{"id":"F2019L01558","name":"Biosecurity (First Point of Entry—Port of Sydney) Determination 2019","slug":"biosecurity-first-point-of-entry-port-of-sydney-determination-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":100410,"registerId":"commonwealth-F2019L01558-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 Sydney) 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> container has the same meaning as in the Biosecurity Regulation 2016.\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 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> non‑commercial vessel baggage means baggage carried on a non‑commercial vessel.\n\nnon-commercial vessel waste means waste carried on a non-commercial vessel.\n\n> passenger vessel baggage means baggage carried on a passenger vessel.\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:\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 Sydney is a first point of entry for vessels generally.\n\n#### 6 First point of entry—goods\n\n Port of Sydney is a first point of entry for goods other than the following:\n (a) freight containers;\n (b) live horses.\n\n> Note: 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 Sydney 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

Non-commercial vessels

The following areas:

(a) Department of Home Affairs Jetty, Neutral Bay;

(b) Sydney Superyacht Marina

2

Vessels other than non‑commercial vessels

The following areas:

(a) Overseas passenger Terminal (OPT);

(b) White Bay Berth 4;

(c) White Bay Berth 5

3

Vessels other than the following:

(a) non‑commercial vessels;

(b) passenger vessels

The following areas:

(a) Chowder Bay Naval Fuel Installation;

(b) Fleet Base East;

(c) Glebe Island Berth 1;

(d) Glebe Island Berth 2;

(e) Glebe Island Berth 7;

(f) Glebe Island Berth 8;

(g) Gore Bay Terminal;

(h) HMAS Waterhen;

(i) Naval Waters Buoy 1;

(j) Naval Waters Buoy 2;

(k) Naval Waters Buoy 3;

(l) Naval Waters Buoy 4;

(m) White Bay Berth 3

\n```\n\n> Note: A vessel that has arrived at Port of Sydney 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 Sydney 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) non‑commercial vessel baggage;

(b) non-commercial vessel waste

The following areas:

(a) Department of Home Affairs Jetty, Neutral Bay;

(b) Sydney Superyacht Marina

2

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

The following areas:

(a) Chowder Bay Naval Fuel Installation;

(b) Fleet Base East;

(c) Glebe Island Berth 1;

(d) Glebe Island Berth 2;

(e) Glebe Island Berth 7;

(f) Glebe Island Berth 8;

(g) Gore Bay Terminal;

(h) HMAS Waterhen;

(i) Naval Waters Buoy 1;

(j) Naval Waters Buoy 2;

(k) Naval Waters Buoy 3;

(l) Naval Waters Buoy 4;

(m) Overseas passenger Terminal (OPT);

(n) White Bay Berth 3;

(o) White Bay Berth 4;

(p) White Bay Berth 5

3

General goods

The following areas:

(a) Fleet Base East;

(b) Glebe Island Berth 1;

(c) Glebe Island Berth 2;

(d) Glebe Island Berth 7;

(e) Glebe Island Berth 8;

(f) HMAS Waterhen;

(g) White Bay Berth 3

4

Inorganic bulk goods

The following areas:

(a) Fleet Base East;

(b) Glebe Island Berth 1;

(c) Glebe Island Berth 2;

(d) Glebe Island Berth 7;

(e) Glebe Island Berth 8;

(f) Gore Bay Terminal;

(g) HMAS Waterhen;

(h) White Bay Berth 3

5

Passenger vessel baggage

The following areas:

(a) Overseas passenger Terminal (OPT);

(b) White Bay Cruise Terminal

6

Waste

The following areas:

(a) Fleet Base East;

(b) Glebe Island Berth 1;

(c) Glebe Island Berth 2;

(d) Glebe Island Berth 7;

(e) Glebe Island Berth 8;

(f) HMAS Waterhen;

(g) Overseas passenger Terminal (OPT);

(h) White Bay Berth 3;

(i) White Bay Berth 4;

(j) White Bay Berth 5

\n```\n\n> Note: If a vessel has arrived at Port of Sydney 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 Sydney 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 Sydney becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Port of Sydney; or\n (b) a biosecurity entry point at Port of Sydney;\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 Sydney becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Port of Sydney; or\n (b) a biosecurity entry point at Port of Sydney;\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 Sydney 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 Sydney providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Sydney;\n (b) a change to the facilities or amenities available at Port of Sydney for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Sydney;\n (c) a change to the procedures at Port of Sydney that may affect the ability of a person who carries out operations at Port of Sydney to identify biosecurity risks associated with those operations;\n (d) a change to the procedures at Port of Sydney 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 Sydney;\n (e) a change to the procedures at Port of Sydney for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Sydney.","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This is the Biosecurity (First Point of Entry—Port of Sydney) 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> container has the same meaning as in the Biosecurity Regulation 2016.\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 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> non‑commercial vessel baggage means baggage carried on a non‑commercial vessel.\n\nnon-commercial vessel waste means waste carried on a non-commercial vessel.\n\n> passenger vessel baggage means baggage carried on a passenger vessel.\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:\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 Sydney) 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> container has the same meaning as in the Biosecurity Regulation 2016.\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 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> non‑commercial vessel baggage means baggage carried on a non‑commercial vessel.\n\nnon-commercial vessel waste means waste carried on a non-commercial vessel.\n\n> passenger vessel baggage means baggage carried on a passenger vessel.\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:\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 Sydney is a first point of entry for vessels generally.\n\n#### 6 First point of entry—goods\n\n Port of Sydney is a first point of entry for goods other than the following:\n (a) freight containers;\n (b) live horses.\n\n> Note: 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 Sydney 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

Non-commercial vessels

The following areas:

(a) Department of Home Affairs Jetty, Neutral Bay;

(b) Sydney Superyacht Marina

2

Vessels other than non‑commercial vessels

The following areas:

(a) Overseas passenger Terminal (OPT);

(b) White Bay Berth 4;

(c) White Bay Berth 5

3

Vessels other than the following:

(a) non‑commercial vessels;

(b) passenger vessels

The following areas:

(a) Chowder Bay Naval Fuel Installation;

(b) Fleet Base East;

(c) Glebe Island Berth 1;

(d) Glebe Island Berth 2;

(e) Glebe Island Berth 7;

(f) Glebe Island Berth 8;

(g) Gore Bay Terminal;

(h) HMAS Waterhen;

(i) Naval Waters Buoy 1;

(j) Naval Waters Buoy 2;

(k) Naval Waters Buoy 3;

(l) Naval Waters Buoy 4;

(m) White Bay Berth 3

\n```\n\n> Note: A vessel that has arrived at Port of Sydney 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 Sydney 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) non‑commercial vessel baggage;

(b) non-commercial vessel waste

The following areas:

(a) Department of Home Affairs Jetty, Neutral Bay;

(b) Sydney Superyacht Marina

2

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

The following areas:

(a) Chowder Bay Naval Fuel Installation;

(b) Fleet Base East;

(c) Glebe Island Berth 1;

(d) Glebe Island Berth 2;

(e) Glebe Island Berth 7;

(f) Glebe Island Berth 8;

(g) Gore Bay Terminal;

(h) HMAS Waterhen;

(i) Naval Waters Buoy 1;

(j) Naval Waters Buoy 2;

(k) Naval Waters Buoy 3;

(l) Naval Waters Buoy 4;

(m) Overseas passenger Terminal (OPT);

(n) White Bay Berth 3;

(o) White Bay Berth 4;

(p) White Bay Berth 5

3

General goods

The following areas:

(a) Fleet Base East;

(b) Glebe Island Berth 1;

(c) Glebe Island Berth 2;

(d) Glebe Island Berth 7;

(e) Glebe Island Berth 8;

(f) HMAS Waterhen;

(g) White Bay Berth 3

4

Inorganic bulk goods

The following areas:

(a) Fleet Base East;

(b) Glebe Island Berth 1;

(c) Glebe Island Berth 2;

(d) Glebe Island Berth 7;

(e) Glebe Island Berth 8;

(f) Gore Bay Terminal;

(g) HMAS Waterhen;

(h) White Bay Berth 3

5

Passenger vessel baggage

The following areas:

(a) Overseas passenger Terminal (OPT);

(b) White Bay Cruise Terminal

6

Waste

The following areas:

(a) Fleet Base East;

(b) Glebe Island Berth 1;

(c) Glebe Island Berth 2;

(d) Glebe Island Berth 7;

(e) Glebe Island Berth 8;

(f) HMAS Waterhen;

(g) Overseas passenger Terminal (OPT);

(h) White Bay Berth 3;

(i) White Bay Berth 4;

(j) White Bay Berth 5

\n```\n\n> Note: If a vessel has arrived at Port of Sydney 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 Sydney 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 Sydney becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Port of Sydney; or\n (b) a biosecurity entry point at Port of Sydney;\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 Sydney becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Port of Sydney; or\n (b) a biosecurity entry point at Port of Sydney;\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 Sydney 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 Sydney providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Sydney;\n (b) a change to the facilities or amenities available at Port of Sydney for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Sydney;\n (c) a change to the procedures at Port of Sydney that may affect the ability of a person who carries out operations at Port of Sydney to identify biosecurity risks associated with those operations;\n (d) a change to the procedures at Port of Sydney 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 Sydney;\n (e) a change to the procedures at Port of Sydney for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Sydney.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"First point of entry—vessels","content":"#### 5 First point of entry—vessels\n\n Port of Sydney is a first point of entry for vessels generally.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"First point of entry—goods","content":"#### 6 First point of entry—goods\n\n Port of Sydney is a first point of entry for goods other than the following:\n (a) freight containers;\n (b) live horses.\n\n> Note: 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 Sydney) 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> container has the same meaning as in the Biosecurity Regulation 2016.\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 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> non‑commercial vessel baggage means baggage carried on a non‑commercial vessel.\n\nnon-commercial vessel waste means waste carried on a non-commercial vessel.\n\n> passenger vessel baggage means baggage carried on a passenger vessel.\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:\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 Sydney is a first point of entry for vessels generally.\n\n#### 6 First point of entry—goods\n\n Port of Sydney is a first point of entry for goods other than the following:\n (a) freight containers;\n (b) live horses.\n\n> Note: 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 Sydney 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

Non-commercial vessels

The following areas:

(a) Department of Home Affairs Jetty, Neutral Bay;

(b) Sydney Superyacht Marina

2

Vessels other than non‑commercial vessels

The following areas:

(a) Overseas passenger Terminal (OPT);

(b) White Bay Berth 4;

(c) White Bay Berth 5

3

Vessels other than the following:

(a) non‑commercial vessels;

(b) passenger vessels

The following areas:

(a) Chowder Bay Naval Fuel Installation;

(b) Fleet Base East;

(c) Glebe Island Berth 1;

(d) Glebe Island Berth 2;

(e) Glebe Island Berth 7;

(f) Glebe Island Berth 8;

(g) Gore Bay Terminal;

(h) HMAS Waterhen;

(i) Naval Waters Buoy 1;

(j) Naval Waters Buoy 2;

(k) Naval Waters Buoy 3;

(l) Naval Waters Buoy 4;

(m) White Bay Berth 3

\n```\n\n> Note: A vessel that has arrived at Port of Sydney 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 Sydney 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) non‑commercial vessel baggage;

(b) non-commercial vessel waste

The following areas:

(a) Department of Home Affairs Jetty, Neutral Bay;

(b) Sydney Superyacht Marina

2

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

The following areas:

(a) Chowder Bay Naval Fuel Installation;

(b) Fleet Base East;

(c) Glebe Island Berth 1;

(d) Glebe Island Berth 2;

(e) Glebe Island Berth 7;

(f) Glebe Island Berth 8;

(g) Gore Bay Terminal;

(h) HMAS Waterhen;

(i) Naval Waters Buoy 1;

(j) Naval Waters Buoy 2;

(k) Naval Waters Buoy 3;

(l) Naval Waters Buoy 4;

(m) Overseas passenger Terminal (OPT);

(n) White Bay Berth 3;

(o) White Bay Berth 4;

(p) White Bay Berth 5

3

General goods

The following areas:

(a) Fleet Base East;

(b) Glebe Island Berth 1;

(c) Glebe Island Berth 2;

(d) Glebe Island Berth 7;

(e) Glebe Island Berth 8;

(f) HMAS Waterhen;

(g) White Bay Berth 3

4

Inorganic bulk goods

The following areas:

(a) Fleet Base East;

(b) Glebe Island Berth 1;

(c) Glebe Island Berth 2;

(d) Glebe Island Berth 7;

(e) Glebe Island Berth 8;

(f) Gore Bay Terminal;

(g) HMAS Waterhen;

(h) White Bay Berth 3

5

Passenger vessel baggage

The following areas:

(a) Overseas passenger Terminal (OPT);

(b) White Bay Cruise Terminal

6

Waste

The following areas:

(a) Fleet Base East;

(b) Glebe Island Berth 1;

(c) Glebe Island Berth 2;

(d) Glebe Island Berth 7;

(e) Glebe Island Berth 8;

(f) HMAS Waterhen;

(g) Overseas passenger Terminal (OPT);

(h) White Bay Berth 3;

(i) White Bay Berth 4;

(j) White Bay Berth 5

\n```\n\n> Note: If a vessel has arrived at Port of Sydney 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 Sydney 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 Sydney becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Port of Sydney; or\n (b) a biosecurity entry point at Port of Sydney;\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 Sydney becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Port of Sydney; or\n (b) a biosecurity entry point at Port of Sydney;\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 Sydney 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 Sydney providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Sydney;\n (b) a change to the facilities or amenities available at Port of Sydney for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Sydney;\n (c) a change to the procedures at Port of Sydney that may affect the ability of a person who carries out operations at Port of Sydney to identify biosecurity risks associated with those operations;\n (d) a change to the procedures at Port of Sydney 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 Sydney;\n (e) a change to the procedures at Port of Sydney for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Sydney.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Biosecurity entry points—vessels","content":"#### 7 Biosecurity entry points—vessels\n\n Each area of Port of Sydney 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

Non-commercial vessels

The following areas:

(a) Department of Home Affairs Jetty, Neutral Bay;

(b) Sydney Superyacht Marina

2

Vessels other than non‑commercial vessels

The following areas:

(a) Overseas passenger Terminal (OPT);

(b) White Bay Berth 4;

(c) White Bay Berth 5

3

Vessels other than the following:

(a) non‑commercial vessels;

(b) passenger vessels

The following areas:

(a) Chowder Bay Naval Fuel Installation;

(b) Fleet Base East;

(c) Glebe Island Berth 1;

(d) Glebe Island Berth 2;

(e) Glebe Island Berth 7;

(f) Glebe Island Berth 8;

(g) Gore Bay Terminal;

(h) HMAS Waterhen;

(i) Naval Waters Buoy 1;

(j) Naval Waters Buoy 2;

(k) Naval Waters Buoy 3;

(l) Naval Waters Buoy 4;

(m) White Bay Berth 3

\n```\n\n> Note: A vessel that has arrived at Port of Sydney 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 Sydney 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) non‑commercial vessel baggage;

(b) non-commercial vessel waste

The following areas:

(a) Department of Home Affairs Jetty, Neutral Bay;

(b) Sydney Superyacht Marina

2

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

The following areas:

(a) Chowder Bay Naval Fuel Installation;

(b) Fleet Base East;

(c) Glebe Island Berth 1;

(d) Glebe Island Berth 2;

(e) Glebe Island Berth 7;

(f) Glebe Island Berth 8;

(g) Gore Bay Terminal;

(h) HMAS Waterhen;

(i) Naval Waters Buoy 1;

(j) Naval Waters Buoy 2;

(k) Naval Waters Buoy 3;

(l) Naval Waters Buoy 4;

(m) Overseas passenger Terminal (OPT);

(n) White Bay Berth 3;

(o) White Bay Berth 4;

(p) White Bay Berth 5

3

General goods

The following areas:

(a) Fleet Base East;

(b) Glebe Island Berth 1;

(c) Glebe Island Berth 2;

(d) Glebe Island Berth 7;

(e) Glebe Island Berth 8;

(f) HMAS Waterhen;

(g) White Bay Berth 3

4

Inorganic bulk goods

The following areas:

(a) Fleet Base East;

(b) Glebe Island Berth 1;

(c) Glebe Island Berth 2;

(d) Glebe Island Berth 7;

(e) Glebe Island Berth 8;

(f) Gore Bay Terminal;

(g) HMAS Waterhen;

(h) White Bay Berth 3

5

Passenger vessel baggage

The following areas:

(a) Overseas passenger Terminal (OPT);

(b) White Bay Cruise Terminal

6

Waste

The following areas:

(a) Fleet Base East;

(b) Glebe Island Berth 1;

(c) Glebe Island Berth 2;

(d) Glebe Island Berth 7;

(e) Glebe Island Berth 8;

(f) HMAS Waterhen;

(g) Overseas passenger Terminal (OPT);

(h) White Bay Berth 3;

(i) White Bay Berth 4;

(j) White Bay Berth 5

\n```\n\n> Note: If a vessel has arrived at Port of Sydney 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 Sydney) 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> container has the same meaning as in the Biosecurity Regulation 2016.\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 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> non‑commercial vessel baggage means baggage carried on a non‑commercial vessel.\n\nnon-commercial vessel waste means waste carried on a non-commercial vessel.\n\n> passenger vessel baggage means baggage carried on a passenger vessel.\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:\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 Sydney is a first point of entry for vessels generally.\n\n#### 6 First point of entry—goods\n\n Port of Sydney is a first point of entry for goods other than the following:\n (a) freight containers;\n (b) live horses.\n\n> Note: 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 Sydney 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

Non-commercial vessels

The following areas:

(a) Department of Home Affairs Jetty, Neutral Bay;

(b) Sydney Superyacht Marina

2

Vessels other than non‑commercial vessels

The following areas:

(a) Overseas passenger Terminal (OPT);

(b) White Bay Berth 4;

(c) White Bay Berth 5

3

Vessels other than the following:

(a) non‑commercial vessels;

(b) passenger vessels

The following areas:

(a) Chowder Bay Naval Fuel Installation;

(b) Fleet Base East;

(c) Glebe Island Berth 1;

(d) Glebe Island Berth 2;

(e) Glebe Island Berth 7;

(f) Glebe Island Berth 8;

(g) Gore Bay Terminal;

(h) HMAS Waterhen;

(i) Naval Waters Buoy 1;

(j) Naval Waters Buoy 2;

(k) Naval Waters Buoy 3;

(l) Naval Waters Buoy 4;

(m) White Bay Berth 3

\n```\n\n> Note: A vessel that has arrived at Port of Sydney 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 Sydney 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) non‑commercial vessel baggage;

(b) non-commercial vessel waste

The following areas:

(a) Department of Home Affairs Jetty, Neutral Bay;

(b) Sydney Superyacht Marina

2

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

The following areas:

(a) Chowder Bay Naval Fuel Installation;

(b) Fleet Base East;

(c) Glebe Island Berth 1;

(d) Glebe Island Berth 2;

(e) Glebe Island Berth 7;

(f) Glebe Island Berth 8;

(g) Gore Bay Terminal;

(h) HMAS Waterhen;

(i) Naval Waters Buoy 1;

(j) Naval Waters Buoy 2;

(k) Naval Waters Buoy 3;

(l) Naval Waters Buoy 4;

(m) Overseas passenger Terminal (OPT);

(n) White Bay Berth 3;

(o) White Bay Berth 4;

(p) White Bay Berth 5

3

General goods

The following areas:

(a) Fleet Base East;

(b) Glebe Island Berth 1;

(c) Glebe Island Berth 2;

(d) Glebe Island Berth 7;

(e) Glebe Island Berth 8;

(f) HMAS Waterhen;

(g) White Bay Berth 3

4

Inorganic bulk goods

The following areas:

(a) Fleet Base East;

(b) Glebe Island Berth 1;

(c) Glebe Island Berth 2;

(d) Glebe Island Berth 7;

(e) Glebe Island Berth 8;

(f) Gore Bay Terminal;

(g) HMAS Waterhen;

(h) White Bay Berth 3

5

Passenger vessel baggage

The following areas:

(a) Overseas passenger Terminal (OPT);

(b) White Bay Cruise Terminal

6

Waste

The following areas:

(a) Fleet Base East;

(b) Glebe Island Berth 1;

(c) Glebe Island Berth 2;

(d) Glebe Island Berth 7;

(e) Glebe Island Berth 8;

(f) HMAS Waterhen;

(g) Overseas passenger Terminal (OPT);

(h) White Bay Berth 3;

(i) White Bay Berth 4;

(j) White Bay Berth 5

\n```\n\n> Note: If a vessel has arrived at Port of Sydney 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 Sydney 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 Sydney becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Port of Sydney; or\n (b) a biosecurity entry point at Port of Sydney;\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 Sydney becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Port of Sydney; or\n (b) a biosecurity entry point at Port of Sydney;\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 Sydney 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 Sydney providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Sydney;\n (b) a change to the facilities or amenities available at Port of Sydney for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Sydney;\n (c) a change to the procedures at Port of Sydney that may affect the ability of a person who carries out operations at Port of Sydney to identify biosecurity risks associated with those operations;\n (d) a change to the procedures at Port of Sydney 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 Sydney;\n (e) a change to the procedures at Port of Sydney for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Sydney.","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 Sydney 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 Sydney becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Port of Sydney; or\n (b) a biosecurity entry point at Port of Sydney;\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 Sydney becomes aware that there has been, or will be, a change to the business entity operating:\n (a) Port of Sydney; or\n (b) a biosecurity entry point at Port of Sydney;\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 Sydney 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 Sydney providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Sydney;\n (b) a change to the facilities or amenities available at Port of Sydney for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Sydney;\n (c) a change to the procedures at Port of Sydney that may affect the ability of a person who carries out operations at Port of Sydney to identify biosecurity risks associated with those operations;\n (d) a change to the procedures at Port of Sydney 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 Sydney;\n (e) a change to the procedures at Port of Sydney for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Sydney.","sortOrder":11}],"analysis":{"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"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"No material change of legislative scope is evident within the instrument itself. It implements the Biosecurity Act by declaring Port of Sydney a first point of entry, specifying designated entry points for classes of vessels and goods, and adding procedural notification conditions. The instrument narrows applicability only where expressly excluded (freight containers and live horses) and otherwise operates within the statutory scheme rather than expanding or contracting the Act’s general biosecurity powers."},"complexity_factors":["Multiple cross‑references to the Biosecurity Act and Regulations (e.g. ss 147, 173–174, 229, 246) require reading the instrument together with primary legislation and other determinations.","Classification matrix: separate tables map classes of vessels and classes of goods to many specific named berths and areas, increasing operational detail to apply.","Built‑in legal standards with open wording—'as soon as practicable' and 'reasonable notice'—create administrative discretion and case‑by‑case compliance uncertainty (see notes and s 7, s 8, s 9).","Notification duties attach to different actors (owner, lessee, 'person or body' operating) and to both changes of business entity and procedural/facility changes, producing multiple compliance paths (s 9).","Exclusions and definitions (e.g. freight containers, live horses, inorganic bulk goods, 'general goods') require careful parsing to determine which goods are covered and where they must be processed (s 4, s 6).","Operational coordination costs: moving arriving vessels/goods to designated biosecurity entry points 'as soon as practicable' may impose time, handling and logistical costs on operators and port management (s 7, s 8)."],"plain_english_summary":"Designates Port of Sydney as a ‘first point of entry’ under the Biosecurity Act for vessels (generally) and for most goods (excluding freight containers and live horses). It lists specific berths and marinas as the places where particular classes of vessels and goods must be brought for biosecurity control, and it obliges port owners, lessees and operators to notify the Agriculture Department of business or procedural changes affecting biosecurity. Affects vessel operators, port owners/lessees and anyone unloading goods; it prescribes where controls occur and creates notification and coordination duties."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: designating Sydney as a first point of entry and specifying where vessels and goods may enter. The detailed tables and notification conditions are administrative implementations of this core function rather than scope creep."},"complexity_factors":["11 defined terms in section 4, with 3 terms ('container', 'non-commercial vessel', 'vessel') requiring external cross-references to the parent Act or Regulation","2 detailed lookup tables (sections 7 and 8) with 3 and 6 items respectively, mapping vessel/goods categories to specific geographic locations","Nested negative definitions in tables — e.g., 'vessels other than non-commercial vessels' and 'vessels other than the following: (a) non-commercial vessels; (b) passenger vessels'","Multiple overlapping categories for goods (general goods, inorganic bulk goods, waste, baggage) with different permitted entry points creating potential classification conflicts","Conditional notification requirements in section 9 with layered triggers (owners, lessees, operators) and 5 distinct categories of reportable changes","External references to Biosecurity Act 2015 (sections 9, 19, 147, 173, 174, 229, 246) and Biosecurity Regulation 2016"],"plain_english_summary":"This determination designates Sydney Harbour as a controlled “first point of entry,” specifying which wharves and terminals international vessels must use, banning certain cargoes (notably freight containers and live horses) from arriving at Sydney, and setting distinct unloading locations for baggage, waste, general cargo and bulk chemicals. It also creates notification duties for port owners and operators. It affects shipmasters, shipping companies, terminal operators, and biosecurity/customs authorities—ensuring compliance with Australia’s pest-and-disease protections."}},"importantCases":[],"_links":{"self":"/api/acts/biosecurity-first-point-of-entry-port-of-sydney-determination-2019","history":"/api/acts/biosecurity-first-point-of-entry-port-of-sydney-determination-2019/history","analysis":"/api/acts/biosecurity-first-point-of-entry-port-of-sydney-determination-2019/analysis","conflicts":"/api/acts/biosecurity-first-point-of-entry-port-of-sydney-determination-2019/conflicts","importantCases":"/api/acts/biosecurity-first-point-of-entry-port-of-sydney-determination-2019/important-cases","documents":"/api/acts/biosecurity-first-point-of-entry-port-of-sydney-determination-2019/documents"}}