Queensland Subordinate Legislation as Made

BIOSECURITY REGULATION 2016

- Made under the Biosecurity Act 2014
- As at 17 June 2016
- Reg 75 of 2016

TABLE OF PROVISIONS

CHAPTER 1 - PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Definitions

CHAPTER 2 - BIOSECURITY OBLIGATIONS

   PART 1 - PROHIBITED AND RESTRICTED MATTER REGULATIONS

   4.      Prohibited matter—Act, s 30(1)(a)
   5.      Restricted matter—Act, ss 39(1)(a) and 40

   PART 2 - CODES OF PRACTICE

           Division 1 - Labelling of fertilisers and contaminants in fertilisers

   6.      Code of practice about labelling of fertilisers and contaminants in fertilisers—Act, s 104(1)
   7.      Effect of code of practice—Act, s 26(1)

           Division 2 - Feed for food producing animals

   8.      Code of practice for feed about food producing animals—Act, s 104(1)
   9.      Effect of code of practice—Act, s 26(1)

   PART 3 - OBLIGATIONS RELATING TO RESTRICTED MATTER

           Division 1 - Category 3 restricted matter

              Subdivision 1 - Disposing of category 3 restricted matter

   10.     Object of subdivision
   11.     Ways of disposing of category 3 restricted matter—invasive plants

              Subdivision 2 - Distributing category 3 restricted matter

   12.     Object of subdivision
   13.     Distributing category 3 restricted matter—biological control
   14.     Distributing category 3 restricted matter—scientific research
   15.     Distributing category 3 restricted matter—destroying animal
   16.     Distributing category 3 restricted matter—tracking and destroying

              Subdivision 3 - Distributing thing infested with category 3 restricted matter

   17.     Distributing grain infested with category 3 restricted matter—Act, s 43(2)(a)

           Division 2 - Category 7 restricted matter

   18.     Ways of disposing of category 7 restricted matter—Act, s 44(2)

   PART 4 - NOTIFIABLE INCIDENTS

   19.     Conditions—Act, s 47(7), definition notifiable incident, paragraph (b)(v)

   PART 5 - MAXIMUM ACCEPTABLE LEVEL OF CONTAMINANTS IN CARRIERS

   20.     Application of part
   21.     Maximum acceptable level of contaminant—Act, s 503(2)(e)
   22.     Maximum acceptable level of THC—Act, s 503(2)(e)

   PART 6 - DIAGNOSTIC TESTING

   23.     Effect ss 23, 26 and 27—Act, s 25(1)
   24.     Application of part
   25.     Restrictions on use
   26.     Test kit or method approval
   27.     Application for test kit or method approval
   28.     Notifying test result
   29.     Disclosing test result

   PART 7 - BEES AND APIARIES

   30.     Effect of part—Act, s 25(1)
   31.     Distance between apiaries
   32.     Asian honey bee

   PART 8 - NON-NATIVE INVASIVE ORNAMENTAL FISH

   33.     Effect of part—Act, s 25(1)
   34.     Dealing with non-native invasive ornamental fish

   PART 9 - RAM STATEMENTS

   35.     Effect of part—Act, s 25(1)
   36.     Positive RAM statement
   37.     Negative RAM statement
   38.     Appearance of statement
   39.     Statement to remain on container
   40.     Defacing label or obscuring statements
   41.     Feeding ruminants

CHAPTER 3 - MATTERS RELATING TO LOCAL GOVERNMENTS

   42.     Annual payments by local governments—Act, s 60(2)

CHAPTER 4 - INVASIVE ANIMAL BARRIER FENCING

   PART 1 - INVASIVE ANIMAL BOARDS

   43.     Darling Downs–Moreton Rabbit Board

   PART 2 - BARRIER FENCE

   44.     Building authority for a wild dog check fence—Act, s 90(b)

CHAPTER 5 - PREVENTION AND CONTROL MEASURES FOR BIOSECURITY MATTER

   PART 1 - PRELIMINARY

   45.     Meaning of biosecurity zone map
   46.     Ensuring biosecurity matter or a carrier is dealt with in accordance with risk minimisation requirement

   PART 2 - RELATIONSHIP WITH GENERAL BIOSECURITY OBLIGATION

   47.     Effect of chapter—Act, s 25(1)

   PART 3 - STATEWIDE RESTRICTIONS AND REQUIREMENTS

           Division 1 - Statewide entry restrictions

   48.     Banana pest carrier
   49.     Bee louse carrier
   50.     Branched broomrape carrier
   51.     Cucumber green mottle mosaic virus carrier
   52.     European house borer carrier
   53.     Giant pine scale carrier
   54.     Mango malformation disease carrier
   55.     Mediterranean fruit fly carrier
   56.     Pyriform scale carrier
   57.     Potato pest carrier

           Division 2 - Statewide pest management requirements

              Subdivision 1 - Panama disease tropical race 4

   58.     Notice of presence of Panama disease tropical race 4
   59.     Revoking notice
   60.     Panama disease tropical race 4 affected land

              Subdivision 2 - Cattle tick infested land

   61.     Eradicating cattle tick from infested land

   PART 4 - FAR NORTHERN PEST BIOSECURITY ZONE REGULATORY PROVISIONS

   62.     Establishing biosecurity zones—Act, s 128(1)(a)
   63.     Moving particular far northern pests or carrier from a biosecurity zone
   64.     Planting or cultivating a banana plant in a biosecurity zone
   65.     Treating an unmanaged banana plant

   PART 5 - FIRE ANT BIOSECURITY ZONE REGULATORY PROVISIONS

           Division 1 - Biosecurity zones

   66.     Establishing biosecurity zones—Act, s 128(1)(a)

           Division 2 - Keeping and moving fire ants and fire ant carriers

   67.     Moving a fire ant from or within a fire ant biosecurity zone
   68.     Moving soil from fire ant biosecurity zone 1 or fire ant biosecurity zone 2
   69.     Moving another fire ant carrier from or within fire ant biosecurity zone 1 or fire ant biosecurity zone 2
   70.     Moving soil or other fire ant carriers from or within fire ant biosecurity zone 3
   71.     Keeping a special risk fire ant carrier in a fire ant biosecurity zone
   72.     Producing hay in a fire ant biosecurity zone
   73.     Keeping a fire ant outside fire ant biosecurity zones

   PART 6 - ELECTRIC ANT BIOSECURITY ZONE REGULATORY PROVISIONS

           Division 1 - Biosecurity zone

   74.     Establishing biosecurity zone—Act, s 128(1)(a)
   75.     Moving an electric ant carrier from electric ant biosecurity zone
   76.     Moving an electric ant from or within electric ant biosecurity zone
   77.     Keeping an electric ant outside electric ant biosecurity zone

   PART 7 - BANANA PEST BIOSECURITY ZONE REGULATORY PROVISIONS

           Division 1 - Biosecurity zones

   78.     Establishing biosecurity zones—Act, s 128(1)(a)

           Division 2 - Movement restrictions

   79.     Moving a banana pest carrier other than banana fruit from a banana biosecurity zone
   80.     Moving a banana pest carrier other than banana fruit into northern banana biosecurity zone

   PART 8 - CATTLE TICK BIOSECURITY ZONE REGULATORY PROVISIONS

           Division 1 - Biosecurity zones

   81.     Establishing biosecurity zones—Act, s 128(1)(a)

           Division 2 - Notifying the presence of cattle ticks

   82.     Notifying presence of cattle ticks

           Division 3 - Moving cattle tick carriers

   83.     Moving a cattle tick carrier into or through the cattle tick free zone
   84.     Moving a cattle tick carrier from infested land to the free zone or a prescribed facility
   85.     Moving a cattle tick carrier from feedlot in cattle tick infested zone
   86.     Moving a cattle tick carrier from clearing facility in cattle tick free zone
   87.     Information for movement record—Act, s 195

   PART 9 - GRAPE PHYLLOXERA BIOSECURITY ZONE REGULATORY PROVISIONS

   88.     Establishing biosecurity zones—Act, s 128(1)(a)
   89.     Moving a grape phylloxera carrier into a grape phylloxera biosecurity zone

   PART 10 - PAPAYA RINGSPOT BIOSECURITY ZONE REGULATORY PROVISIONS

   90.     Establishing biosecurity zones—Act, s 128(1)(a)
   91.     Moving a papaya ringspot carrier from papaya ringspot biosecurity zone 1
   92.     Moving a papaya ringspot carrier from papaya ringspot biosecurity zone 2

   PART 11 - SUGAR CANE PEST BIOSECURITY ZONE REGULATORY PROVISIONS

   93.     Establishing biosecurity zones—Act, s 128(1)(a)
   94.     Moving a sugar cane pest carrier into or from a sugar cane biosecurity zone

CHAPTER 6 - OBLIGATIONS FOR BIOSECURITY ENTITIES AND DESIGNATED ANIMAL IDENTIFICATION

   PART 1 - MARKING AND MAINTENANCE OF MARKED OR BRANDED HIN

   95.     Marking or branding of HIN—Act, s 158(5)

   PART 2 - SPECIAL DESIGNATED ANIMAL IDENTIFICATION AND TRACING SYSTEM

           Division 1 - Approved devices and movement records

   96.     Movement requirements for goats—Act, s 180(c)(iii)
   97.     Information for movement record—Act, s 195(1)(g)

           Division 2 - National Livestock Identification System

   98.     Animal with microchip delivered to meat processing facility—Act, s 186(1)(a)
   99.     Animal without microchip delivered to meat processing facility—Act, s 186(1)(a)
   100.    Animal with microchip slaughtered at meat processing facility—Act, s 186(1)(b)
   101.    Animal without microchip slaughtered at meat processing facility—Act, s 186(1)(b)
   102.    Animal with microchip delivered to saleyard or live export holding—Act, s 187(a)
   103.    Animal without microchip delivered to saleyard or live export holding—Act, s 187(a)
   104.    Animal with microchip moved from live export holding to place outside Australia—Act, s 187(b)
   105.    Animal without microchip moved from live export holding to place outside Australia—Act, s 187(b)
   106.    Animal with microchip moved from saleyard—Act, s 187(b)
   107.    Animal without microchip moved from saleyard—Act, s 187(b)
   108.    Animal delivered to restricted agricultural show—Act, s 188(2)
   109.    Animal moved from show place—Act, s 189(2)
   110.    Animal with microchip delivered to transit facility—Act, s 190(2)
   111.    Animal with microchip delivered to another place—Act, s 190(2)
   112.    Animal without microchip delivered to another place—Act, s 190(2)
   113.    Animal with microchip delivered to another place—Act, s 190(4)
   114.    Animal without microchip delivered to another place—Act, s 190(4)

CHAPTER 7 - PROHIBITED AND RESTRICTED MATTER PERMITS

   115.    Prescribed restricted matter permit—Act, s 212(d)
   116.    Information for permit plan—Act, s 213(2)(c)
   117.    Authorities—Act, s 214(3)(a)
   118.    Authorities—Act, s 220(2)(a)(ii)
   119.    Standards, codes of practice, guidelines and other matters—Act, s 221(1)(a)
   120.    Conditions for prohibited matter or restricted matter permit—Act, s 224(2)

CHAPTER 8 - MISCELLANEOUS

   PART 1 - PROHIBITED FEED FOR PIGS AND POULTRY

   121.    Material that is not prohibited feed for pigs and poultry—Act, s 45A(2)(a)

   PART 2 - RESTRICTED ANIMAL MATERIAL

   122.    Material that is not restricted animal material—Act, s 45B(2)

   PART 3 - APPOINTMENT AND POWERS OF OFFICERS

   123.    Appointment of inspectors—Act, section 242(1)(f)
   124.    Appointment of authorised persons—Act, section 246(1)(b)
   125.    Inspectors—Act, s 251(1)

   PART 4 - COMPLIANCE AGREEMENTS

   126.    Details for application—Act, s 396(2)(a)

CHAPTER 9 - FEES

   127.    Fees
   128.    Waiver of particular fees

CHAPTER 10 - CONSEQUENTIAL AMENDMENTS AND REPEALS

   PART 1 - CONSEQUENTIAL AMENDMENTS

   129.    Regulations amended

   PART 2 - REPEALS

   130.    Repeal of regulations
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           SCHEDULE 6
           SCHEDULE 7
           SCHEDULE 8
           SCHEDULE 9
           SCHEDULE 10
           SCHEDULE 11
           SCHEDULE 12