Plant Biosecurity Regulations 2012

Authorised by the Chief Parliamentary Counsel i Authorised Version No. 003 Plant Biosecurity Regulations 2012 S.R. No. 49/2012 Authorised Version incorporating amendments as at 1 July 2015 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 8A Requirement to present prescribed material for inspection, examination and treatment 6 9 Prescribed place for inspection, examination and treatment 7 10 Prescribed particulars for certificates and declarations 7 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 11 16 Prescribed offences and penalties 11 Authorised by the Chief Parliamentary Counsel Regulation Page ii Schedules 12 Schedule 1—Prescribed plants 12 Schedule 2—Prescribed fruit and vegetables 13 Schedule 3—Warning—Stop sale 16 Schedule 4—Infringement Offences and Infringement Penalties 17 ═══════════════ Endnotes 20 1 General information 20 2 Table of Amendments 21 3 Amendments Not in Operation 22 4 Explanatory details 23 Authorised by the Chief Parliamentary Counsel 1 Authorised Version No. 003 Plant Biosecurity Regulations 2012 S.R. No. 49/2012 Authorised Version incorporating amendments as at 1 July 2015 PART 1—PRELIMINARY 1 Objectives The objectives of these Regulations are— (a) to require possession of an assurance certificate, a plant health certificate or a plant health declaration in certain circumstances and to provide exemptions from this requirement; (b) to prescribe particulars for assurance certificates, plant health certificates and plant health declarations in certain circumstances; (c) to require the presentation of prescribed material, certificates or declarations in certain circumstances; (d) to prescribe the manner of attaching a warning to seized or detained packages, plants or plant products; (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. Reg. 1(a) substituted by S.R. No. 80/2015 reg. 5(1). Reg. 1(c) amended by S.R. No. 80/2015 reg. 5(2). Authorised by the Chief Parliamentary Counsel Part 1—Preliminary Plant Biosecurity Regulations 2012 S.R. No. 49/2012 2 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); 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 Authorised by the Chief Parliamentary Counsel Part 1—Preliminary Plant Biosecurity Regulations 2012 S.R. No. 49/2012 3 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. Authorised by the Chief Parliamentary Counsel Part 2—Plant pest and disease control Plant Biosecurity Regulations 2012 S.R. No. 49/2012 4 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; Authorised by the Chief Parliamentary Counsel Part 2—Plant pest and disease control Plant Biosecurity Regulations 2012 S.R. No. 49/2012 5 (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(1C) of the Act, a person must comply with paragraph (a) of that subsection in respect of all prescribed material unless— (a) the prescribed material is specified in subregulation (1A); or (b) regulation 8A applies to the person. (1A) For the purposes of subregulation (1)(a), the following prescribed materials are specified— (a) material prescribed under regulation 6(a) or (d) that originates from a phylloxera exclusion zone; (b) prescribed material used for the culture, harvesting, packing or processing of any plant or plant product of the genus Vitis that is from a phylloxera exclusion zone; (c) prescribed material 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; Reg. 8(1) substituted by S.R. No. 80/2015 reg 6. Reg. 8(1A) inserted by S.R. No. 80/2015 reg 6. Authorised by the Chief Parliamentary Counsel Part 2—Plant pest and disease control Plant Biosecurity Regulations 2012 S.R. No. 49/2012 6 (d) material prescribed under regulation 6(a), (b), (c) or (d) that originates from an area for which an area freedom certificate has been issued in relation to grape phylloxera; (e) material prescribed under regulation 6(e), (f), (g) or (h) that originates from an area for which an area freedom certificate has been issued in relation to potato cyst nematode; (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. 8A Requirement to present prescribed material for inspection, examination and treatment For the purposes of section 8(1C) of the Act, a person must comply with paragraph (b) of that section if the prescribed material in the person's possession is not specified in regulation 8(1A) and the person— (a) is not in possession of an assurance certificate, a plant health certificate or a plant health declaration for the prescribed material; or Reg. 8A inserted by S.R. No. 80/2015 reg. 7. Authorised by the Chief Parliamentary Counsel Part 2—Plant pest and disease control Plant Biosecurity Regulations 2012 S.R. No. 49/2012 7 (b) is in possession of an assurance certificate for the prescribed material which does not comply with section 11 of the Act; or (c) is in possession of a plant health certificate for the prescribed material which does not comply with section 12 of the Act; or (d) is in possession of a plant health declaration for the prescribed material which does not comply with section 13 of the Act. 9 Prescribed place for inspection, examination and treatment For the purposes of section 8(1C)(b) 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. 11 Requirement to present certificate or declaration for inspection A person who is required under regulation 8A(b), (c) or (d) 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: 5 penalty units. Reg. 9 amended by S.R. No. 80/2015 reg. 8. Reg. 11 amended by S.R. Nos 80/2015 regs 9, 10. Authorised by the Chief Parliamentary Counsel Part 3—Property identification codes Plant Biosecurity Regulations 2012 S.R. No. 49/2012 8 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. Authorised by the Chief Parliamentary Counsel Part 4—Marking and identification Plant Biosecurity Regulations 2012 S.R. No. 49/2012 9 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. Authorised by the Chief Parliamentary Counsel Part 5—Fees and charges Plant Biosecurity Regulations 2012 S.R. No. 49/2012 10 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). (6) A party to a compliance agreement, other than the Crown, must pay the fees and charges referred to in subregulation (4). Authorised by the Chief Parliamentary Counsel Part 6—Infringement notices Plant Biosecurity Regulations 2012 S.R. No. 49/2012 11 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. Authorised by the Chief Parliamentary Counsel Schedules Plant Biosecurity Regulations 2012 S.R. No. 49/2012 12 SCHEDULES SCHEDULE 1 Regulation 12 PRESCRIBED PLANTS Chestnuts (where the growing area contains not less than 20 chestnut plants) Grapevines (where the growing area is not less than 0·5 hectares) Sch. 1 amended by S.R. No. 23/2015 reg. 4. Authorised by the Chief Parliamentary Counsel Schedules Plant Biosecurity Regulations 2012 S.R. No. 49/2012 13 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 Coffee Berry Authorised by the Chief Parliamentary Counsel Schedules Plant Biosecurity Regulations 2012 S.R. No. 49/2012 14 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 Monstera Authorised by the Chief Parliamentary Counsel Schedules Plant Biosecurity Regulations 2012 S.R. No. 49/2012 15 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 Tangelo Tomato Wax jambu (Rose Apple) Authorised by the Chief Parliamentary Counsel Schedules Plant Biosecurity Regulations 2012 S.R. No. 49/2012 16 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 Authorised by the Chief Parliamentary Counsel Schedules Plant Biosecurity Regulations 2012 S.R. No. 49/2012 17 SCHEDULE 4 Regulation 16 INFRINGEMENT OFFENCES AND INFRINGEMENT PENALTIES In this Schedule— relevant prescribed material means material prescribed under regulation 6(a), (b), (d), (e), (f), (h) or (i). Item Column 1 Offence Column 2 Infringement Penalty 1AA Section 8(1) if the offence involves relevant prescribed material 2 penalty units in the case of a natural person 10 penalty units in the case of a body corporate 1AB Section 8(1A) if the offence involves relevant prescribed material 2 penalty units in the case of a natural person 10 penalty units in the case of a body corporate 1AC Section 8(1B) if the offence involves relevant prescribed material 2 penalty units in the case of a natural person 10 penalty units in the case of a body corporate 1 Section 9(1) if the offence involves relevant prescribed material 2 penalty units in the case of a natural person 10 penalty units in the case of a body corporate 2 Section 10(1) if the offence involves relevant prescribed material 5 penalty units 3 Section 15(1) 2 penalty units 4 Section 15(5) 1 penalty units 5 Section 20(2) 2 penalty units Sch. 4 amended by S.R. No. 80/2015 reg. 11. Authorised by the Chief Parliamentary Counsel Schedules Plant Biosecurity Regulations 2012 S.R. No. 49/2012 18 Item Column 1 Offence Column 2 Infringement Penalty 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 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 14A Section 38(2) 2 penalty units in the case of a natural person 10 penalty units in the case of a body corporate Authorised by the Chief Parliamentary Counsel Schedules Plant Biosecurity Regulations 2012 S.R. No. 49/2012 19 Item Column 1 Offence Column 2 Infringement Penalty 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 ═══════════════ Authorised by the Chief Parliamentary Counsel Endnotes Plant Biosecurity Regulations 2012 S.R. No. 49/2012 20 Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. The Plant Biosecurity Regulations 2012 were made on 18 June 2012 by the Lieutenant-Governor as the Governor's deputy with the advice of the Executive Council under section 141 of the Plant Biosecurity Act 2010, No. 60/2010 and came into operation on 1 July 2012: regulation 3. The Plant Biosecurity Regulations 2012 will sunset 10 years after the day of making on 18 June 2022 (see section 5 of the Subordinate Legislation Act 1994). Authorised by the Chief Parliamentary Counsel Endnotes Plant Biosecurity Regulations 2012 S.R. No. 49/2012 21 2 Table of Amendments This publication incorporates amendments made to the Plant Biosecurity Regulations 2012 by statutory rules, subordinate instruments and Acts. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Plant Biosecurity Amendment Regulations 2015, S.R. No. 23/2015 Date of Making: 14.4.15 Date of Commencement: 20.4.15: reg. 3 Plant Biosecurity Further Amendment Regulations 2015, S.R. No. 80/2015 Date of Making: 30.6.15 Date of Commencement: 1.7.15: reg. 3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Authorised by the Chief Parliamentary Counsel Endnotes Plant Biosecurity Regulations 2012 S.R. No. 49/2012 22 3 Amendments Not in Operation Not updated for this publication. Authorised by the Chief Parliamentary Counsel Endnotes Plant Biosecurity Regulations 2012 S.R. No. 49/2012 23 4 Explanatory details 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. The value of a penalty unit for the financial year commencing 1 July 2015 is $151.67. 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.