Plant Quarantine Regulations 2007

Plant Quarantine Regulations 2007 I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Plant Quarantine Act 1997. 25 June 2007 W. J. E. COX Governor By His Excellency's Command, D. E. LLEWELLYN Minister for Primary Industries and Water PART 1 - Preliminary 1. Short title These regulations may be cited as the Plant Quarantine Regulations 2007. 2. Commencement These regulations take effect on the seventh day after the day on which their making is notified in the Gazette. 3. Interpretation In these regulations, unless the contrary intention appears – "Act" means the Plant Quarantine Act 1997; "carrier" means the operator of any vessel entering Tasmania; "GST" has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth; "overtime hours" means, where a shift begins or ends outside working hours, the hours that – (a) immediately lead up to or follow on from working hours; and (b) make up part of that shift; "penalty hours" means the hours that make up a shift where the whole of the shift falls outside working hours; "unit of freight" means – (a) a container used to transport freight; or (b) a truck, trailer or other motor vehicle used to transport freight other than a motor vehicle that is a car brought into Tasmania on a ferry by an accompanying passenger; or (c) any other thing used to transport freight; or (d) any agricultural equipment or other machinery; or (e) any other thing that is freight in its own right; "working hours" means the period from 7 a.m. until 7 p.m. on any weekday other than a public holiday or bank holiday. PART 2 - Fees and charges 4. Fees and charges payable by carriers The fees and charges specified in Schedule 1 are prescribed as the fees and charges that are payable by carriers for the matters to which they respectively relate. 5. Fees and charges payable for requesting certificate of release The fees and charges specified in Schedule 2 are prescribed as the fees and charges that are payable by persons requesting a certificate of release under section 74 of the Act. 6. Fees and charges payable for applications under Act The fees and charges specified in Schedule 3 are prescribed as the fees and charges that are payable by persons making an application under the Act for the matters to which they respectively relate. 7. Fees include GST The fees and charges specified in Schedule 1, 2 and 3 (other than items 1 and 2 of Schedule 3) are GST inclusive. PART 3 - Miscellaneous 8. Offences under Act (1) The offences described in Column 2 of Schedule 4 under the respective sections specified in Column 1 of that Schedule are prescribed as the offences under the Act in respect of which infringement notices may be issued. (2) The penalties specified in Column 3 of Schedule 4 are prescribed as the penalties payable in respect of the prescribed offences to which the respective infringement notices relate. 9. See Schedule 5. SCHEDULE 1 - Fees and charges payable by carriers Regulation 4 Item Matter Fee (Fee units) 1. Examination of documents or vessel under the Act – (a) within working hours 12 per quarter-hour or part quarter-hour, for each inspector (b) outside working hours, and – (i) within overtime hours, on a – weekday or Saturday 18 per quarter-hour or part quarter-hour, for each inspector Sunday, public holiday or bank holiday 24 per quarter-hour or part quarter-hour, for each inspector (ii) within penalty hours on any day – for an examination lasting 4 hours or less 384 for each inspector for an examination lasting more than 4 hours 384 plus 24 per-quarter hour or part quarter-hour in excess of 4 hours, for each inspector 2. Examination of unit of freight under the Act 5 per unit of freight SCHEDULE 2 - Fees and charges payable by persons requesting certificate of release Regulation 5 Item Matter Fee (Fee units) 1. Examination of documents or examination, treatment or dealing with prescribed matter under the Act – (a) within working hours 12 per quarter-hour or part quarter-hour, for each inspector (b) outside working hours, and – (i) within overtime hours, on a – weekday or Saturday 18 per quarter-hour or part quarter-hour, for each inspector Sunday, public holiday or bank holiday 24 per quarter-hour or part quarter-hour, for each inspector (ii) within penalty hours on any day – for an examination lasting 4 hours or less 384 for each inspector for an examination lasting more than 4 hours 384 plus 24 per quarter-hour or part quarter-hour in excess of 4 hours, for each inspector SCHEDULE 3 - Fees and charges payable for applications under Act Regulation 6 Item Matter Fee (Fee units) 1. Application for permit under section 19 or 26 of the Act 45 2. Application for declaration of approved quarantine place under section 71of the Act 135 3. If an application under item 1 or 2 involves an examination of documents, prescribed matter or premises under the Act, in addition to the fee in that item, the fee for an examination set out in item 1 of Schedule 1 SCHEDULE 4 - Offences under Act Regulation 8 Column 1 Section of Act Column 2 General description of offence Column 3 Penalty units 14 Failing to notify List B pest or disease In case of – (a) body corporate – 10 (b) natural person – 5 15 Failing to notify new or unknown pest or disease In case of – (a) body corporate – 10 (b) natural person – 5 16 Possessing List A or List B pest or disease without written permission In case of – (a) body corporate – 10 (b) natural person – 5 22 Failing to comply with direction relating to quarantine area except in accordance with specified restriction or prohibition In case of – (a) body corporate – 10 (b) natural person – 5 27 Carrying out activity in infected area In case of – (a) body corporate – 10 (b) natural person – 5 28 Failing to comply with direction relating to infected area In case of – (a) body corporate – 10 (b) natural person – 5 31 Moving prescribed matter in or out of control area except in accordance with specified restriction or prohibition In case of – (a) body corporate – 10 (b) natural person – 5 32 Carrying out activity in control area except in accordance with specified restriction or prohibition In case of – (a) body corporate – 10 (b) natural person – 5 33(4) Failing to comply with notice relating to control area In case of – (a) body corporate – 10 (b) natural person – 5 34(2) Failing to comply with requirement relating to control area In case of – (a) body corporate – 5 (b) natural person – 3 37 Moving prescribed matter in or out of protected area except in accordance with specified restriction or prohibition or as authorised In case of – (a) body corporate – 10 (b) natural person – 5 39 Carrying out activity in protected area except in accordance with specified restriction or prohibition In case of – (a) body corporate – 10 (b) natural person – 5 47(3) Failing to comply with condition of control agreement In case of – (a) body corporate – 10 (b) natural person – 5 56(2) Failing to comply with direction of inspector In case of – (a) body corporate – 5 (b) natural person – 3 62(3) Failing to comply with direction relating to assistance or facilities In case of – (a) body corporate – 5 (b) natural person – 2 63 Refusing to give proper name and address or giving false name and address In case of – (a) body corporate – 5 (b) natural person – 3 68(2) Failing to comply with condition or restriction relating to importation In case of – (a) body corporate – 10 (b) natural person – 1 69 Importing, or allowing import of, List A or List B pest or disease In case of – (a) body corporate – 10 (b) natural person – 5 70(3) Entering, leaving or taking things into or out of approved quarantine place without authority In case of – (a) body corporate – 10 (b) natural person – 5 72(2) Removing, or allowing removal of, prescribed matter from approved quarantine place without authority In case of – (a) body corporate – 10 (b) natural person – 5 75(2) Failing to comply with requirement to assist In case of – (a) body corporate – 10 (b) natural person – 5 100(2) Failing to stop vehicle or keep vehicle stationary In case of – (a) body corporate – 10 (b) natural person – 5 100(3) Damaging, defacing, removing or interfering with sign In case of – (a) body corporate – 10 (b) natural person – 5 101 Moving, destroying or interfering with trap or equipment In case of – (a) body corporate – 10 (b) natural person – 5 103 Failing to comply with requirement relating to records In case of – (a) body corporate – 10 (b) natural person – 5 SCHEDULE 5 The amendments effected by Regulation 9 and this Schedule have been incorporated into the authorised version of the Plant Quarantine Regulations 1998. Displayed and numbered in accordance with the Rules Publication Act 1953. Notified in the Gazette on 4 July 2007. These regulations are administered in the Department of Primary Industries and Water. Table Of Amendments Citation Serial Number Date of commencement Plant Quarantine Regulations 2007 S.R. 2007, No. 52 11.7.2007