliamentary Counsel PART 6—INFRINGEMENT NOTICES 16 Prescribed offences and penalties (1) For the purposes of section 119(1) of the Act, the offences referred to in Column 1 of Schedule 4 are offences for which an infringement notice may be served. (2) For the purposes of section 119(2) of the Act, the prescribed infringement penalty for an offence for which an infringement notice may be served is the penalty listed in Column 2 in Schedule 4 opposite the description of that offence. __________________ r. 16 -- 14 of 23 -- Plant Biosecurity Regulations 2012 S.R. No. 49/2012 13 Authorised by the Chief Parliamentary Counsel SCHEDULES SCHEDULE 1 Regulation 12 PRESCRIBED PLANTS Grapevines (where the growing area is not less than 0·5 hectares) __________________ Sch. 1 -- 15 of 23 -- Plant Biosecurity Regulations 2012 S.R. No. 49/2012 14 Authorised by the Chief Parliamentary Counsel SCHEDULE 2 Regulation 13 PRESCRIBED FRUIT AND VEGETABLES Abiu Acerola Achachairu Apple Apricot Avocado Babaco Banana Black Sapote Blackberry Blueberry Boysenberry Brazil Cherry Breadfruit Caimito (Star Apple) Cape Gooseberry Capsicum Carambola (Starfruit) Cashew Apple Casimiro (White Sapote) Cherimoya Cherry Chilli Choko Citron Cocoa Berry Sch. 2 -- 16 of 23 -- Plant Biosecurity Regulations 2012 S.R. No. 49/2012 15 Authorised by the Chief Parliamentary Counsel Coffee Berry Cumquat Custard Apple Date Durian Eggplant Feijoa Fig Goji Berry Granadilla Grape Grapefruit Grumichama Guava Hog Plum Jaboticaba Jackfruit Jew Plum Jujube Kiwifruit Lemon Lime Loganberry Longan Loquat Lychee Mandarin Mango Mangosteen Medlar Miracle Fruit Sch. 2 -- 17 of 23 -- Plant Biosecurity Regulations 2012 S.R. No. 49/2012 16 Authorised by the Chief Parliamentary Counsel Monstera Mulberry Nashi Nectarine Olive Orange Passionfruit Pawpaw Peach Peacharine Pear Pepino Persimmon Plum Plumcot Pomegranate Prickly Pear Pummelo Quince Rambutan Raspberry Rollinia Santol Sapodilla Soursop Strawberry Sweetsop (Sugar Apple) Tamarillo Sch. 2 -- 18 of 23 -- Plant Biosecurity Regulations 2012 S.R. No. 49/2012 17 Authorised by the Chief Parliamentary Counsel Tangelo Tomato Wax jambu (Rose Apple) __________________ Sch. 2 -- 19 of 23 -- Plant Biosecurity Regulations 2012 S.R. No. 49/2012 18 Authorised by the Chief Parliamentary Counsel SCHEDULE 3 Regulation 14(1) WARNING STOP SALE The packages, plants or plant products to which this warning is attached do not comply with the Plant Biosecurity Act 2010. It is an offence for any person selling or removing them to detach this warning without the written consent of an inspector or to deface or obscure this warning. Items Quantity Name of Inspector Signature of Inspector Date Time __________________ Sch. 3 -- 20 of 23 -- Plant Biosecurity Regulations 2012 S.R. No. 49/2012 19 Authorised by the Chief Parliamentary Counsel SCHEDULE 4 Regulation 16 INFRINGEMENT OFFENCES AND INFRINGEMENT PENALTIES Item Column 1 Offence Column 2 Infringement Penalty 1 Section 9(1) 2 penalty units in the case of a natural person 10 penalty units in the case of a body corporate 2 Section 10(1) 5 penalty units 3 Section 15(1) 2 penalty units 4 Section 15(5) 1 penalty units 5 Section 20(2) 2 penalty units 6 Section 20(3) 2 penalty units in the case of a natural person 10 penalty units in the case of a body corporate 7 Section 25(2) 5 penalty units in the case of a natural person 25 penalty units in the case of a body corporate 8 Section 25(3) 5 penalty units in the case of a natural person 25 penalty units in the case of a body corporate 9 Section 25(4) 5 penalty units in the case of a natural person 25 penalty units in the case of a body corporate 10 Section 26(5) 2 penalty units in the case of a natural person 10 penalty units in the case of a body corporate Sch. 4 -- 21 of 23 -- Plant Biosecurity Regulations 2012 S.R. No. 49/2012 20 Authorised by the Chief Parliamentary Counsel Item Column 1 Offence Column 2 Infringement Penalty 11 Section 27(2) 5 penalty units in the case of a natural person 25 penalty units in the case of a body corporate 12 Section 30(5) 5 penalty units in the case of a natural person 25 penalty units in the case of a body corporate 13 Section 33(3) 2 penalty units in the case of a natural person 10 penalty units in the case of a body corporate 14 Section 35(4) 5 penalty units 15 Section 43(4) 5 penalty units 16 Section 45(1) 3 penalty units 17 Section 45(4) 5 penalty units 18 Section 46(1) 5 penalty units 19 Section 98 5 penalty units 20 Section 104(5) 5 penalty units 21 Section 111(2) 3 penalty units 22 Regulation 14(2) 1 penalty unit ═══════════════ Sch. 4 -- 22 of 23 -- Plant Biosecurity Regulations 2012 S.R. No. 49/2012 21 Authorised by the Chief Parliamentary Counsel ENDNOTES 1 Reg. 4(1): S.R. No. 62/2006 as amended by S.R. No. 115/2006. —— Penalty Units These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit. In accordance with section 11 of the Monetary Units Act 2004, the value of a penalty unit for the financial year commencing 1 July 2012 is $140.84. The amount of the calculated penalty may be rounded to the nearest dollar. The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. Endnotes -- 23 of 23 --