{"id":"biosecurity-and-agriculture-management-declared-pest-account-regulations-2014","name":"Biosecurity and Agriculture Management (Declared Pest Account) Regulations 2014","slug":"biosecurity-and-agriculture-management-declared-pest-account-regulations-2014","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174116,"registerId":"wa-biosecurity-and-agriculture-management-declared-pest-account-regulations-2014-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Biosecurity and Agriculture Management (Declared Pest Account) Regulations 2014","content":"![Crest]()Western Australia\n\nBiosecurity and Agriculture Management Act 2007\n\nBiosecurity and Agriculture Management (Declared Pest Account) Regulations 2014\n\nWestern Australia\n\nBiosecurity and Agriculture Management (Declared Pest Account) Regulations 2014\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Prescribed areas 1\n\n4. Consultation requirement 3\n\n4A. Prescribed amount for flat rate 4\n\n5. *Biosecurity and Agriculture Management (Declared Pest Account Rate Consultation) Regulations 2011* repealed 4\n\nNotes\n\nCompilation table 5\n\nDefined terms\n\n  \n\nBiosecurity and Agriculture Management Act 2007\n\nBiosecurity and Agriculture Management (Declared Pest Account) Regulations 2014\n\n##### 1. Citation\n\n\t\tThese regulations are the *Biosecurity and Agriculture Management (Declared Pest Account) Regulations 2014*.\n\n##### 2. Commencement\n\nThese regulations come into operation as follows —\n\n(a) regulations 1 and 2 — on the day on which these regulations are published in the *Gazette*;\n\n(b) the rest of the regulations — on the day after that day.\n\n##### 3. Prescribed areas\n\nThe local government districts specified in the Table are prescribed as areas for the purposes of section 130(1) of the Act.\n\nTable\n\n| Ashburton | Boyup Brook |\n| --- | --- |\n| Bridgetown‑Greenbushes | Broome |\n| Bunbury | Capel |\n| Carnamah | Carnarvon |\n| Chapman Valley | Coolgardie |\n| Coorow | Cue |\n| Dalwallinu | Dandaragan |\n| Dardanup | Derby‑West Kimberley |\n| Donnybrook‑Balingup | Dundas |\n| East Pilbara | Esperance |\n| Exmouth | Greater Geraldton |\n| Halls Creek | Harvey |\n| Irwin | Kalgoorlie‑Boulder |\n| Karratha | Kondinin |\n| Koorda | Kulin |\n| Lake Grace | Laverton |\n| Leonora | Mandurah |\n| Meekatharra | Menzies |\n| Merredin | Mingenew |\n| Moora | Morawa |\n| Mount Magnet | Mount Marshall |\n| Mukinbudin | Murchison |\n| Murray | Nannup |\n| Narembeen | Ngaanyatjarraku |\n| Northampton | Nungarin |\n| Perenjori | Port Hedland |\n| Ravensthorpe | Sandstone |\n| Serpentine‑Jarrahdale | Shark Bay |\n| Three Springs | Trayning |\n| Upper Gascoyne | Waroona |\n| West Arthur | Westonia |\n| Wiluna | Wyndham‑East Kimberley |\n| Yalgoo | Yilgarn |\n\n\n[Regulation 3 inserted: SL 2020/38 r. 4.]\n\n##### 4. Consultation requirement\n\n(1) In this regulation —\n\naffected land, in relation to a proposal to determine a rate under section 130 of the Act, means the land or the class of land in respect of which it is proposed to determine the rate;\n\nrelevant newspaper, in relation to a proposal to determine a rate under section 130 of the Act, means a newspaper circulating generally in the area in which the affected land is situated.\n\n(2) Not less than one month before determining a rate chargeable on land under section 130 of the Act, the Minister must —\n\n(a) publish a notice in a relevant newspaper —\n\n(i) identifying the affected land; and\n\n(ii) stating the rate that the Minister proposes to determine; and\n\n(iii) inviting submissions from interested persons regarding the proposed determination;\n\nand\n\n(b) in so far as is reasonably practicable, give a copy of the notice to each owner of affected land if —\n\n(i) the Minister has not made a determination in relation to the rate chargeable on the affected land for the previous financial year; or\n\n(ii) the rate the Minister proposes to determine is an increase of 5% or more on the rate determined in respect of the affected land in the previous financial year.\n\n[Regulation 4 amended: Gazette 17 May 2019 p. 1433.]\n\n##### 4A. Prescribed amount for flat rate\n\nFor the purposes of section 132(2) of the Act, the amount is $3 781.\n\n[Regulation 4A inserted: Gazette 3 Feb 2017 p. 1110.]\n\n##### 5. *Biosecurity and Agriculture Management (Declared Pest Account Rate Consultation) Regulations 2011* repealed\n\nThe *Biosecurity and Agriculture Management (Declared Pest Account Rate Consultation) Regulations 2011* are repealed.\n\n![]()\n\nNotes\n\nThis is a compilation of the *Biosecurity and Agriculture Management (Declared Pest Account) Regulations 2014* and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Biosecurity and Agriculture Management (Declared Pest Account) Regulations 2014* | 30 May 2014 p. 1680‑2 | r. 1 and 2: 30 May 2014 (see r. 2(a));   Regulations other than r. 1 and 2: 31 May 2014 (see r. 2(b)) |\n| *Biosecurity and Agriculture Management (Declared Pest Account) Amendment Regulations 2016* | 3 May 2016 p. 1355‑6 | r. 1 and 2: 3 May 2016 (see r. 2(a));   Regulations other than r. 1 and 2: 4 May 2016 (see r. 2(b)) |\n| *Biosecurity and Agriculture Management (Declared Pest Account) Amendment Regulations 2017* | 3 Feb 2017 p. 1109‑10 | r. 1 and 2: 3 Feb 2017 (see r. 2(a));   Regulations other than r. 1 and 2: 4 Feb 2017 (see r. 2(b)) |\n| *Biosecurity and Agriculture Management (Declared Pest Account) Amendment Regulations (No. 2) 2017* | 18 Aug 2017 p. 4445‑6 | r. 1 and 2: 18 Aug 2017 (see r. 2(a));   Regulations other than r. 1 and 2: 19 Aug 2017 (see r. 2(b)) |\n| *Biosecurity and Agriculture Management (Declared Pest Account) Amendment Regulations 2018* | 15 May 2018 p. 1528‑9 | r. 1 and 2: 15 May 2018 (see r. 2(a));   Regulations other than r. 1 and 2: 16 May 2018 (see r. 2(b)) |\n| *Biosecurity and Agriculture Management (Declared Pest Account) Amendment Regulations 2019* | 17 May 2019 p. 1433 | r. 1 and 2: 17 May 2019 (see r. 2(a));   Regulations other than r. 1 and 2: 18 May 2019 (see r. 2(b)) |\n| *Biosecurity and Agriculture Management (Declared Pest Account) Amendment Regulations 2020* | SL 2020/38   17 Apr 2020 | r. 1 and 2: 17 Apr 2020 (see r. 2(a));   Regulations other than r. 1 and 2: 18 Apr 2020 (see r. 2(b)) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\naffected land 4(1)\n\nrelevant newspaper 4(1)\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument replaces the 2011 consultation regulations (Regulation 5) and, compared with an unspecified prior instrument, narrows and clarifies regulatory coverage by naming the prescribed local government districts (Regulation 3), formalising the Minister’s public‑notice and affected‑owner notice obligations (Regulation 4), and prescribing a specific flat amount for section 132(2) (Regulation 4A)."},"complexity_factors":["Cross‑references to the Biosecurity and Agriculture Management Act 2007 (notably ss 130 and 132) increase reliance on the parent Act for substantive meaning","Long list of prescribed local government districts (Regulation 3) creates operational scope and mapping work for administrators and affected landowners","Consultation procedure has conditional notification rules and timing requirements (Regulation 4), producing modest procedural compliance steps","Fixed monetary figure tied to statute (Regulation 4A) requires periodic updating by amendment if inflation or policy changes occur","Repeal of the 2011 consultation regulations (Regulation 5) requires checking historical differences to assess policy shift"],"plain_english_summary":"These regulations list which local government districts are treated as ‘prescribed areas’ for imposing declared‑pest rates, require the Minister to publish a notice (and, in some cases, give owners direct notice) at least one month before fixing such a rate, and set a specific flat amount ($3,781) for a provision of the Act. The rules affect landowners who may be charged the rate and may make submissions, and they assign the timing and notice obligations to the Minister while repealing the 2011 consultation regulations."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: prescribing areas for pest rates, setting consultation requirements, and establishing the flat rate amount. The amendments visible in the compilation table appear to be routine updates (adding/removing local government districts from the table and adjusting the dollar amount in Regulation 4A) rather than scope creep."},"complexity_factors":["Very short instrument (5 regulations plus commencement provisions)","Only 2 defined terms ('affected land' and 'relevant newspaper')","Minimal cross-referencing (only references to sections 130 and 132 of the parent Act)","Simple conditional logic limited to Regulation 4(2)(b) (two alternative triggers for direct notification)","No nested exceptions or complex deeming provisions","Primarily consists of a table of local government districts and straightforward procedural requirements"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set up the administrative machinery for how the Western Australian government charges landholders to fund pest control programs. Specifically, they:\n\n* **Identify which areas pay the pest rate** — Regulation 3 lists 67 local government districts (from Ashburton to Yilgarn) where landowners can be charged a \"declared pest rate\" under the Biosecurity and Agriculture Management Act 2007.\n\n* **Set the rules for consultation** — Before the Minister can set or increase this rate, they must publish a notice in a local newspaper and invite public submissions. If it's a new rate or an increase of 5% or more, they must also try to notify each landowner directly.\n\n* **Fix a dollar amount** — Regulation 4A sets a flat rate cap of $3,781 (this figure can be updated over time).\n\n* **Clean up old law** — Regulation 5 repeals the previous 2011 regulations on the same topic.\n\n**Who it affects:**\n\n* **Landowners** in the listed local government districts, particularly those in rural and regional WA where declared pests (like wild dogs, foxes, or invasive plants) are a significant problem.\n* **Local governments** in those districts, which often administer or benefit from the pest control programs.\n* **The Minister for Agriculture**, who sets the rates subject to these consultation rules.\n\n**Why it matters:**\n\nThis is essentially the \"taxation\" side of biosecurity law. It ensures that before the government hits landholders with a new or increased charge for pest management, there's transparency and a chance for affected people to have their say. The flat rate cap provides certainty about the maximum charge, while the prescribed areas ensure the system only operates where pest problems are significant enough to warrant collective funding."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text is inaccessible. No comparison between original intent and final form is possible based on available information."},"complexity_factors":["Legislation content is entirely unavailable — no text could be analysed","Regulations of this type typically involve financial mechanisms (levy calculations, account management rules) which add moderate technical complexity","Interplay between state biosecurity law and agricultural management frameworks can create layered obligations","Levy-based funding structures often require understanding of both regulatory and administrative law"],"plain_english_summary":"The regulations likely establish and govern a dedicated \"Declared Pest Account\" to collect, hold, and spend funds for managing declared pest animals, plants or organisms in Western Australia. They would affect farmers, landowners, agricultural businesses and biosecurity agencies by shaping who pays levies or receives assistance for pest control. \n\nNote: the actual text was unavailable; this inference is based only on the title and similar laws."}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-and-agriculture-management-declared-pest-account-regulations-2014","history":"/api/acts/biosecurity-and-agriculture-management-declared-pest-account-regulations-2014/history","analysis":"/api/acts/biosecurity-and-agriculture-management-declared-pest-account-regulations-2014/analysis","conflicts":"/api/acts/biosecurity-and-agriculture-management-declared-pest-account-regulations-2014/conflicts","importantCases":"/api/acts/biosecurity-and-agriculture-management-declared-pest-account-regulations-2014/important-cases","documents":"/api/acts/biosecurity-and-agriculture-management-declared-pest-account-regulations-2014/documents"}}