{"id":"F2019L01551","name":"Biosecurity (First Point of Entry—Port of Dampier) Determination 2019","slug":"biosecurity-first-point-of-entry-port-of-dampier-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":100404,"registerId":"commonwealth-F2019L01551-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n This is the Biosecurity (First Point of Entry—Port of Dampier) Determination 2019.\n\n#### 3 Authority\n\n This instrument is made under subsection 229(1) of the Biosecurity Act 2015.\n\n#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in section 9 of the Act.\n\n In this instrument:\n\n> Act means the Biosecurity Act 2015.\n\n> freight container means a re‑usable container:\n\n (a) that is designed to be used to transport goods by one or more modes of transport; and\n (b) that can be transferred from one mode of transport to another without unloading the goods from the container; and\n (c) that is known as a 20‑foot‑long container or a 40‑foot‑long container.\n\n> general goods means goods (as defined by section 19 of the Act) other than baggage, freight containers, live horses or waste.\n\n> goods means goods (as defined by section 19 of the Act):\n\n (a) that are subject to biosecurity control; or\n (b) in relation to which an exposed goods order is in force.\n\n> inorganic bulk goods means chemicals, ores, minerals or gases that:\n\n (a) are brought or imported into Australian territory in bulk; and\n (b) do not contain animals, plants, organic compounds or microbes.\n\n> non‑commercial vessel has the same meaning as in the Biosecurity Regulation 2016.\n\n> vessel means a vessel (as defined by section 9 of the Act) that is subject to biosecurity control.\n\n> waste means goods (as defined by section 19 of the Act):\n\n (a) that are subject to biosecurity control; and\n (b) that are intended, by the person in charge of the vessel on which the goods are carried, to be disposed of.\n\n## Part 2—First point of entry\n\n#### 5 First point of entry—vessels\n\n Port of Dampier is a first point of entry for vessels other than non‑commercial vessels.\n\n#### 6 First point of entry—goods\n\n Port of Dampier is a first point of entry for the following:\n (a) baggage carried on a vessel other than a non-commercial vessel or a passenger vessel;\n (aa) freight containers;\n (b) general goods;\n (c) inorganic bulk goods;\n (d) waste.\n\n> Note 1: Port of Dampier is not a first point of entry for any other goods.\n\n> Note 2: For other matters relating to whether particular goods may be brought into a particular first point of entry, see sections 173 and 174 of the Act (which deal with prohibited goods and conditionally non‑prohibited goods) and any determinations made under those sections.\n\n## Part 3—Biosecurity entry points\n\n#### 7 Biosecurity entry points—vessels\n\n Each area of Port of Dampier specified in column 2 of an item of the following table is designated as a biosecurity entry point for a vessel, or a vessel included in a class of vessels, specified in column 1 of the item.\n\n```html\n

Biosecurity entry points—vessels

Item

Column 1

Vessels

Column 2

Areas

1

Vessels other than non‑commercial vessels

Dampier Cargo Wharf

2

Vessels other than the following:

(a) non‑commercial vessels;

(b) passenger vessels

The following areas:

(a) Bulk Liquid Berth;

(b) Bulk Material Facility (BMF);

(c) Dampier Fuel Berth, Parker Point;

(d) East Intercourse Island Port Operations;

(da) FDTS Facility;

(e) King Bay Supply Base (KBSB);

(f) Mistaken Island Port Operations;

(g) Parker Point Port Operations (Berths 2-5);

(h) Pluto Terminal;

(i) Toll Dampier Supply Base Terminal;

(j) Withnell Bay Terminal

\n```\n\n> Note: A vessel that has arrived at Port of Dampier must be brought to a biosecurity entry point for the vessel at that port as soon as practicable (see section 246 of the Act).\n\n#### 8 Biosecurity entry points—goods\n\n Each area of Port of Dampier specified in column 2 of an item of the following table is designated as a biosecurity entry point for goods, or goods included in a class of goods, specified in column 1 of the item.\n\n```html\n

Biosecurity entry points—goods

Item

Column 1

Goods

Column 2

Areas

1

All of the following:

(a) general goods;

(b) waste

The following areas:

(a) Bulk Material Facility (BMF);

(b) Dampier Cargo Wharf;

(ba) FDTS Facility;

(c) King Bay Supply Base (KBSB);

(d) Toll Dampier Supply Base Terminal

2

Baggage carried on a vessel other than a non-commercial vessel or a passenger vessel

The following areas:

(a) Bulk Liquid Berth;

(b) Bulk Material Facility (BMF);

(c) Dampier Cargo Wharf;

(d) Dampier Fuel Berth, Parker Point;

(e) East Intercourse Island Port Operations;

(ea) FDTS Facility;

(f) King Bay Supply Base (KBSB);

(g) Mistaken Island Port Operations;

(h) Parker Point Port Operations (Berths 2-5);

(i) Pluto Terminal;

(j) Toll Dampier Supply Base Terminal;

(k) Withnell Bay Terminal

3

Inorganic bulk goods

The following areas:

(a) Bulk Liquid Berth;

(b) Bulk Material Facility (BMF);

(c) Dampier Cargo Wharf;

(d) Dampier Fuel Berth, Parker Point;

(da) FDTS Facility;

(e) King Bay Supply Base (KBSB);

(f) Toll Dampier Supply Base Terminal

4

Freight containers

The following areas:

(a) Dampier Cargo Wharf;

(b) FDTS Facility;

(c) Toll Dampier Supply Base Terminal

\n```\n\n> Note: If a vessel has arrived at Port of Dampier and is carrying goods that are to be unloaded from the vessel, those goods must be brought to a biosecurity entry point for those goods as soon as practicable (see section 147 of the Act).\n\n## Part 4—Conditions\n\n#### 9 Conditions—notifying Agriculture Department of changes\n\n (1) The determination of Port of Dampier as a first point of entry by this instrument is subject to the conditions in this section.\n (2) If the owner (or, if there is more than one owner, an owner) of Port of Dampier becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Port of Dampier; or\n (b) a biosecurity entry point at Port of Dampier;\n the owner (or, if there is more than one owner, an owner) must give the Agriculture Department, in writing, notice of the change as soon as practicable after becoming aware that the change has occurred or will occur.\n (3) If the lessee (if any) (or, if there is more than one lessee, a lessee) of Port of Dampier becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Port of Dampier; or\n (b) a biosecurity entry point at Port of Dampier;\n the lessee (or, if there is more than one lessee, a lessee) must give the Agriculture Department, in writing, notice of the change as soon as practicable after becoming aware that the change has occurred or will occur.\n (4) If a person or body that is responsible for carrying out operations at Port of Dampier proposes to make a change referred to in subsection (5), the person or body must give the Agriculture Department, in writing, reasonable notice of the proposed change.\n (5) For the purposes of subsection (4), the changes are as follows:\n (a) a change to the procedures at Port of Dampier providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Dampier;\n (b) a change to the facilities or amenities available at Port of Dampier for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Dampier;\n (c) a change to the procedures at Port of Dampier that may affect the ability of a person who carries out operations at Port of Dampier to identify biosecurity risks associated with those operations;\n (d) a change to the procedures at Port of Dampier that may affect the ability for biosecurity officials or human biosecurity officials to be informed of any identified biosecurity risks associated with operations carried out at Port of Dampier;\n (e) a change to the procedures at Port of Dampier for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Dampier.","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This is the Biosecurity (First Point of Entry—Port of Dampier) Determination 2019.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under subsection 229(1) of the Biosecurity Act 2015.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in section 9 of the Act.\n\n In this instrument:\n\n> Act means the Biosecurity Act 2015.\n\n> freight container means a re‑usable container:\n\n (a) that is designed to be used to transport goods by one or more modes of transport; and\n (b) that can be transferred from one mode of transport to another without unloading the goods from the container; and\n (c) that is known as a 20‑foot‑long container or a 40‑foot‑long container.\n\n> general goods means goods (as defined by section 19 of the Act) other than baggage, freight containers, live horses or waste.\n\n> goods means goods (as defined by section 19 of the Act):\n\n (a) that are subject to biosecurity control; or\n (b) in relation to which an exposed goods order is in force.\n\n> inorganic bulk goods means chemicals, ores, minerals or gases that:\n\n (a) are brought or imported into Australian territory in bulk; and\n (b) do not contain animals, plants, organic compounds or microbes.\n\n> non‑commercial vessel has the same meaning as in the Biosecurity Regulation 2016.\n\n> vessel means a vessel (as defined by section 9 of the Act) that is subject to biosecurity control.\n\n> waste means goods (as defined by section 19 of the Act):\n\n (a) that are subject to biosecurity control; and\n (b) that are intended, by the person in charge of the vessel on which the goods are carried, to be disposed of.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"First point of entry","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n This is the Biosecurity (First Point of Entry—Port of Dampier) Determination 2019.\n\n#### 3 Authority\n\n This instrument is made under subsection 229(1) of the Biosecurity Act 2015.\n\n#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in section 9 of the Act.\n\n In this instrument:\n\n> Act means the Biosecurity Act 2015.\n\n> freight container means a re‑usable container:\n\n (a) that is designed to be used to transport goods by one or more modes of transport; and\n (b) that can be transferred from one mode of transport to another without unloading the goods from the container; and\n (c) that is known as a 20‑foot‑long container or a 40‑foot‑long container.\n\n> general goods means goods (as defined by section 19 of the Act) other than baggage, freight containers, live horses or waste.\n\n> goods means goods (as defined by section 19 of the Act):\n\n (a) that are subject to biosecurity control; or\n (b) in relation to which an exposed goods order is in force.\n\n> inorganic bulk goods means chemicals, ores, minerals or gases that:\n\n (a) are brought or imported into Australian territory in bulk; and\n (b) do not contain animals, plants, organic compounds or microbes.\n\n> non‑commercial vessel has the same meaning as in the Biosecurity Regulation 2016.\n\n> vessel means a vessel (as defined by section 9 of the Act) that is subject to biosecurity control.\n\n> waste means goods (as defined by section 19 of the Act):\n\n (a) that are subject to biosecurity control; and\n (b) that are intended, by the person in charge of the vessel on which the goods are carried, to be disposed of.\n\n## Part 2—First point of entry\n\n#### 5 First point of entry—vessels\n\n Port of Dampier is a first point of entry for vessels other than non‑commercial vessels.\n\n#### 6 First point of entry—goods\n\n Port of Dampier is a first point of entry for the following:\n (a) baggage carried on a vessel other than a non-commercial vessel or a passenger vessel;\n (aa) freight containers;\n (b) general goods;\n (c) inorganic bulk goods;\n (d) waste.\n\n> Note 1: Port of Dampier is not a first point of entry for any other goods.\n\n> Note 2: For other matters relating to whether particular goods may be brought into a particular first point of entry, see sections 173 and 174 of the Act (which deal with prohibited goods and conditionally non‑prohibited goods) and any determinations made under those sections.\n\n## Part 3—Biosecurity entry points\n\n#### 7 Biosecurity entry points—vessels\n\n Each area of Port of Dampier specified in column 2 of an item of the following table is designated as a biosecurity entry point for a vessel, or a vessel included in a class of vessels, specified in column 1 of the item.\n\n```html\n

Biosecurity entry points—vessels

Item

Column 1

Vessels

Column 2

Areas

1

Vessels other than non‑commercial vessels

Dampier Cargo Wharf

2

Vessels other than the following:

(a) non‑commercial vessels;

(b) passenger vessels

The following areas:

(a) Bulk Liquid Berth;

(b) Bulk Material Facility (BMF);

(c) Dampier Fuel Berth, Parker Point;

(d) East Intercourse Island Port Operations;

(da) FDTS Facility;

(e) King Bay Supply Base (KBSB);

(f) Mistaken Island Port Operations;

(g) Parker Point Port Operations (Berths 2-5);

(h) Pluto Terminal;

(i) Toll Dampier Supply Base Terminal;

(j) Withnell Bay Terminal

\n```\n\n> Note: A vessel that has arrived at Port of Dampier must be brought to a biosecurity entry point for the vessel at that port as soon as practicable (see section 246 of the Act).\n\n#### 8 Biosecurity entry points—goods\n\n Each area of Port of Dampier specified in column 2 of an item of the following table is designated as a biosecurity entry point for goods, or goods included in a class of goods, specified in column 1 of the item.\n\n```html\n

Biosecurity entry points—goods

Item

Column 1

Goods

Column 2

Areas

1

All of the following:

(a) general goods;

(b) waste

The following areas:

(a) Bulk Material Facility (BMF);

(b) Dampier Cargo Wharf;

(ba) FDTS Facility;

(c) King Bay Supply Base (KBSB);

(d) Toll Dampier Supply Base Terminal

2

Baggage carried on a vessel other than a non-commercial vessel or a passenger vessel

The following areas:

(a) Bulk Liquid Berth;

(b) Bulk Material Facility (BMF);

(c) Dampier Cargo Wharf;

(d) Dampier Fuel Berth, Parker Point;

(e) East Intercourse Island Port Operations;

(ea) FDTS Facility;

(f) King Bay Supply Base (KBSB);

(g) Mistaken Island Port Operations;

(h) Parker Point Port Operations (Berths 2-5);

(i) Pluto Terminal;

(j) Toll Dampier Supply Base Terminal;

(k) Withnell Bay Terminal

3

Inorganic bulk goods

The following areas:

(a) Bulk Liquid Berth;

(b) Bulk Material Facility (BMF);

(c) Dampier Cargo Wharf;

(d) Dampier Fuel Berth, Parker Point;

(da) FDTS Facility;

(e) King Bay Supply Base (KBSB);

(f) Toll Dampier Supply Base Terminal

4

Freight containers

The following areas:

(a) Dampier Cargo Wharf;

(b) FDTS Facility;

(c) Toll Dampier Supply Base Terminal

\n```\n\n> Note: If a vessel has arrived at Port of Dampier and is carrying goods that are to be unloaded from the vessel, those goods must be brought to a biosecurity entry point for those goods as soon as practicable (see section 147 of the Act).\n\n## Part 4—Conditions\n\n#### 9 Conditions—notifying Agriculture Department of changes\n\n (1) The determination of Port of Dampier as a first point of entry by this instrument is subject to the conditions in this section.\n (2) If the owner (or, if there is more than one owner, an owner) of Port of Dampier becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Port of Dampier; or\n (b) a biosecurity entry point at Port of Dampier;\n the owner (or, if there is more than one owner, an owner) must give the Agriculture Department, in writing, notice of the change as soon as practicable after becoming aware that the change has occurred or will occur.\n (3) If the lessee (if any) (or, if there is more than one lessee, a lessee) of Port of Dampier becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Port of Dampier; or\n (b) a biosecurity entry point at Port of Dampier;\n the lessee (or, if there is more than one lessee, a lessee) must give the Agriculture Department, in writing, notice of the change as soon as practicable after becoming aware that the change has occurred or will occur.\n (4) If a person or body that is responsible for carrying out operations at Port of Dampier proposes to make a change referred to in subsection (5), the person or body must give the Agriculture Department, in writing, reasonable notice of the proposed change.\n (5) For the purposes of subsection (4), the changes are as follows:\n (a) a change to the procedures at Port of Dampier providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Dampier;\n (b) a change to the facilities or amenities available at Port of Dampier for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Dampier;\n (c) a change to the procedures at Port of Dampier that may affect the ability of a person who carries out operations at Port of Dampier to identify biosecurity risks associated with those operations;\n (d) a change to the procedures at Port of Dampier that may affect the ability for biosecurity officials or human biosecurity officials to be informed of any identified biosecurity risks associated with operations carried out at Port of Dampier;\n (e) a change to the procedures at Port of Dampier for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Dampier.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"First point of entry—vessels","content":"#### 5 First point of entry—vessels\n\n Port of Dampier is a first point of entry for vessels other than non‑commercial vessels.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"First point of entry—goods","content":"#### 6 First point of entry—goods\n\n Port of Dampier is a first point of entry for the following:\n (a) baggage carried on a vessel other than a non-commercial vessel or a passenger vessel;\n (aa) freight containers;\n (b) general goods;\n (c) inorganic bulk goods;\n (d) waste.\n\n> Note 1: Port of Dampier is not a first point of entry for any other goods.\n\n> Note 2: For other matters relating to whether particular goods may be brought into a particular first point of entry, see sections 173 and 174 of the Act (which deal with prohibited goods and conditionally non‑prohibited goods) and any determinations made under those sections.","sortOrder":6},{"sectionNumber":"Part 3","sectionType":"part","heading":"Biosecurity entry points","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n This is the Biosecurity (First Point of Entry—Port of Dampier) Determination 2019.\n\n#### 3 Authority\n\n This instrument is made under subsection 229(1) of the Biosecurity Act 2015.\n\n#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in section 9 of the Act.\n\n In this instrument:\n\n> Act means the Biosecurity Act 2015.\n\n> freight container means a re‑usable container:\n\n (a) that is designed to be used to transport goods by one or more modes of transport; and\n (b) that can be transferred from one mode of transport to another without unloading the goods from the container; and\n (c) that is known as a 20‑foot‑long container or a 40‑foot‑long container.\n\n> general goods means goods (as defined by section 19 of the Act) other than baggage, freight containers, live horses or waste.\n\n> goods means goods (as defined by section 19 of the Act):\n\n (a) that are subject to biosecurity control; or\n (b) in relation to which an exposed goods order is in force.\n\n> inorganic bulk goods means chemicals, ores, minerals or gases that:\n\n (a) are brought or imported into Australian territory in bulk; and\n (b) do not contain animals, plants, organic compounds or microbes.\n\n> non‑commercial vessel has the same meaning as in the Biosecurity Regulation 2016.\n\n> vessel means a vessel (as defined by section 9 of the Act) that is subject to biosecurity control.\n\n> waste means goods (as defined by section 19 of the Act):\n\n (a) that are subject to biosecurity control; and\n (b) that are intended, by the person in charge of the vessel on which the goods are carried, to be disposed of.\n\n## Part 2—First point of entry\n\n#### 5 First point of entry—vessels\n\n Port of Dampier is a first point of entry for vessels other than non‑commercial vessels.\n\n#### 6 First point of entry—goods\n\n Port of Dampier is a first point of entry for the following:\n (a) baggage carried on a vessel other than a non-commercial vessel or a passenger vessel;\n (aa) freight containers;\n (b) general goods;\n (c) inorganic bulk goods;\n (d) waste.\n\n> Note 1: Port of Dampier is not a first point of entry for any other goods.\n\n> Note 2: For other matters relating to whether particular goods may be brought into a particular first point of entry, see sections 173 and 174 of the Act (which deal with prohibited goods and conditionally non‑prohibited goods) and any determinations made under those sections.\n\n## Part 3—Biosecurity entry points\n\n#### 7 Biosecurity entry points—vessels\n\n Each area of Port of Dampier specified in column 2 of an item of the following table is designated as a biosecurity entry point for a vessel, or a vessel included in a class of vessels, specified in column 1 of the item.\n\n```html\n

Biosecurity entry points—vessels

Item

Column 1

Vessels

Column 2

Areas

1

Vessels other than non‑commercial vessels

Dampier Cargo Wharf

2

Vessels other than the following:

(a) non‑commercial vessels;

(b) passenger vessels

The following areas:

(a) Bulk Liquid Berth;

(b) Bulk Material Facility (BMF);

(c) Dampier Fuel Berth, Parker Point;

(d) East Intercourse Island Port Operations;

(da) FDTS Facility;

(e) King Bay Supply Base (KBSB);

(f) Mistaken Island Port Operations;

(g) Parker Point Port Operations (Berths 2-5);

(h) Pluto Terminal;

(i) Toll Dampier Supply Base Terminal;

(j) Withnell Bay Terminal

\n```\n\n> Note: A vessel that has arrived at Port of Dampier must be brought to a biosecurity entry point for the vessel at that port as soon as practicable (see section 246 of the Act).\n\n#### 8 Biosecurity entry points—goods\n\n Each area of Port of Dampier specified in column 2 of an item of the following table is designated as a biosecurity entry point for goods, or goods included in a class of goods, specified in column 1 of the item.\n\n```html\n

Biosecurity entry points—goods

Item

Column 1

Goods

Column 2

Areas

1

All of the following:

(a) general goods;

(b) waste

The following areas:

(a) Bulk Material Facility (BMF);

(b) Dampier Cargo Wharf;

(ba) FDTS Facility;

(c) King Bay Supply Base (KBSB);

(d) Toll Dampier Supply Base Terminal

2

Baggage carried on a vessel other than a non-commercial vessel or a passenger vessel

The following areas:

(a) Bulk Liquid Berth;

(b) Bulk Material Facility (BMF);

(c) Dampier Cargo Wharf;

(d) Dampier Fuel Berth, Parker Point;

(e) East Intercourse Island Port Operations;

(ea) FDTS Facility;

(f) King Bay Supply Base (KBSB);

(g) Mistaken Island Port Operations;

(h) Parker Point Port Operations (Berths 2-5);

(i) Pluto Terminal;

(j) Toll Dampier Supply Base Terminal;

(k) Withnell Bay Terminal

3

Inorganic bulk goods

The following areas:

(a) Bulk Liquid Berth;

(b) Bulk Material Facility (BMF);

(c) Dampier Cargo Wharf;

(d) Dampier Fuel Berth, Parker Point;

(da) FDTS Facility;

(e) King Bay Supply Base (KBSB);

(f) Toll Dampier Supply Base Terminal

4

Freight containers

The following areas:

(a) Dampier Cargo Wharf;

(b) FDTS Facility;

(c) Toll Dampier Supply Base Terminal

\n```\n\n> Note: If a vessel has arrived at Port of Dampier and is carrying goods that are to be unloaded from the vessel, those goods must be brought to a biosecurity entry point for those goods as soon as practicable (see section 147 of the Act).\n\n## Part 4—Conditions\n\n#### 9 Conditions—notifying Agriculture Department of changes\n\n (1) The determination of Port of Dampier as a first point of entry by this instrument is subject to the conditions in this section.\n (2) If the owner (or, if there is more than one owner, an owner) of Port of Dampier becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Port of Dampier; or\n (b) a biosecurity entry point at Port of Dampier;\n the owner (or, if there is more than one owner, an owner) must give the Agriculture Department, in writing, notice of the change as soon as practicable after becoming aware that the change has occurred or will occur.\n (3) If the lessee (if any) (or, if there is more than one lessee, a lessee) of Port of Dampier becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Port of Dampier; or\n (b) a biosecurity entry point at Port of Dampier;\n the lessee (or, if there is more than one lessee, a lessee) must give the Agriculture Department, in writing, notice of the change as soon as practicable after becoming aware that the change has occurred or will occur.\n (4) If a person or body that is responsible for carrying out operations at Port of Dampier proposes to make a change referred to in subsection (5), the person or body must give the Agriculture Department, in writing, reasonable notice of the proposed change.\n (5) For the purposes of subsection (4), the changes are as follows:\n (a) a change to the procedures at Port of Dampier providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Dampier;\n (b) a change to the facilities or amenities available at Port of Dampier for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Dampier;\n (c) a change to the procedures at Port of Dampier that may affect the ability of a person who carries out operations at Port of Dampier to identify biosecurity risks associated with those operations;\n (d) a change to the procedures at Port of Dampier that may affect the ability for biosecurity officials or human biosecurity officials to be informed of any identified biosecurity risks associated with operations carried out at Port of Dampier;\n (e) a change to the procedures at Port of Dampier for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Dampier.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Biosecurity entry points—vessels","content":"#### 7 Biosecurity entry points—vessels\n\n Each area of Port of Dampier specified in column 2 of an item of the following table is designated as a biosecurity entry point for a vessel, or a vessel included in a class of vessels, specified in column 1 of the item.\n\n```html\n

Biosecurity entry points—vessels

Item

Column 1

Vessels

Column 2

Areas

1

Vessels other than non‑commercial vessels

Dampier Cargo Wharf

2

Vessels other than the following:

(a) non‑commercial vessels;

(b) passenger vessels

The following areas:

(a) Bulk Liquid Berth;

(b) Bulk Material Facility (BMF);

(c) Dampier Fuel Berth, Parker Point;

(d) East Intercourse Island Port Operations;

(da) FDTS Facility;

(e) King Bay Supply Base (KBSB);

(f) Mistaken Island Port Operations;

(g) Parker Point Port Operations (Berths 2-5);

(h) Pluto Terminal;

(i) Toll Dampier Supply Base Terminal;

(j) Withnell Bay Terminal

\n```\n\n> Note: A vessel that has arrived at Port of Dampier must be brought to a biosecurity entry point for the vessel at that port as soon as practicable (see section 246 of the Act).","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Biosecurity entry points—goods","content":"#### 8 Biosecurity entry points—goods\n\n Each area of Port of Dampier specified in column 2 of an item of the following table is designated as a biosecurity entry point for goods, or goods included in a class of goods, specified in column 1 of the item.\n\n```html\n

Biosecurity entry points—goods

Item

Column 1

Goods

Column 2

Areas

1

All of the following:

(a) general goods;

(b) waste

The following areas:

(a) Bulk Material Facility (BMF);

(b) Dampier Cargo Wharf;

(ba) FDTS Facility;

(c) King Bay Supply Base (KBSB);

(d) Toll Dampier Supply Base Terminal

2

Baggage carried on a vessel other than a non-commercial vessel or a passenger vessel

The following areas:

(a) Bulk Liquid Berth;

(b) Bulk Material Facility (BMF);

(c) Dampier Cargo Wharf;

(d) Dampier Fuel Berth, Parker Point;

(e) East Intercourse Island Port Operations;

(ea) FDTS Facility;

(f) King Bay Supply Base (KBSB);

(g) Mistaken Island Port Operations;

(h) Parker Point Port Operations (Berths 2-5);

(i) Pluto Terminal;

(j) Toll Dampier Supply Base Terminal;

(k) Withnell Bay Terminal

3

Inorganic bulk goods

The following areas:

(a) Bulk Liquid Berth;

(b) Bulk Material Facility (BMF);

(c) Dampier Cargo Wharf;

(d) Dampier Fuel Berth, Parker Point;

(da) FDTS Facility;

(e) King Bay Supply Base (KBSB);

(f) Toll Dampier Supply Base Terminal

4

Freight containers

The following areas:

(a) Dampier Cargo Wharf;

(b) FDTS Facility;

(c) Toll Dampier Supply Base Terminal

\n```\n\n> Note: If a vessel has arrived at Port of Dampier and is carrying goods that are to be unloaded from the vessel, those goods must be brought to a biosecurity entry point for those goods as soon as practicable (see section 147 of the Act).","sortOrder":9},{"sectionNumber":"Part 4","sectionType":"part","heading":"Conditions","content":"## Part 1—Preliminary\n\n#### 1 Name\n\n This is the Biosecurity (First Point of Entry—Port of Dampier) Determination 2019.\n\n#### 3 Authority\n\n This instrument is made under subsection 229(1) of the Biosecurity Act 2015.\n\n#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in section 9 of the Act.\n\n In this instrument:\n\n> Act means the Biosecurity Act 2015.\n\n> freight container means a re‑usable container:\n\n (a) that is designed to be used to transport goods by one or more modes of transport; and\n (b) that can be transferred from one mode of transport to another without unloading the goods from the container; and\n (c) that is known as a 20‑foot‑long container or a 40‑foot‑long container.\n\n> general goods means goods (as defined by section 19 of the Act) other than baggage, freight containers, live horses or waste.\n\n> goods means goods (as defined by section 19 of the Act):\n\n (a) that are subject to biosecurity control; or\n (b) in relation to which an exposed goods order is in force.\n\n> inorganic bulk goods means chemicals, ores, minerals or gases that:\n\n (a) are brought or imported into Australian territory in bulk; and\n (b) do not contain animals, plants, organic compounds or microbes.\n\n> non‑commercial vessel has the same meaning as in the Biosecurity Regulation 2016.\n\n> vessel means a vessel (as defined by section 9 of the Act) that is subject to biosecurity control.\n\n> waste means goods (as defined by section 19 of the Act):\n\n (a) that are subject to biosecurity control; and\n (b) that are intended, by the person in charge of the vessel on which the goods are carried, to be disposed of.\n\n## Part 2—First point of entry\n\n#### 5 First point of entry—vessels\n\n Port of Dampier is a first point of entry for vessels other than non‑commercial vessels.\n\n#### 6 First point of entry—goods\n\n Port of Dampier is a first point of entry for the following:\n (a) baggage carried on a vessel other than a non-commercial vessel or a passenger vessel;\n (aa) freight containers;\n (b) general goods;\n (c) inorganic bulk goods;\n (d) waste.\n\n> Note 1: Port of Dampier is not a first point of entry for any other goods.\n\n> Note 2: For other matters relating to whether particular goods may be brought into a particular first point of entry, see sections 173 and 174 of the Act (which deal with prohibited goods and conditionally non‑prohibited goods) and any determinations made under those sections.\n\n## Part 3—Biosecurity entry points\n\n#### 7 Biosecurity entry points—vessels\n\n Each area of Port of Dampier specified in column 2 of an item of the following table is designated as a biosecurity entry point for a vessel, or a vessel included in a class of vessels, specified in column 1 of the item.\n\n```html\n

Biosecurity entry points—vessels

Item

Column 1

Vessels

Column 2

Areas

1

Vessels other than non‑commercial vessels

Dampier Cargo Wharf

2

Vessels other than the following:

(a) non‑commercial vessels;

(b) passenger vessels

The following areas:

(a) Bulk Liquid Berth;

(b) Bulk Material Facility (BMF);

(c) Dampier Fuel Berth, Parker Point;

(d) East Intercourse Island Port Operations;

(da) FDTS Facility;

(e) King Bay Supply Base (KBSB);

(f) Mistaken Island Port Operations;

(g) Parker Point Port Operations (Berths 2-5);

(h) Pluto Terminal;

(i) Toll Dampier Supply Base Terminal;

(j) Withnell Bay Terminal

\n```\n\n> Note: A vessel that has arrived at Port of Dampier must be brought to a biosecurity entry point for the vessel at that port as soon as practicable (see section 246 of the Act).\n\n#### 8 Biosecurity entry points—goods\n\n Each area of Port of Dampier specified in column 2 of an item of the following table is designated as a biosecurity entry point for goods, or goods included in a class of goods, specified in column 1 of the item.\n\n```html\n

Biosecurity entry points—goods

Item

Column 1

Goods

Column 2

Areas

1

All of the following:

(a) general goods;

(b) waste

The following areas:

(a) Bulk Material Facility (BMF);

(b) Dampier Cargo Wharf;

(ba) FDTS Facility;

(c) King Bay Supply Base (KBSB);

(d) Toll Dampier Supply Base Terminal

2

Baggage carried on a vessel other than a non-commercial vessel or a passenger vessel

The following areas:

(a) Bulk Liquid Berth;

(b) Bulk Material Facility (BMF);

(c) Dampier Cargo Wharf;

(d) Dampier Fuel Berth, Parker Point;

(e) East Intercourse Island Port Operations;

(ea) FDTS Facility;

(f) King Bay Supply Base (KBSB);

(g) Mistaken Island Port Operations;

(h) Parker Point Port Operations (Berths 2-5);

(i) Pluto Terminal;

(j) Toll Dampier Supply Base Terminal;

(k) Withnell Bay Terminal

3

Inorganic bulk goods

The following areas:

(a) Bulk Liquid Berth;

(b) Bulk Material Facility (BMF);

(c) Dampier Cargo Wharf;

(d) Dampier Fuel Berth, Parker Point;

(da) FDTS Facility;

(e) King Bay Supply Base (KBSB);

(f) Toll Dampier Supply Base Terminal

4

Freight containers

The following areas:

(a) Dampier Cargo Wharf;

(b) FDTS Facility;

(c) Toll Dampier Supply Base Terminal

\n```\n\n> Note: If a vessel has arrived at Port of Dampier and is carrying goods that are to be unloaded from the vessel, those goods must be brought to a biosecurity entry point for those goods as soon as practicable (see section 147 of the Act).\n\n## Part 4—Conditions\n\n#### 9 Conditions—notifying Agriculture Department of changes\n\n (1) The determination of Port of Dampier as a first point of entry by this instrument is subject to the conditions in this section.\n (2) If the owner (or, if there is more than one owner, an owner) of Port of Dampier becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Port of Dampier; or\n (b) a biosecurity entry point at Port of Dampier;\n the owner (or, if there is more than one owner, an owner) must give the Agriculture Department, in writing, notice of the change as soon as practicable after becoming aware that the change has occurred or will occur.\n (3) If the lessee (if any) (or, if there is more than one lessee, a lessee) of Port of Dampier becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Port of Dampier; or\n (b) a biosecurity entry point at Port of Dampier;\n the lessee (or, if there is more than one lessee, a lessee) must give the Agriculture Department, in writing, notice of the change as soon as practicable after becoming aware that the change has occurred or will occur.\n (4) If a person or body that is responsible for carrying out operations at Port of Dampier proposes to make a change referred to in subsection (5), the person or body must give the Agriculture Department, in writing, reasonable notice of the proposed change.\n (5) For the purposes of subsection (4), the changes are as follows:\n (a) a change to the procedures at Port of Dampier providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Dampier;\n (b) a change to the facilities or amenities available at Port of Dampier for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Dampier;\n (c) a change to the procedures at Port of Dampier that may affect the ability of a person who carries out operations at Port of Dampier to identify biosecurity risks associated with those operations;\n (d) a change to the procedures at Port of Dampier that may affect the ability for biosecurity officials or human biosecurity officials to be informed of any identified biosecurity risks associated with operations carried out at Port of Dampier;\n (e) a change to the procedures at Port of Dampier for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Dampier.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Conditions—notifying Agriculture Department of changes","content":"#### 9 Conditions—notifying Agriculture Department of changes\n\n (1) The determination of Port of Dampier as a first point of entry by this instrument is subject to the conditions in this section.\n (2) If the owner (or, if there is more than one owner, an owner) of Port of Dampier becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Port of Dampier; or\n (b) a biosecurity entry point at Port of Dampier;\n the owner (or, if there is more than one owner, an owner) must give the Agriculture Department, in writing, notice of the change as soon as practicable after becoming aware that the change has occurred or will occur.\n (3) If the lessee (if any) (or, if there is more than one lessee, a lessee) of Port of Dampier becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Port of Dampier; or\n (b) a biosecurity entry point at Port of Dampier;\n the lessee (or, if there is more than one lessee, a lessee) must give the Agriculture Department, in writing, notice of the change as soon as practicable after becoming aware that the change has occurred or will occur.\n (4) If a person or body that is responsible for carrying out operations at Port of Dampier proposes to make a change referred to in subsection (5), the person or body must give the Agriculture Department, in writing, reasonable notice of the proposed change.\n (5) For the purposes of subsection (4), the changes are as follows:\n (a) a change to the procedures at Port of Dampier providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Dampier;\n (b) a change to the facilities or amenities available at Port of Dampier for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Dampier;\n (c) a change to the procedures at Port of Dampier that may affect the ability of a person who carries out operations at Port of Dampier to identify biosecurity risks associated with those operations;\n (d) a change to the procedures at Port of Dampier that may affect the ability for biosecurity officials or human biosecurity officials to be informed of any identified biosecurity risks associated with operations carried out at Port of Dampier;\n (e) a change to the procedures at Port of Dampier for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Dampier.","sortOrder":11}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This determination formally adds Port of Dampier as a first point of entry for the classes of vessels and goods listed (ss5–6) and specifies which named port areas serve as the biosecurity entry points for each class (ss7–8). It therefore creates new, specific compliance duties: carriers must take arriving vessels/goods to those entry points as soon as practicable (ss7, 8), and port owners/lessees/operators must notify the Agriculture Department of changes to operators, facilities or procedures that could affect biosecurity and provide reasonable notice of proposed changes (s9)."},"complexity_factors":["Multiple cross-references to the Biosecurity Act 2015 (including defined terms in s9 and operational rules in ss147, 173, 174, 229, 246), increasing reliance on external definitions and rules.","Detailed mapping of classes (vessels/goods) to numerous named port areas (tables in ss7–8), requiring careful matching in operational practice.","Operational obligations framed with open-ended timing standards — \"as soon as practicable\" and \"reasonable notice\" (ss7, 8, 9) — creating administrative discretion.","Several distinct notification duties imposed on different parties (owners, lessees, persons or bodies responsible for operations) under s9(2)–(4), raising compliance coordination needs.","Precise definitional exclusions (eg. non‑commercial vessel, freight container, inorganic bulk goods) mean applicability depends on technical definitions.","References to prohibited/conditionally non‑prohibited goods (notes referring to ss173–174) create conditional scope that must be checked case‑by‑case.","Document contains repeated text/tables (in source) which can complicate reading but not substance."],"plain_english_summary":"This instrument designates the Port of Dampier as a \"first point of entry\" under the Biosecurity Act 2015 for most commercial vessels and for specified classes of goods (baggage, freight containers, general goods, inorganic bulk goods and waste). It also names particular berths and facilities as the biosecurity entry points where those vessels or goods must be taken as soon as practicable. The port owner, lessee and operators must give the Agriculture Department written notice of changes to operators, facilities or procedures that could affect biosecurity, and must give reasonable notice of proposed changes."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a standard port-specific determination made under the Biosecurity Act 2015. It follows the typical template for first point of entry determinations, establishing the port's status, permitted goods and vessel types, designated entry points, and notification conditions. There is no indication of scope creep beyond the original purpose of regulating biosecurity entry at this specific port."},"complexity_factors":["7 defined terms in the interpretation section, most referencing external definitions from the Biosecurity Act 2015 or Biosecurity Regulation 2016","2 detailed tables mapping vessel types and goods classes to specific physical locations within the port (11 different areas designated)","Multiple nested exceptions and qualifications (e.g., 'baggage carried on a vessel other than a non-commercial vessel or a passenger vessel')","Cross-references to external legislation (Biosecurity Act 2015, sections 9, 19, 147, 173, 174, 229, 246; Biosecurity Regulation 2016)","Conditional notification requirements in Part 4 with multiple triggering events (changes to business entities, procedures, facilities, or risk management)","Specific technical definitions (e.g., freight containers limited to 20-foot or 40-foot containers; inorganic bulk goods defined by what they exclude)"],"plain_english_summary":"The instrument designates the Port of Dampier as an official first point of entry for international vessels and goods under Australia’s biosecurity laws, allowing specified commercial vessels to arrive directly and be inspected. \n\nIt affects shipping companies, port owners/operators, importers and biosecurity officials by prescribing where and how incoming cargo and vessels must be handled to manage pest, disease and invasive-species risks and avoid added delays or costs."}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-first-point-of-entry-port-of-dampier-determination-2019","history":"/api/acts/biosecurity-first-point-of-entry-port-of-dampier-determination-2019/history","analysis":"/api/acts/biosecurity-first-point-of-entry-port-of-dampier-determination-2019/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-port-of-dampier-determination-2019/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-port-of-dampier-determination-2019/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-port-of-dampier-determination-2019/documents"}}