BIOSECURITY AND AGRICULTURE MANAGEMENT ACT 2007

Western Australian Current Acts

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BIOSECURITY AND AGRICULTURE MANAGEMENT ACT 2007

TABLE OF PROVISIONS

Long Title

PART 1 -- Preliminary

1. Short title
2. Commencement
3. Objects of Act
4. Relationship with other Acts
5. Act binds the Crown
6. Terms used
7. Meaning of contaminated
8. Meaning of owner in relation to land
9. Meaning of animal feed
10. When organism is to be taken to be on land

PART 2 -- Biosecurity

Division 1 -- Permitted, prohibited and unlisted organisms

11. Permitted organisms
12. Prohibited organisms
13. Consultation with other Ministers and Biosecurity Council
14. Term used: unlisted organism

Division 2 -- Importing organisms into Western Australia

15. Import restrictions
16. How to obtain import permit
17. Supply of unlawful import
18. Possession of unlawful import
19. Obligations of commercial passenger carrier
20. Obligation of commercial carrier
21. Reporting and presenting import

Division 3 -- Biosecurity within Western Australia

22. Declared pests
23. Dealing with declared pest
24. Introducing or supplying declared pest
25. Authorised dealing with declared pest
26. Duty to report declared pest
27. Pest exclusion notice
28. SAT review: pest exclusion notice
29. Compliance with pest exclusion notice
30. Duty to control declared pest
31. Pest control notice
32. Compliance with pest control notice
33. Apportionment of costs of controlling declared pests on land
34. SAT review: costs of controlling declared pests
35. Pest keeping notice
36. Director General review: pest control notice or pest keeping notice
37. SAT review: pest control notice or pest keeping notice
38. Remedial action by Director General
39. Power to control pests
40. Agreements to supply pest control materials
41. Public authority may assist owner or occupier to control declared pest
42. Department may carry out operational work

Division 4 -- Urgent measures

43. Director General may give directions for urgent measures to control declared pest
44. Director General may approve alternative measure or requirement

Division 5 -- Management plans

45. Management plans
46. Consultation with affected persons
47. Management plans are subject to disallowance

Division 6 -- Biosecurity Council

48. Biosecurity Council
49. Membership of Biosecurity Council
50. Functions of Biosecurity Council
51. Annual report

PART 3 -- Residues on land, chemical products and adulteration

Division 1 -- Residues on land

52. Residue management notices
53. Duration of residue management notice
54. SAT review: residue management notices
55. Notification may be lodged with Registrar of Titles

Division 2 -- Chemical products

56. Dealing with chemical products
57. Dealing with things that are treated, or not treated, with chemical product or are contaminated
58. Certain agreements void

Division 3 -- Adulteration of agricultural products or animal feed

59. Terms used
60. Adulterating goods to cause public alarm or economic loss
61. Threatening to adulterate goods to cause public alarm or economic loss
62. Making false statements concerning adulteration of goods to cause public alarm or economic loss

PART 4 -- Inspection and compliance

Division 1 -- Preliminary

63. Terms used

Division 2 -- Inspection and other functions

64. Purposes for which an inspection may be carried out
65. Entry and access to place or conveyance, and inspection powers
66. Obtaining records
67. Other directions

Division 3 -- Entry warrants

68. Applying for entry warrant
69. Applications, how they are to be made
70. Issuing an entry warrant
71. Effect of entry warrant
72. Report on entry and search

Division 4 -- Seizure, treatment, destruction and recall powers

73. Power to seize, treat or destroy
74. SAT review: seizure
75. SAT review: forfeiture
76. Power to direct that organism or potential carrier be moved for treatment
77. Power to direct person to treat, refrain from treating, destroy or dispose of thing
78. SAT review: section 77 direction
79. Treatment or destruction to prevent risk
80. SAT review: treatment or destruction notice
81. Provisions do not limit making of regulations
82. Inspector may direct removal of organism or potential carrier
83. SAT review: direction to remove from State
84. Recall of organism or substance
85. Notice may be published
86. SAT review: recall notice
87. Remedial action

Division 5 -- General

88. Time and place for compliance
89. Direction may be given orally or in writing
90. Exercise of power may be recorded
91. Use of force and assistance
92. Offences
93. Self-incriminating information

Division 6 -- Remedial action by Director General

94. Taking remedial action
95. Charge on land to secure cost of remedial action
96. Priority of charge
97. Dealing with certain charged land
98. Recovery of unpaid charge amount
99. Certificate of charge amount
100. Withdrawal of memorial

Division 7 -- Registration of memorials and notices affecting land

101. Approved form of memorials and notices
102. Exemption from stamp duty
103. Notice to mortgagees

PART 5 -- Legal proceedings

Division 1 -- Legal proceedings

104. Prosecutions, who may commence
105. Time for bringing prosecution
106. Court’s power to make ancillary orders on conviction
107. Order as to costs of analysis
108. Penalties for continuing offences
109. Injunctions to ensure compliance with this Act

Division 2 -- Responsibility of certain persons

110. Liability of officers for offence by body corporate
111. Liability of principal for acts of agent
112. Liability of employer for offence of employee

Division 3 -- Evidentiary provisions

113. Term used: specified
114. Proof of exemptions
115. Evidence of place of offence
116. Evidence of seller or packer of container
117. Evidence of purpose or intent
118. Evidence of authorisation and enforcement matters
119. Evidence of scientific matters
120. Evidence of type or class of organism or thing
121. Documentary and signed evidence
122. Evidence of documents and service
123. Evidence of ownership or occupancy
124. Provisions are in addition to Evidence Act 1906

Division 4 -- Modified penalties for certain offences

125. Terms used
126. Infringement notices
127. Withdrawal of infringement notice
128. Effect of payment of modified penalty

PART 6 -- Financial provisions

Division 1 -- Declared Pest Account

Subdivision 1 -- General

129. Terms used

Subdivision 2 -- Rates imposed on land

130. Determination of rate
131. Procedure for making rate determination
132. Minimum and maximum rates
133. Rates amounts
134. Multiple rating
135. Application of Taxation Administration Act 2003 and Land Tax Assessment Act 2002
136. Postponement of rates payable by pensioners

Subdivision 3 -- Establishment and operation of Declared Pest Account

137. Declared Pest Account
138. Use of funds in Declared Pest Account
139. Appropriations against Consolidated Account

Division 2 -- Industry funding schemes

140. Terms used
141. Establishment of accounts, management committees and schemes
142. Constitution and administration of prescribed accounts
143. Management committee
144. Contributions to account -- prescribed scheme
145. Application of prescribed account
146. Treasurer may make advances to a prescribed account in event of a deficiency
147. Review of regulations

Division 3 -- Modified Penalties Revenue Account

148. Modified Penalties Revenue Account
149. Use of funds in Modified Penalties Revenue Account

PART 7 -- Administration

Division 1 -- The Western Australian Agriculture Authority

150. Western Australian Agriculture Authority
151. Purpose of Western Australian Agriculture Authority
152. Powers of Authority
153. Treasurer to consider proposals under section 152(3)(b)
154. Intellectual property
155. Execution of documents by Authority
156. Accountability under this Division

Division 2 -- Compiling and publishing essential information

157. Publication of certain declarations
158. Records of status of various organisms
159. The department’s electronic site
160. Information available on department’s electronic site
161. Availability of published information

Division 3 -- Inspectors

162. Appointment of inspectors
163. Director General has functions of inspector
164. Identification cards

Division 4 -- Quarantine facilities, inspection points and other places

165. Arrangements for provision of quarantine facilities
166. Inspection points
167. Use of other places

Division 5 -- Advisory groups and recognised biosecurity groups

168. Advisory groups
169. Recognised biosecurity groups
170. Funds available to recognised biosecurity groups
171. Publication of report by recognised biosecurity group

Division 6 -- Service of documents

172. Service on Director General
173. Method of service
174. Alternative methods of service of documents relating to land
175. Service of notice by publication
176. Service where more than one owner or occupier
177. Time of service
178. Description of person or land
179. Documents binding on subsequent owners and occupiers
180. Non-exclusivity of this Division

Division 7 -- General

181. Delegation by Minister
182. Delegation by Director General
183. Arrangements with corresponding authorities
184. Information sharing
185. Results and other matters may be published
186. Compliance statements
187. Immunity from tortious liability

PART 8 -- Regulations, codes of practice and local laws

188. Regulations -- general power
189. Regulations prescribing high impact organisms
190. Regulations and management plans may adopt codes or legislation and other references
191. Codes of practice
192. Regulations and codes of practice: consultation
193. Local government may make local laws

PART 9 -- Miscellaneous

194. Review of Act
SCHEDULE 1 -- Matters for which regulations may be made

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