Plant Health and Plant Products Regulations 2006

Version No. 003 Plant Health and Plant Products Regulations 2006 S.R. No. 62/2006 Version incorporating amendments as at 28 March 2008 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1 Objectives 1 2 Authorising provision 1 3 Commencement 1 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 8 10 Prescribed particulars for certificates and declarations 8 11 Requirement to present certificate or declaration for inspection 9 PART 3—MARKING, IDENTIFICATION AND CLEANING 10 12 Reconditioning and cleaning of used packages 10 13 Prescribed fruit and vegetables for marking locality 10 14 Prescribed plants and plant products requiring identification for propagation 10 15 Warnings 11 PART 4—FEES AND CHARGES 12 16 Fees and charges 12 i Regulation Page PART 5—INFRINGEMENT NOTICES 14 17 Prescribed offences 14 SCHEDULES 15 SCHEDULE 1—Prescribed Fruit And Vegetables 15 SCHEDULE 2—Warning—Stop Sale 19 SCHEDULE 3—Revoked 19 SCHEDULE 4—Penalties 20 ═══════════════ ENDNOTES 22 1. General Information 22 2. Table of Amendments 23 3. Explanatory Details 24 ii Version No. 003 Plant Health and Plant Products Regulations 2006 S.R. No. 62/2006 Version incorporating amendments as at 28 March 2008 PART 1—PRELIMINARY 1 Objectives The objectives of these Regulations are⎯ (a) to require the possession of assurance certificates, plant health certificates and plant health declarations in certain circumstances; (b) to require the presentation of certificates or declarations in certain circumstances; (c) to prescribe the manner of attaching a warning to seized or detained packages, plants or plant products; (d) to prescribe requirements for the reconditioning of used packages; (e) to specify activities for which inspectors can impose fees and charges; (f) to prescribe forms, penalties for infringement notices and other matters authorised by the Act. 2 Authorising provision These Regulations are made under section 72 of the Plant Health and Plant Products Act 1995. 3 Commencement These Regulations come into operation on 8 June 2006. 1 Part 1—Preliminary Plant Health and Plant Products Regulations 2006 S.R. No. 62/2006 r. 4 4 Revocation The following regulations are revoked⎯ (a) the Plant Health and Plant Products Regulations 19961; (b) the Plant Health and Plant Products (Amendment) Regulations 19972. 5 Definitions In these Regulations⎯ grape phylloxera means the pest Daktulosphaira vitifolii (Fitch); phylloxera exclusion zone means— (a) another State or a Territory the corresponding law of which (or a subordinate instrument under the corresponding law of which) has as one of its purposes the prevention of the entry of grape phylloxera into that State or Territory; or (b) 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, clarified or filtered grape juice and plant samples of the genus Vitis taken for diagnostic purposes; potato cyst nematode means the pest Globodera rostochiensis (Wollenweber) Skarbilovich; 2 Part 1—Preliminary Plant Health and Plant Products Regulations 2006 S.R. No. 62/2006 r. 5 root vegetable includes beetroot, carrot, parsnip, potato, radish, rutabaga, sweet potato, swede turnip and turnip; State department of agriculture includes a department in another State or Territory administering a corresponding law; the Act means the Plant Health and Plant Products Act 1995. 3 Part 2—Plant Pest and Disease Control Plant Health and Plant Products Regulations 2006 S.R. No. 62/2006 r. 6 PART 2—PLANT PEST AND DISEASE CONTROL 6 Prescribed materials The following plants, plant products, plant vectors, used packages, used agricultural equipment and soils are prescribed materials for the purposes of section 6 of the Act⎯ (a) material that is a host to an exotic pest or exotic disease in relation to which a restricted area is declared under section 20 of the Act; (b) a plant or plant product of the genus Vitis; (c) agricultural equipment used to cultivate, harvest, pack or process any plant or plant product of the genus Vitis; (d) a package used to contain any plant or plant product of the genus Vitis; (e) 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; (f) root vegetables, bulbs, nursery plants or seedlings that have been grown in soil or in a soil free medium in contact with soil; (g) agricultural equipment used to cultivate, harvest, pack or process root vegetables, bulbs, nursery plants or seedlings to which paragraph (f) applies; (h) a package used to contain any root vegetables, bulbs, nursery plants or seedlings to which paragraph (f) applies; 4 Part 2—Plant Pest and Disease Control Plant Health and Plant Products Regulations 2006 S.R. No. 62/2006 r. 7 (i) soil, including samples of soil for diagnostic purposes, in which root vegetables, bulbs, nursery plants or seedlings to which paragraph (f) applies have been grown. 7 Prescribed States and Territories For the purposes of section 6 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) These Regulations require compliance with section 6(1)(c) of the Act in respect of the material prescribed in regulation 6 other than the material set out in subregulation (2) of this regulation. (2) Compliance with section 6(1)(c) of the Act is not required by these Regulations in respect of the movement of⎯ (a) a plant or plant product of the genus Vitis from a phylloxera exclusion zone or from any State or Territory or part of a State or Territory for which a certificate is issued by an officer of the relevant State department of agriculture that contains the details required by subregulation (3) that grape phylloxera is known not to occur in the area where that plant or plant product was grown; or (b) agricultural equipment used to cultivate, harvest, pack or process any plant or plant product of the genus Vitis from a phylloxera exclusion zone or from any State or Territory or part of a State or Territory for which a certificate is issued by an officer of the 5 Part 2—Plant Pest and Disease Control Plant Health and Plant Products Regulations 2006 S.R. No. 62/2006 r. 8 relevant State department of agriculture that contains the details required by subregulation (3) and states that grape phylloxera is known not to occur in the area where that plant or plant product was grown; or (c) a package used to contain any plant or plant product of the genus Vitis from a phylloxera exclusion zone or from any State or Territory or part of a State or Territory for which a certificate is issued by an officer of the relevant State department of agriculture that contains the details required by subregulation (3) and states that grape phylloxera is known not to occur in the area where that plant or plant product was grown; or (d) soil, including samples of soil for diagnostic purposes, that originates from a property where plants or plant products of the genus Vitis are grown from a phylloxera exclusion zone or from any State or Territory or part of a State or Territory for which a certificate is issued by an officer of the relevant State department of agriculture that contains the details required by subregulation (3) and states that grape phylloxera is known not to occur in the area where that plant or plant product was grown; or (e) root vegetables, bulbs, nursery plants or seedlings from any State or Territory or part of a State or Territory for which a certificate is issued by an officer of the relevant State department of agriculture that contains the details required by subregulation (3) and states that potato cyst nematode is known not to occur in the area where the root vegetables, bulbs, nursery plants or seedlings were grown; or 6 Part 2—Plant Pest and Disease Control Plant Health and Plant Products Regulations 2006 S.R. No. 62/2006 r. 8 (f) agricultural equipment used to cultivate, harvest, pack or process root vegetables, bulbs, nursery plants or seedlings from any State or Territory or part of a State or Territory for which a certificate is issued by an officer of the relevant State department of agriculture that contains the details required by subregulation (3) and states that potato cyst nematode is known not to occur in the area where the root vegetables, bulbs, nursery plants or seedlings were grown; or (g) a package used to contain root vegetables, bulbs, nursery plants or seedlings from any State or Territory or part of a State or Territory for which a certificate is issued by an officer of the relevant State department of agriculture that contains the details required by subregulation (3) and states that potato cyst nematode is known not to occur in the area where the root vegetables, bulbs, nursery plants or seedlings were grown; or (h) soil, including samples of soil for diagnostic purposes, in which root vegetables, bulbs, nursery plants or seedlings have been grown from any State or Territory or part of a State or Territory for which a certificate is issued by an officer of the relevant State department of agriculture that contains the details required by subregulation (3) and states that potato cyst nematode is known not to occur in the area where the root vegetables, bulbs, nursery plants or seedlings were grown; or (i) a plant in tissue culture. 7 Part 2—Plant Pest and Disease Control Plant Health and Plant Products Regulations 2006 S.R. No. 62/2006 r. 9 (3) A certificate referred to in subregulation (2) must include the following details⎯ (a) the name of the relevant pest or disease that is known not to occur in the area where the plant or plant products, or the root vegetables, bulbs, nursery plants or seedlings in relation to which the certificate is issued was or were grown, packed or stored; (b) a description of the area referred to in paragraph (a); (c) the signature of the officer who issued the certificate and his or her position; (d) the name of the relevant State department of agriculture. 9 Prescribed place for inspection, examination and treatment For the purposes of section 6(1)(d) 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 6(2A)(b), (2B)(b) and (2C)(b) of the Act, the other prescribed particular for an assurance certificate, a plant health certificate or a plant health declaration is information that identifies the prescribed materials to which the certificate or declaration relates. 8 Part 2—Plant Pest and Disease Control Plant Health and Plant Products Regulations 2006 S.R. No. 62/2006 r. 11 11 Requirement to present certificate or declaration for inspection A person who is required by an inspector under section 6(1)(d) 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. 9 Part 3—Marking, Identification and Cleaning Plant Health and Plant Products Regulations 2006 S.R. No. 62/2006 r. 12 PART 3—MARKING, IDENTIFICATION AND CLEANING 12 Reconditioning and cleaning of used packages (1) For the purposes of section 34(1)(b)(ii) of the Act, an expanded polystyrene package is reconditioned in accordance with the regulations if the package⎯ (a) is free of all unwanted marks, brands and labels; and (b) is washed, scrubbed, or otherwise treated to remove all stains and traces of soil, dirt and waste matter from its surfaces. (2) For the purposes of section 34(1)(b)(ii) of the Act, a fibreboard package is reconditioned in accordance with the regulations if the package⎯ (a) is washed, wiped or otherwise treated to remove all stains and traces of soil, dirt and waste matter from its surfaces; and (b) is free of all old unwanted marks, brands and labels or the marks, brands and labels are covered so that they cannot be seen; and (c) is not turned inside out for reuse. 13 Prescribed fruit and vegetables for marking locality The fruit and vegetables listed in Schedule 1 are prescribed for the purposes of section 35(1)(e) of the Act. 14 Prescribed plants and plant products requiring identification for propagation For the purposes of section 39 of the Act, a berry cane, fruit tree, fruit tree budwood, garlic clove, potato tuber, strawberry runner, vine rootling and vine cutting are prescribed plants or plant products. 10 Part 3—Marking, Identification and Cleaning Plant Health and Plant Products Regulations 2006 S.R. No. 62/2006 r. 15 15 Warnings (1) For the purposes of section 52(1)(j) of the Act, the prescribed manner of attaching a warning to any package or any plants or plant products seized or detained by an inspector or inspection agent is to attach a label in the form in Schedule 2 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. 11 Part 4—Fees and Charges Plant Health and Plant Products Regulations 2006 S.R. No. 62/2006 r. 16 PART 4—FEES AND CHARGES 16 Fees and charges (1) An inspector may impose fees and charges at the amounts or rates fixed by the Minister under section 46 of the Act for⎯ (a) inspecting plants, plant products, packages or equipment; and (b) inspection of any land including the inspection of plants growing on the land; and (c) supervising the treatment of any plants, plant products, used packages, used agricultural equipment or land; and (d) supervising the destruction or disposal of any plants, plant products, used packages, plant refuse or used agricultural equipment. (2) The owner or the person apparently in charge of the consignment of plants, plant products, used packages, used agricultural equipment 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 46 of the Act for⎯ (a) the preparation of a compliance agreement; and (b) the monitoring of any compliance agreement entered into under section 43 of the Act to ensure it is complied with. (4) The person requesting the preparation of a compliance agreement must pay the fees and charges referred to in subregulation (3)(a). 12 Part 4—Fees and Charges Plant Health and Plant Products Regulations 2006 S.R. No. 62/2006 r. 16 (5) A party to a compliance agreement, other than the Crown, must pay the fees and charges referred to in subregulation (3)(b). 13 Part 5—Infringement Notices Plant Health and Plant Products Regulations 2006 S.R. No. 62/2006 r. 17 PART 5—INFRINGEMENT NOTICES 17 Prescribed offences (1) For the purposes of section 60(1) of the Act, an offence against regulation 15(2) is a prescribed offence. * * * * * Reg. 17(2) revoked by S.R. No. 115/2006 reg. 3(a). (3) For the purposes of section 63 of the Act, the penalty for an offence for which an infringement notice may be issued is the penalty listed opposite that offence in Schedule 4. 14 Plant Health and Plant Products Regulations 2006 S.R. No. 62/2006 Sch. 1 SCHEDULES SCHEDULE 1 Regulation 13 PRESCRIBED FRUIT AND VEGETABLES Abiu Pouteria caimito (Ruiz & Pavon) Radlk. [Sapotaceae] Acerola Malpighia glabra L. [Malpighiaceae] Malpighia emarginata Sessé & Moc. ex DC. [Malpighiaceae] Apple Malus domestica Bork L. [Rosaceae] Apricot Prunus armeniaca L. [Rosaceae] Avocado Persea americana Mill. [Lauraceae] Babaco Carica pentagona Heilborn [Caricaceae] Banana Musa acuminata Colla [Musaceae] Black Sapote Diospyros dignya Jacq. [Ebenaceae] Blackberry Rubus fruticosus L. [Rosaceae] Blueberry Vaccinium corymbosum L. [Ericaeae] Brazil Cherry Eugenia uniflora L. [Myrtaceae] Breadfruit Artocarpus altilis (Parkinson) Fosberg [Moraceae] Caimito (Star Apple) Chrysophyllum cainito L. [Sapotaceae] Cape Gooseberry Physalis peruviana L. [Solanaceae] Capsicum Capsicum L. [Solanaceae] Carambola (Starfruit) Averrhoa carambola L. [Oxalidaceae] Cashew Apple Anacardium occidentale L. [Anacardiaceae] Casimiro (White Sapote) Casimiroa edulis Llave & Lex. [Rutaceae] Cherimoya Annona cherimola Miller [Annonaceae] Cherry Prunus avium L. [Rosaceae] Chilli Capsicum annuum L. [Solanaceae] 15 Plant Health and Plant Products Regulations 2006 S.R. No. 62/2006 Sch. 1 Choko Sechium edule (Jacq.) Sw. [Cucurbitaceae] Citron Citrus medica L. [Rutaceae] Coffee Berry Coffea L. [Rubiaceae] Cumquat Fortunella japonica (Thunb.) Swingle [Rutaceae] Fortunella margarita (Lour.) Swingle [Rutaceae] Custard Apple Annona reticulata L. [Annonaceae] Date Phoenix dactylifera L. [Arecaceae] Dragon Fruit (Than Lung) Hylocereus undatus (Haw.) Britt. & Rose [Cactaceae] Durian Durio zibethinus Murray [Bombacaceae] Eggplant Solanum melongena L. [Solanaceae] Feijoa Acca sellowiana (O. Berg) O. Berg [Myrtaceae] Fig Ficus carica L. [Moraceae] Granadilla Passiflora quadrangularis L. [Passifloraceae] Grape Vitis vinifera L. [Vitaceae] Grapefruit Citrus × paradisi Macfad. (pro sp.) [Rutaceae] Grumichama Eugenia braziliensis Lam. [Myrtaceae] Guava Psidium guajava L. [Myrtaceae] Psidium cattleianum Sabine [Myrtaceae] Psidium friedrichsthalianum (O. Berg) Niedenzu [Myrtaceae] Hog Plum Prunus umbellata Ell. [Rosaceae] Jaboticaba Myrciaria cauliflora (C. Martius) O. Berg [Myrtaceae] Jackfruit Artocarpus heterophyllus Lam. [Moraceae] Kiwifruit Actinidia chinensis Planchon [Actinidiaceae] Lemon Citrus limon L. Burm. f. [Rutaceae] Lime Citrus aurantifolia (Christm.) Swingle [Rutaceae] Loganberry Rubus loganobaccus L.H. Bailey [Rosaceae] Longan Dimocarpus longan Lour. [Sapindaceae] 16 Plant Health and Plant Products Regulations 2006 S.R. No. 62/2006 Sch. 1 Loquat Eriobotrya japonica (Thunb.) Lindley [Rosaceae] Lychee Litchi chinensis Sonn. [Sapindaceae] Mandarin Citrus reticulata Blanco [Rutaceae] Mango Mangifera indica L. [Anacardiaceae] Mangosteen Garcinia mangostana L. [Clusiaceae] Medlar Mespilus germanica L. [Rosaceae] Miracle Fruit Synsepalum dulcificum (Schumacher & Thonn.) Daniell [Sapotaceae] Monstera Monstera deliciosa Liebm. [Araceae] Mulberry Morus nigra L. [Moraceae] Nashi Pyrus pyrifolia (Burm. F.) Nakai [Rosaceae] Nectarine Prunus persica (L.) Batsch var. nucipersica (Suckow) C. Schneider [Rosaceae] Olive Olea L. [Oleaceae] Orange Citrus sinensis (L.) Osbeck [Rutaceae] Passionfruit Passiflora edulis Sims [Passifloraceae] Pawpaw Carica papaya L. [Caricaceae] Peach Prunus persica (L.) Batsch [Rosaceae] Pear Pyrus communis L. [Rosaceae] Pepino Solanum muricatum Aiton [Solanaceae] Persimmon Diospyros kaki L.f. [Ebenaceae] Plum Prunus domestica L. [Rosaceae] Plumcot Prunus domestica x Prunus ameniaca [Rosaceae] Pomegranate Punica granatum L. [Punicaceae] Prickly Pear Opuntia stricta (Haw.) Haw. [Cactaceae] Pummelo Citrus maxima (Burm. f.) Merr. [Rutaceae] Quince Cydonia oblonga P. Mill. [Rosaceae] Rambutan Nephelium lappaceum L. [Sapindaceae] Raspberry Rubus idaeus L. [Rosaceae] 17 Plant Health and Plant Products Regulations 2006 S.R. No. 62/2006 Sch. 1 Rollinia Rollinia pulchrinervis A. DC. [Annonceae] Rollinia mucosa (Jacq.) Baill. [Annonceae] Sapodilla Manilkara zapota (L.) van Royen [Sapotaceae] Soursop Annona muricata L. [Annonceae] Strawberry Fragaria L. [Rosaceae] Sweetsop (Sugar Apple) Annona squamosa L. [Annonceae] Tamarillo Cyphomandra betacea (Cav) Sendtner [Solanaceae] Tangelo Citrus × tangelo J. Ingram & H. Moore [Rutaceae] Tomato Solanum lycopersicum L. [Solanaceae] Wax jambu (Rose Apple) Syzygium jambos L. Alston [Myrtaceae] 18 Plant Health and Plant Products Regulations 2006 S.R. No. 62/2006 Sch. 2 SCHEDULE 2 Regulation 15(1) WARNING STOP SALE The packages, plants or plant products to which this warning is attached do not comply with the Plant Health and Plant Products Act 1995. Any person selling or removing them or detaching this warning without the written consent of an inspector or defacing or obscuring this warning is guilty of an offence. Items Quantity Name of Inspector Signature of Inspector Date Time * * * * * Sch. 3 revoked by S.R. No. 115/2006 reg. 3(b). 19 Plant Health and Plant Products Regulations 2006 S.R. No. 62/2006 Sch. 4 SCHEDULE 4 Regulation 17(3) PENALTIES Provision of Act or Regulation Penalty Section 6(1) 5 penalty units in the case of a natural person 10 penalty units in the case of a body corporate Section 6(1A) 5 penalty units in the case of a natural person 10 penalty units in the case of a body corporate Section 6(2) 10 penalty units Section 9(4) 1 penalty unit Section 12(2) 5 penalty units in the case of a natural person 10 penalty units in the case of a body corporate Section 12(3) 5 penalty units in the case of a natural person 10 penalty units in the case of a body corporate Section 12(4) 5 penalty units in the case of a natural person 10 penalty units in the case of a body corporate Section 13(4) 2⋅5 penalty units in the case of a natural person 5 penalty units in the case of a body corporate Section 14(2) 5 penalty units in the case of a natural person 10 penalty units in the case of a body corporate 20 Plant Health and Plant Products Regulations 2006 S.R. No. 62/2006 Sch. 4 Provision of Act or Regulation Penalty Section 19(1) 5 penalty units in the case of a natural person 20 penalty units in the case of a body corporate Section 21(1) 5 penalty units in the case of a natural person 10 penalty units in the case of a body corporate Section 22(3) 5 penalty units Section 25 5 penalty units in the case of a natural person 20 penalty units in the case of a body corporate Section 29(4) 5 penalty units Section 32 5 penalty units Section 34(1) 5 penalty units Section 34(3) 5 penalty units Section 35(1) 5 penalty units Section 35(2) 5 penalty units Section 39 5 penalty units Section 41(1) 5 penalty units Section 42 5 penalty units Section 53(3) 5 penalty units Section 54(4) 5 penalty units Section 57(6) 5 penalty units Regulation 15(2) 1 penalty unit ═══════════════ 21 Plant Health and Plant Products Regulations 2006 S.R. No. 62/2006 Endnotes ENDNOTES 1. General Information The Plant Health and Plant Products Regulations 2006, S.R. No. 62/2006 were made on 6 June 2006 by the Governor in Council under section 72 of the Plant Health and Plant Products Act 1995, No. 51/1995 and came into operation on 8 June 2006: regulation 3. The Plant Health and Plant Products Regulations 2006 will sunset 10 years after the day of making on 6 June 2016 (see section 5 of the Subordinate Legislation Act 1994). 22 Plant Health and Plant Products Regulations 2006 S.R. No. 62/2006 Endnotes 2. Table of Amendments This Version incorporates amendments made to the Plant Health and Plant Products Regulations 2006 by statutory rules, subordinate instruments and Acts. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Plant Health and Plant Products (Amendment) Regulations 2006, S.R. No. 115/2006 Date of Making: 29.8.06 Date of Commencement: 29.8.06 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 23 Plant Health and Plant Products Regulations 2006 S.R. No. 62/2006 Endnotes 3. Explanatory Details 1 Reg. 4(a): S.R. No. 44/1996 as amended by S.R. No. 158/1997. 2 Reg. 4(b): S.R. No. 158/1997. 24