Biosecurity (Costs) Regulations 2010

2010/135 Biosecurity (Costs) Regulations 2010 Anand Satyanand, Governor-General Order in Council At Wellington this 31st day of May 2010 Present: His Excellency the Governor-General in Council Pursuant to section 165 of the Biosecurity Act 1993, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council and on the advice of the Minister for Biose curity given after consultation in accordance with section 165(2) of that Act, makes the following regulations. Contents Page 1 Title 2 2 Commencement 2 3 Interpretation 2 General provisions 4 Costs payable to Director-General 5 5 Costs inclusive of GST 5 6 Payment of costs 5 1 http://www.legislation.govt.nz/pdflink.aspx?id=DLM316753 r 1 Biosecurity (Costs) Regulations 2010 2010/135 Calculation of costs 7 Hourly rate costs 5 8 Travel costs 6 9 Waiting-time costs 7 10 Call-out costs 7 Other provisions 11 Inspector to decide whether goods imported for personal use of importer 8 12 Waiver of costs 9 Revocation 13 Revocation 9 Schedule 10 Costs payable for activities Regulations 1 Title These regulations are the Biosecurity (Costs) Regulations 2010. 2 Commencement These regulations come into force on 1 July 2010. 3 Interpretation (1) In these regulations, unless the context otherwise requires,— Act means the Biosecurity Act 1993 activity means the performance or exercise, by a general in spector, a veterinary inspector, or a biosecurity adviser, of any function, power, or duty prescribed in the second column of the Schedule animal means anything that is— (a) a living stage of an organism that is a member of the animal kingdom; or (b) the carcass, egg, or semen of an organism that is a mem ber of the animal kingdom 2 http://www.legislation.govt.nz/pdflink.aspx?id=DLM314622 2010/135 Biosecurity (Costs) Regulations 2010 r 3 animal material— (a) means organic material that is derived from, or is an excretion or a secretion of, an animal; but (b) does not include organic material if an inspector is sat isfied that it has been treated so that it is free of any unwanted organism assistance animal means an animal that is trained to assist a person with a disability biosecurity adviser means a person whose role includes— (a) issuing permits required under import health standards; or (b) approving transitional and containment facilities and their operators cleared means given a clearance, under section 26 of the Act, for the entry of goods into New Zealand consignmentmeans all goods listed on the documentation ac companying the goods directly, in relation to an animal or animal material imported into New Zealand from a country that is a member of the Euro pean Community,— (a) includes — (i) an animal or animal material that remains on board the aircraft or vessel transporting the ani mal or animal material while in transit in a coun try that is not a member of the European Com munity en route to New Zealand; and (ii) animal material that disembarks the aircraft or vessel transporting the animal material while in transit in a country that is not a member of the European Community en route to New Zealand and that— (A) remains in the original container; or (B) is not repacked; but (b) does not include an animal that disembarks the aircraft or vessel transporting the animal while in transit in a country that is not a member of the European Commu nity en route to New Zealand 3 http://www.legislation.govt.nz/pdflink.aspx?id=DLM315292 r 3 Biosecurity (Costs) Regulations 2010 2010/135 European Community has the same meaning as in clause 3(1) of the Diplomatic Privileges (EC) Order 2004 general inspector means an inspector who is not a veterinary inspector inspectormeans a person appointed under the Act as a general inspector or a veterinary inspector machinery has the same meaning as in section 2(1) of the Health and Safety in Employment Act 1992 moped has the same meaning as in section 2(1) of the Trans port (Vehicle and Driver Registration and Licensing) Act 1986 motor cycle has the same meaning as in section 2(1) of the Transport (Vehicle and Driver Registration and Licensing) Act 1986 motor vehicle has the same meaning as in section 2(1) of the Transport (Vehicle and Driver Registration and Licensing) Act 1986 but does not include— (a) machinery; or (b) agricultural vehicles (including tractors, combine har vesters, and other vehicles designed primarily for use on a farm) pet animal means an animal that is not intended for commer cial use plant means a member of the plant kingdom reasonable costs means costs that have been calculated to cover a number of actual business expenses that relate to a particular activity or service (for example, wrapping or pack aging) ruminant protein control programme has the samemeaning as registered programme in regulation 2 of the Biosecurity (Ruminant Protein) Regulations 1999 veterinary inspector means an inspector who is registered as a veterinarian or a specialist under the Veterinarians Act 2005. (2) In these regulations, a term or expression used that is defined in the Act and used, but not defined, in these regulations has the same meaning as in the Act. 4 http://www.legislation.govt.nz/pdflink.aspx?id=DLM248664 http://www.legislation.govt.nz/pdflink.aspx?id=DLM248664 http://www.legislation.govt.nz/pdflink.aspx?id=DLM278835 http://www.legislation.govt.nz/pdflink.aspx?id=DLM90420 http://www.legislation.govt.nz/pdflink.aspx?id=DLM90420 http://www.legislation.govt.nz/pdflink.aspx?id=DLM90420 http://www.legislation.govt.nz/pdflink.aspx?id=DLM1480 http://www.legislation.govt.nz/pdflink.aspx?id=DLM363858 2010/135 Biosecurity (Costs) Regulations 2010 r 7 General provisions 4 Costs payable to Director-General Costs payable under these regulations must be paid, on de mand, to the Director-General. 5 Costs inclusive of GST Costs payable under these regulations are inclusive of goods and services tax. 6 Payment of costs (1) Costs are payable under these regulations— (a) for any activity prescribed in the second column of the Schedule; and (b) at the rate specified for the activity in the third column of the Schedule; and (c) by the person specified in the fourth column of the Schedule. (2) Costs are also payable for— (a) travel, under regulation 8: (b) waiting time, under regulation 9: (c) call-outs, under regulation 10. (3) Costs payable for the activities specified in items 13 and 15 of the Schedule are, if an inspector requires, payable in advance of the activities being carried out. (4) This regulation is subject to regulation 12 (which relates to waiver of costs). Calculation of costs 7 Hourly rate costs (1) Costs specified in these regulations as payable at an hourly rate must be calculated by— (a) adding together the total number of 15-minute units spent by an inspector or a biosecurity adviser on an ac tivity, travel, waiting, or a call-out, as the case may be; and (b) multiplying the total number of units by 25% of the applicable hourly rate. 5 r 8 Biosecurity (Costs) Regulations 2010 2010/135 (2) To avoid doubt, a minimum charge of 25% of the hourly rate is payable if the time spent by an inspector or a biosecurity adviser is 15 minutes or less. (3) In this regulation, 15-minute unitmeans any period of 15min utes or less. 8 Travel costs (1) Travel costs are payable for an activity that requires an in spector or a biosecurity adviser to leave his or her base or, in the case of a call-out under regulation 10, any other place. (2) Travel costs are— (a) $72 for an activity at a site that is 10 km radius or less from the base (or an equal share of that cost if more than 1 activity is carried out at the same site): (b) $100 for an activity at a site that is more than 10 km radius, but not more than 25 km radius, from the base (or an equal share of that cost if more than 1 activity is carried out at the same site): (c) $163 for an activity at a site that is more than 25 km radius, but not more than 50 km radius, from the base (or an equal share of that cost if more than 1 activity is carried out at the same site): (d) to be calculated in accordance with subclause (3) for an activity at a site that is more than 50 km radius from the base. (3) Travel costs for an activity at a site that is more than 50 km radius from the inspector’s or the biosecurity adviser’s base must be calculated by adding together— (a) costs calculated at the applicable hourly rate for the time that the inspector or biosecurity adviser has spent away from his or her base (or an equal share of that time if the activity is carried out at more than 1 site); and (b) costs at the rate of 69 cents per kilometre for the distance travelled by the inspector or biosecurity adviser (or an equal share of that distance if the activity is carried out at more than 1 site); and (c) any actual and reasonable costs associated with the ac tivity, including accommodation, airfares, andmeals (or 6 2010/135 Biosecurity (Costs) Regulations 2010 r 10 an equal share of those associated costs if the activity is carried out at more than 1 site). (4) The hourly rate for travel costs for an inspector or a biosecurity adviser is $100. (5) Travel costs are payable— (a) by the person, specified in the fourth column of the Schedule, responsible for paying the costs of the activ ity; and (b) in addition to any other costs required to be paid under these regulations. 9 Waiting-time costs (1) Waiting-time costs are payable for an inspector or a biosecurity adviser who— (a) arrives at a site, at a designated time, to undertake an activity; and (b) discovers that the goods that are to be the subject of the activity are not available. (2) Waiting-time costs are payable, at the applicable hourly rate,— (a) for each inspector or biosecurity adviser involved in the activity; and (b) for the time each inspector or biosecurity adviser spends in waiting for the goods to become available. (3) The hourly rate for waiting-time costs for an inspector or a biosecurity adviser is $100. (4) Waiting-time costs are payable— (a) by the person, specified in the fourth column of the Schedule, responsible for paying the costs of the activ ity; and (b) in addition to any other costs required to be paid under these regulations. 10 Call-out costs (1) Call-out costs are payable for an inspector or a biosecurity adviser who, having left his or her place of work, has been recalled to duty for the purpose of carrying out an activity. (2) Call-out costs are payable,— 7 r 11 Biosecurity (Costs) Regulations 2010 2010/135 (a) at the applicable hourly rate, for each inspector or bio security adviser recalled for the duration of the recall period: (b) at the applicable daily rate, for each inspector or biose curity adviser recalled on a public holiday as specified in section 44 of the Holidays Act 2003. (3) The hourly rates for call-out costs are— (a) $114 for an inspector or a biosecurity adviser working at 1.5 times his or her hourly rate: (b) $128 for an inspector or a biosecurity adviser working at 2 times his or her hourly rate. (4) The daily rate for call-out costs on a public holiday is $224 per day in addition to the applicable hourly rate in subclause (3)(a) or (b). (5) Call-out costs are payable— (a) by the person, specified in the fourth column of the Schedule, responsible for paying the costs of the activ ity; and (b) in addition to any other costs required to be paid under these regulations. Other provisions 11 Inspector to decide whether goods imported for personal use of importer (1) An inspector must decide whether, in his or her opinion, the goods specified in the second column of items 1, 6, and 7 of the Schedule are goods being imported for the personal use of the importer. (2) In forming his or her opinion, an inspector must take into ac count the following matters: (a) the nature of the goods; and (b) the quantity of the goods; and (c) the intended use of the goods after importation; and (d) the requirements of subclauses (3) and (4). (3) An inspector must treat the goods as being imported for the personal use of the importer, if the goods are— (a) personal baggage and effects: 8 http://www.legislation.govt.nz/pdflink.aspx?id=DLM237120 2010/135 Biosecurity (Costs) Regulations 2010 r 13 (b) household goods that are not intended for any 1 or more of the uses specified in subclause (4). (4) An inspector must treat the goods as being imported for a pur pose other than for the personal use of the importer, if the goods are being imported for— (a) trade or reward: (b) testing or analysis: (c) distribution to other persons (unless the distribution is in the nature of a personal gift). 12 Waiver of costs (1) The Director-General may, if satisfied that either of the cir cumstances in subclause (2) exists,— (a) waive, in whole or in part, the payment of any costs required by these regulations to be paid; and (b) if all or part of those costs have already been paid, re fund all of the amount paid to the person who paid it. (2) The circumstances are— (a) that the work actually done does not justify the payment (or full payment) of the costs concerned; or (b) special circumstances that apply to the particular case. Revocation 13 Revocation The Biosecurity (Costs) Regulations 2006 (SR 2006/216) are revoked. 9 http://www.legislation.govt.nz/pdflink.aspx?id=DLM400523 Schedule Biosecurity (Costs) Regulations 2010 2010/135 Schedule r 6 Costs payable for activities Item Function, power, or duty for which costs are payable Costs Costs payable by Inspection of goods generally 1 Inspection of goods (except goods imported for the per sonal use of the importer) for the purpose of ascertaining whether those goods should be cleared $100 per hour for each inspector in volved Importer Tests, examinations, and treatment of goods that harbour ormay harbour organisms 2 Tests, examinations, and treat ments of imported goods, that harbour, or may harbour, an organism, that are— (a) carried out by theMin istry; and (b) necessary to identify the organism, so as to enable an inspector to decide whether the goods should— (i) be cleared; or (ii) be moved from a transi tional facility to a contain ment facility; or (iii) continue to be held in a transitional or containment facility (as the case may be) $100 per hour for each inspector in volved; and actual and reasonable costs of the tests, examinations, and treatments Importer 10 2010/135 Biosecurity (Costs) Regulations 2010 Schedule Item Function, power, or duty for which costs are payable Costs Costs payable by Inspection of motor cycles, mopeds, and motor vehicles at ports approved as places of first arrival 3 Inspection, and each re-in spection after treatment, of a consignment of a single used motor cycle or moped carried out at ports approved as places of first arrival under section 37 of the Act for the purpose of ascertaining whether the con signment should be cleared $16 per motor cycle or moped Importer 4 Inspection, and each re-in spection after treatment, of a consignment of a single used motor vehicle having a gross laden weight not exceeding 3 500 kg (other than a motor cycle or moped) carried out at ports approved as places of first arrival under section 37 of the Act for the purpose of ascertaining whether the con signment should be cleared $40.50 per motor vehicle Importer 5 Inspection, and each re-in spection after treatment, of a consignment of a single used motor vehicle having a gross laden weight exceed ing 3 500 kg carried out at ports approved as places of first arrival under section 37 of the Act for the purpose of ascertaining whether the con signment should be cleared $57 per motor ve hicle Importer Inspection of unaccompanied goods imported for personal use 6 $25 for 1 item Importer $50 for 2 to 4 items $100 for 5 to 12 items Inspection of unaccompanied goods imported for personal use of the importer for the pur pose of ascertaining whether those goods should be cleared $130 for 13 to 20 items $155 for 21 to 28 items 11 http://www.legislation.govt.nz/pdflink.aspx?id=DLM315317 http://www.legislation.govt.nz/pdflink.aspx?id=DLM315317 http://www.legislation.govt.nz/pdflink.aspx?id=DLM315317 Schedule Biosecurity (Costs) Regulations 2010 2010/135 Item Function, power, or duty for which costs are payable Costs Costs payable by $180 for 29 to 36 items $25 for each block or part block of 8 items exceeding 36 items Inspection of goods not prescribed elsewhere in Schedule 7 Inspection, and each re-in spection after treatment of any goods (except accompanied goods imported for the per sonal use of the importer) that are required to be inspected under the Act for the pur pose of ascertaining whether the goods should be cleared, and for which costs are not prescribed elsewhere in the Schedule $100 per hour for each inspector in volved Importer Monitoring controls on new organisms and inspection of ani mals, animal material, or plants 8 $100 per hour for each inspector in volved Monitoring controls on new organisms in containment fa cilities $96.10 per hour for each veterin ary inspector in volved in inspect ing an animal or animal material imported directly from a country that is a member of the European Community Person holding an approval (issued under the Haz ardous Substances and New Organ isms Act 1996) to import the organ ism into contain ment, or to hold the organism in containment; or (where there is no approval) the im porter or owner of the organism or the goods that har bour the organism 12 http://www.legislation.govt.nz/pdflink.aspx?id=DLM381221 http://www.legislation.govt.nz/pdflink.aspx?id=DLM381221 http://www.legislation.govt.nz/pdflink.aspx?id=DLM381221 http://www.legislation.govt.nz/pdflink.aspx?id=DLM381221 2010/135 Biosecurity (Costs) Regulations 2010 Schedule Item Function, power, or duty for which costs are payable Costs Costs payable by 9 $100 per hour for each inspector involved in in specting an animal imported from a country that is not a member of the European Com munity ImporterInspection of an animal that is intended to be cleared, or di rected to a transitional or con tainment facility, on arrival $28.70 per animal imported directly from a country that is a member of the European Community $40 per pet animal imported from a country that is not a member of the European Com munity No fee applies in relation to an as sistance animal imported from any country, if the animal is accom panying a person who requires ani mal assistance 10 Inspection of an animal that— (a) is on board a craft within New Zealand territory; and (b) is not intended to be cleared $100 per hour for each inspector in volved Operator of craft 13 Schedule Biosecurity (Costs) Regulations 2010 2010/135 Item Function, power, or duty for which costs are payable Costs Costs payable by 11 $100 per hour for each inspector in volved ImporterInspection and monitoring of an animal or plant held in a transitional or containment fa cility for the purpose of as certaining whether the animal should— (a) be cleared; or (b) be moved from a tran sitional facility to a containment facility; or (c) continue to be held in a transitional or contain ment facility, as the case may be $96.10 per hour for each veterin ary inspector in volved in inspect ing an animal im ported directly from a country that is a member of the European Community 12 $100 per hour for each inspector in volved in inspect ing a consignment of animal material imported from a country that is not a member of the European Com munity ImporterInspection of a consignment of animal material (other than fish meal) for the purpose of ascertaining whether it should be cleared $28.70 for in spection of docu ments for each consignment im ported directly from a country that is a mem ber of the Euro pean Community; and $57.40 for other types of in spection for each consignment im ported directly from a country that is a member of the European Community 14 2010/135 Biosecurity (Costs) Regulations 2010 Schedule Item Function, power, or duty for which costs are payable Costs Costs payable by Treatment, destruction, or disposal of risk goods 13 Treatment, before being cleared, of risk goods im ported— (a) in a person’s baggage (whether or not the baggage is accompan ied); or (b) through the mail; or (c) among personal ef fects Actual and rea sonable costs of treatment; and any costs of packag ing, storing, for warding, and re turning the goods before and after treatment Importer 14 Treatment of imported risk goods, other than risk goods specified in item 13 Actual and rea sonable costs of treatment; and any costs of packag ing, storing, for warding, and re turning the goods before and after treatment Importer 15 Destruction, transportation, re-shipment, or other disposal of goods Actual and rea sonable costs of destruction, trans portation, re-ship ment, or other dis posal Importer 16 Supervising, or advising on, destruction, transportation, re-shipment, or other disposal of goods $100 per hour for each inspector and biosecurity ad viser involved Importer Permits issued under import health standards 17 Processing an application for a permit, or amendment to a per mit, under import health stand ards $163 for each application pro cessed Applicant 15 Schedule Biosecurity (Costs) Regulations 2010 2010/135 Item Function, power, or duty for which costs are payable Costs Costs payable by Transitional and containment facilities 18 Processing an application for approval of a transitional or containment facility, or a facil ity operator $100 per hour for each inspector or biosecurity ad viser involved Applicant 19 Inspection and compliance auditing of a transitional or containment facility, to as certain whether it should be approved, or continue to be approved, under section 39 of the Act $100 per hour for each inspector or biosecurity ad viser involved Applicant or facil ity operator (as the case may be) 20 Investigation and compliance auditing of a facility operator, or proposed operator, to ascer tain whether the operator or proposed operator should be approved, or continue to be ap proved, under section 40 of the Act $100 per hour for each inspector or biosecurity ad viser involved Applicant or facil ity operator (as the case may be) 21 Assessing results obtained from inspection and compli ance auditing of a transitional or containment facility, de termining whether to confirm that the facility can continue to be approved under section 39 of the Act and, if appro priate, issuing confirmation documentation $160 per annum for each registered facility Facility operator Auditing a ruminant protein control programme 22 Investigation and compliance auditing of a ruminant pro tein control programme under regulation 7A of the Biosecur ity (Ruminant Protein) Regu lations 1999 $149.60 per hour for each inspector or authorised per son involved who is employed under the State Sector Act 1988 or who is an agent of, or contracted to, the Ministry Operator 16 http://www.legislation.govt.nz/pdflink.aspx?id=DLM315329 http://www.legislation.govt.nz/pdflink.aspx?id=DLM315329 http://www.legislation.govt.nz/pdflink.aspx?id=DLM315329 http://www.legislation.govt.nz/pdflink.aspx?id=DLM129109 http://www.legislation.govt.nz/pdflink.aspx?id=DLM129109 2010/135 Biosecurity (Costs) Regulations 2010 Schedule Item Function, power, or duty for which costs are payable Costs Costs payable by Functions, powers, and duties not prescribed elsewhere in Schedule 23 Performing a function, power, or duty— (a) required to be under taken under the Act or regulations made under the Act; and (b) not prescribed else where in the Schedule $100 per hour for each inspector and biosecurity ad viser involved Person whose ac tions result in the function being re quired Rebecca Kitteridge, Clerk of the Executive Council. Explanatory note This note is not part of the regulations, but is intended to indicate their general effect. These regulations, which come into force on 1 July 2010, prescribe matters in respect of which costs are recoverable under the Biose curity Act 1993. They replace the Biosecurity (Costs) Regulations 2006. Issued under the authority of the Acts and Regulations Publication Act 1989. Date of notification in Gazette: 3 June 2010. These regulations are administered by the Ministry of Agriculture and Forestry. 12 Wellington, New Zealand: Published under the authority of the New Zealand Government—2010 17 http://www.legislation.govt.nz/pdflink.aspx?id=DLM314622 http://www.legislation.govt.nz/pdflink.aspx?id=DLM314622 http://www.legislation.govt.nz/pdflink.aspx?id=DLM400523 http://www.legislation.govt.nz/pdflink.aspx?id=DLM400523 http://www.legislation.govt.nz/pdflink.aspx?id=DLM195097