{"id":"plant-health-regulations-2011","name":"PLANT HEALTH REGULATIONS 2011","slug":"plant-health-regulations-2011","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177108,"registerId":"nt-plant-health-regulations-2011-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"PLANT HEALTH REGULATIONS 2011","content":"NORTHERN TERRITORY OF AUSTRALIA\nPLANT HEALTH REGULATIONS 2011\nAs in force at 23 May 2025\nTable of provisions\nPart 1 Preliminary matters\n1 Citation ............................................................................................ 1\n2 Commencement .............................................................................. 1\n3 Definitions ........................................................................................ 1\n4 References to organisms ................................................................. 4\n4A Regulation of plants and plant-related materials.............................. 4\nPart 2 Control of pests on introduction of plants\netc. into the Territory\nDivision 1 Application of Part\n6 Multiple requirements for plants....................................................... 5\nDivision 2 Requirements about particular pests\n7 Ants in potting mix ........................................................................... 5\n7A Ants in turf ....................................................................................... 6\n8 Fruit flies – introduction of fruits of declared host plants into\nTerritory ........................................................................................... 6\n9 Fruit flies – introduction of fruits of declared host plants into\naccredited production places ........................................................... 7\n10 Melon thrips ..................................................................................... 8\n11 Scale insects and sucking insects ................................................... 9\n12 Soil borne pests and snails – plants generally ................................. 9\nDivision 3 Requirements about particular plants\n14 Avocado......................................................................................... 10\n15 Banana, plantain and Manila hemp ............................................... 11\n16 Citrus and Fortunella ..................................................................... 12\n17 Grape plants .................................................................................. 12\n18 Maize ............................................................................................. 14\n19 Papaya .......................................................................................... 14\n20 Passionfruit .................................................................................... 15\n22 Potato ............................................................................................ 15\n23 Soybean ........................................................................................ 16\n\nPlant Health Regulations 2011 ii\nDivision 4 Requirements about particular plant-related\nmaterials\n24 Grape plant related equipment ...................................................... 17\n25 Soil, compost and potting mix ........................................................ 17\n25A Hay and other fodder ..................................................................... 18\n26 Standards for certain plant-related materials ................................. 18\n26B Control of tomato potato psyllid ..................................................... 19\n26C Control of European house borer .................................................. 20\nPart 2B Control of Cucumber Green Mottle Mosaic\nVirus\n26E Application ..................................................................................... 21\n26F Definitions ...................................................................................... 21\n26G Prohibition of export from the Territory .......................................... 21\n26H Owner must have farm biosecurity plan for host plant ................... 22\n26J Owner must produce farm biosecurity plan to inspector ................ 22\n26K Inspector may vary farm biosecurity plan ...................................... 22\nPart 3 Certification of plant health\n27 Certificates ..................................................................................... 22\n28 Matters specified in certificate ....................................................... 22\n29 Corresponding laws ....................................................................... 23\nPart 4 Infringement notice and infringement\nnotice offence\n30 Infringement notice offence and prescribed amount payable ........ 23\n31 When infringement notice may be given ........................................ 24\n32 Contents of infringement notice ..................................................... 24\n33 Payment by cheque ....................................................................... 25\n34 Withdrawal of infringement notice.................................................. 25\n35 Application of Part ......................................................................... 25\nPart 5 Administrative matters\n36 Permit for introduction ................................................................... 26\n36A Export permit ................................................................................. 26\n37 Inspector's powers for section 17 of the Act .................................. 26\n38 Labelling of plants and plant products ........................................... 27\n40 Approved inspection, test and treatment for pests......................... 28\n\nPlant Health Regulations 2011 iii\nSchedule 1 Soil borne pests and snails\nSchedule 2 Pests relating to Musa or Ensete\nSchedule 3 Infringement notice offences and\nprescribed amounts\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 23 May 2025\n____________________\nPLANT HEALTH REGULATIONS 2011\nRegulations under the Plant Health Act 2008\nPart 1 Preliminary matters\n1 Citation\nThese Regulations may be cited as the Plant Health\nRegulations 2011.\n2 Commencement\nThese Regulations commence on the commencement of the Plant\nHealth Act 2008.\n3 Definitions\nIn these Regulations:\napproved inspection means an inspection approved under\nregulation 40.\napproved test means a test approved under regulation 40.\napproved treatment means a treatment approved under\nregulation 40.\narea freedom certificate, in relation to a declared pest, means a\ncertificate or other form of certification issued by a government\nofficial responsible for agriculture in a State or another Territory that\ncertifies that the State or Territory, or a specified area of a State or\nanother Territory, is free of the declared pest.\nbare-rooted, in relation to a plant, means the plant has no soil on\nor around its roots.\ncompost means a mixture of one or both of following:\n(a) decaying organic matter;\n\nPart 1 Preliminary matters\nPlant Health Regulations 2011 2\n(b) decayed organic matter.\ncorresponding law, see regulation 29.\nexport permit means a permit issued under regulation 36A.\ngovernment certificate, in relation to a plant or plant-related\nmaterial being introduced into the Territory, means a certificate or\nother form of certification that:\n(a) certifies matters in relation to the plant or plant-related\nmaterial; and\n(b) is issued by a government official responsible for agriculture in\na State or another Territory.\ngrape plant means the plant belonging to the genus Vitis.\ngrape product means a product of crushing berries of a grape\nplant, including juice, skins, seeds, pulp and any incidentally\ncrushed stems and leaves.\ngrapevine material means any part of a grape plant, other than a\ngrape product, table grape, wine grape or the dried berry.\ninfringement notice, see regulation 31.\ninfringement notice offence, see regulation 30(1).\ninterstate assurance certificate, in relation to a plant or\nplant-related material being introduced into the Territory, means a\ncertificate or other form of certification that:\n(a) is issued in the State or Territory where the plant was grown\nor the plant-related material was produced; and\n(b) is recognised in the Territory in accordance with section 45 of\nthe Act as:\n(i) an assurance certificate made under a corresponding\nlaw in that State or Territory; or\n(ii) a document that is in the nature of an assurance\ncertificate and made under a corresponding law in that\nState or Territory.\nintroduction, of plants into the Territory, includes the importation or\ntransportation of plants into the Territory (whether from another\ncountry, a State or another Territory).\n\nPart 1 Preliminary matters\nPlant Health Regulations 2011 3\nnursery stock means a plant that is grown for production of stock\nfor planting elsewhere (including, for example, as household plants)\nor for sale.\npermit for introduction means a permit issued under\nregulation 36.\nPEZ, see regulation 17(7).\nPhylloxera Exclusion Zone means an area:\n(a) specified under a corresponding law as being free of the\ndeclared pest; or\n(b) recognised by the National Vine Health Steering Committee\nas being free of the declared pest.\nplace of origin, for a plant to be introduced into the Territory,\nmeans the address of the place in which the plant was last grown\nbefore its transportation to the Territory.\npotting mix means a growing medium for plants that is composed\nof organic or inorganic components (or both), and includes sand,\nperlite, vermiculite, peat, woodchip and pine bark, but not soil.\nprescribed amount, see regulation 30(2).\nrelated scheme, for an interstate assurance certificate, means the\nscheme under which the certificate is made.\nsand means a naturally occurring granular material that:\n(a) is composed of worn, disintegrated or eroded rock and mineral\nparticles; and\n(b) does not include any soil or organic matter.\nExamples\n1 Washed river sand.\n2 Deep mined sand.\nsoil means the top layer of earth that is composed of rock, mineral\nparticles and organic matter.\ntable grapes means whole berries of a grape plant, intended for\nconsumption while fresh, including stalks to which the berries are\nattached but not including leaves or any other part of a grape plant.\nturf means a layer of live grass, and includes sods, stolons,\nrunners and roots.\n\nPart 1 Preliminary matters\nPlant Health Regulations 2011 4\nware potato means potato grown for consumption (rather than as\nseeds or any other purposes).\nwine grapes means whole berries of a grape plant intended for the\nproduction of wine, including stalks to which the berries are\nattached but not including leaves or any other part of a grape plant.\n4 References to organisms\n(1) In these Regulations, an organism is generally identified in the\nfollowing order:\n(a) first, its scientific name (or a name that is generally accepted\nas the synonym of its scientific name);\n(b) secondly, its common name, or, if it is a pest, either its\ncommon name or a condition caused by it (see, for example,\nSchedule 1).\n(2) To avoid doubt, a reference in these Regulations to a pest includes\na reference to the pest in any stage of its life cycle.\nExample for subregulation (2)\nA reference to a pest includes a reference to the pest as a larva.\n4A Regulation of plants and plant-related materials\nFor section 17 of the Act, Parts 2 and 2B of these Regulations\nprohibit, restrict and impose other requirements in relation to the\nintroduction into the Territory and export from the Territory of plants\nand plant-related materials.\nNotes for regulation 4A\n1 Any plant or plant-related material being introduced into the Territory from\nanother country must also comply with the Biosecurity Act 2015 (Cth) and\nany other applicable Commonwealth legislation.\n2 A contravention of a provision in Part 2 or 2B is an offence against\nsection 17(6) of the Act.\n\nPart 2 Control of pests on introduction of plants etc. into the Territory\nDivision 2 Requirements about particular pests\nPlant Health Regulations 2011 5\nPart 2 Control of pests on introduction of plants etc.\ninto the Territory\nDivision 1 Application of Part\n6 Multiple requirements for plants\nIf more than one provision applies to a plant under this Part, the\noperation of one provision does not affect the operation of the other\nprovisions.\nExample for regulation 6\nPlants of grapevine may be subject to the requirements of regulations 12 and 17.\nDivision 2 Requirements about particular pests\n7 Ants in potting mix\n(1) This regulation provides for the control of the following declared\npests:\n(a) Anoplolepis gracilipes (Fr. Smith), also known as yellow crazy\nant;\n(b) Linepithema humile (Mayr), also known as Argentine ant;\n(c) Solenopsis invicta (Buren), also known as red imported fire\nant;\n(d) Wasmannia auropunctata (Roger), also known as electric ant.\n(2) A person must not introduce into the Territory a plant grown in\npotting mix unless:\n(a) the plant was grown in an area where an area freedom\ncertificate for the declared pests is in force; or\n(b) a government certificate or interstate assurance certificate\ncertifies that:\n(i) the plant was inspected and found to be not infested with\nthe declared pests before it is introduced; or\n(ii) the place where the plant was grown is more than 5 km\nfrom the boundary of any area infested with the declared\npests; or\n\nPart 2 Control of pests on introduction of plants etc. into the Territory\nDivision 2 Requirements about particular pests\nPlant Health Regulations 2011 6\n(iii) the plant has undergone an approved treatment for the\npests; or(c) the plant is introduced in accordance with a\npermit for introduction.\n7A Ants in turf\n(1) This regulation provides for the control of the following declared\npests:\n(a) Anoplolepis gracilipes (Fr. Smith), also known as yellow crazy\nant;\n(b) Linepithema humile (Mayr), also known as Argentine ant;\n(c) Solenopsis invicta (Buren), also known as red imported fire\nant;\n(d) Wasmannia auropunctata (Roger), also known as electric ant.\n(2) A person must not introduce into the Territory any turf unless:\n(a) the turf was grown in an area where an area freedom\ncertificate for the declared pests is in force; or\n(ab) a government certificate or interstate assurance certificate\ncertifies that the turf has undergone an approved treatment for\nthe pests; or\n(b) the turf is introduced in accordance with a permit for\nintroduction.\n8 Fruit flies – introduction of fruits of declared host plants into\nTerritory\n(1) This regulation applies in relation to the declared host plants of any\nof the pests specified in the following table:\nItem Scientific name Common name\n1 Bactrocera musae (Tryon) banana fruit fly\n2 Ceratitis capitata (Wiedemann) Mediterranean fruit fly\n(2) A person must not introduce into the Territory any declared host\nplant that consists of or includes fruit unless the plant is\naccompanied by a government certificate or an interstate\nassurance certificate specifying:\n(a) the place of origin of the plant is not infested with any of the\npests; or\n\nPart 2 Control of pests on introduction of plants etc. into the Territory\nDivision 2 Requirements about particular pests\nPlant Health Regulations 2011 7\n(b) the plant is part of a consignment that has been inspected and\nfound to be not infested with the pests; or\n(c) the plant has undergone an approved treatment for the pests.\n9 Fruit flies – introduction of fruits of declared host plants into\naccredited production places\n(1) This regulation applies in relation to the declared host plants of any\nof the pests specified in the following table:\nItem Scientific name Common name\n1 Bactrocera aquilonis (May) Northern Territory fruit\nfly\n2 Bactrocera musae (Tryon) banana fruit fly\n3 Bactrocera tryoni (Froggatt) Queensland fruit fly\n4 Ceratitis capitata (Wiedemann) Mediterranean fruit fly\n5 Zeugodacus cucumis (French) cucumber fly\n(2) A person must not introduce into an accredited production place in\nthe Territory a declared host plant that consists of or includes fruit.\n(3) Subregulation (2) does not apply if:\n(a) the plant is:\n(i) in transit through, and is not to be unloaded at, the\naccredited production place; and\n(ii) the plant is packaged and transported in a way that will\nreasonably prevent the spreading of any of the pests\nfrom the plant; or\n(b) the plant is accompanied by a government certificate\nspecifying:\n(i) the place of origin of the plant is not infested with the\npests and the plant is in transit to another place that is\nnot infested with the pests; or\n(ii) the plant has undergone an approved treatment for the\npests; or\n\nPart 2 Control of pests on introduction of plants etc. into the Territory\nDivision 2 Requirements about particular pests\nPlant Health Regulations 2011 8\n(c) the plant is accompanied by an interstate assurance certificate\nspecifying the plant:\n(i) is in transit from an accredited production place in the\nTerritory for any of the declared host plants to another\naccredited production place for any of the declared host\nplants; or\n(ii) has undergone an approved treatment for the pests.\n10 Melon thrips\n(1) This regulation applies in relation to the declared host plants of the\npest Thrips palmi Karny (or melon thrips).\n(2) A person must not introduce a declared host plant into a part of the\nTerritory that is:\n(a) an accredited production place for the plant; or\n(b) outside a quarantine place for the pest.\n(3) Subregulation (2) does not apply if the plant is accompanied by a\ngovernment certificate or interstate assurance certificate specifying:\n(a) one of the following applies:\n(i) the place of origin of the plant has undergone an\napproved inspection for the pest and found to be not\ninfested with the pest during the 6 months immediately\nbefore the plant was packed for transportation to the\nTerritory;\n(ii) the place of origin of the plants has undergone an\napproved inspection for the pest and found to be not\ninfested with the pest and is at least 100 km from the\nboundary of an area infested with the pest; or\n(b) before the plant is introduced into the part of the Territory\nmentioned in subregulation (2)(a) or (b), the plant:\n(i) has been inspected and found to be not infested with the\npest; or\n(ii) has undergone an approved treatment for the pest.\n\nPart 2 Control of pests on introduction of plants etc. into the Territory\nDivision 2 Requirements about particular pests\nPlant Health Regulations 2011 9\n11 Scale insects and sucking insects\n(1) This regulation provides for the control of a declared pest that\nbelongs to:\n(a) the Superfamily Coccoidea; or\n(b) the Superfamily Aleyrodoidea.\n(2) A person must not introduce into the Territory any nursery stock\nunless:\n(a) the nursery stock was grown in an area where an area\nfreedom certificate for the declared pests is in force; or\n(b) a government certificate or interstate assurance certificate\ncertifies that the nursery stock was given an approved\ntreatment for the declared pests before the stock is\nintroduced; or\n(c) the nursery stock is introduced in accordance with a permit for\nintroduction.\n12 Soil borne pests and snails – plants generally\n(1) This regulation provides for the control of the declared pests\nspecified in Schedule 1.\n(2) A person must not introduce a plant into the Territory unless:\n(a) the plant was grown in an area where an area freedom\ncertificate for the declared pests is in force; or\n(b) the plant is completely free of soil and accompanied by:\n(i) a government certificate or interstate assurance\ncertificate that certifies the matters required under\nsubregulation (4); or\n(ii) an interstate assurance certificate that certifies the plant\nwas grown and packed under the related scheme.\nExample for subregulation (2)(a)\nPlants that are bulbs and rhizomes must be bare-rooted and otherwise free of\nsoil.\n\nPart 2 Control of pests on introduction of plants etc. into the Territory\nDivision 3 Requirements about particular plants\nPlant Health Regulations 2011 10\n(3) If the plant is growing in a medium other than soil (for example,\ncompost or potting mix), the person must not introduce the plant\ninto the Territory unless:\n(a) both the medium and container for the medium are completely\nfree of soil; and\n(b) the plant is accompanied by a government certificate or\ninterstate assurance certificate specifying the plant:\n(i) has been inspected and found to be not infested with the\npests specified in items 4 to 8 of Schedule 1; or\n(ii) has undergone an approved treatment for the pests; and\n(c) the plant is accompanied by:\n(i) a government certificate or interstate assurance\ncertificate that certifies the matters required under\nsubregulation (4); or\n(ii) an interstate assurance certificate that certifies the plant\nwas grown and packed under the related scheme.\n(4) For subregulation (2)(b)(i) and (3)(c)(i), the plant must be\naccompanied by a government certificate or interstate assurance\ncertificate specifying that the plant:\n(a) is free of visible symptoms of the pests specified in items 1, 3\nand 9 to 15 of Schedule 1; and\n(b) for a plant other than a grape plant – was grown more than\n50 m from a grape plant; and\n(ba) was grown more than 20 km from the boundary of any area\ninfested with the pest specified in item 2 of Schedule 1; and\n(c) was grown and packed more than 25 km from the boundary of\nan area infested with the pest specified in item 4 of\nSchedule 1.\nDivision 3 Requirements about particular plants\n14 Avocado\n(1) This regulation applies to:\n(a) the plant Persea americana Mill. (or avocado); and\n\nPart 2 Control of pests on introduction of plants etc. into the Territory\nDivision 3 Requirements about particular plants\nPlant Health Regulations 2011 11\n(b) the following pests:\n(i) the pest avocado sunblotch viroid, which causes the\ndisease sunblotch;\n(ii) the pest Phytophthora cinnamomi Rands, which causes\nthe disease top rot or dieback;\n(iii) the pest Verticillium dahliae Kleb, which causes the\ndisease verticillium wilt\n(2) A person must not introduce into the Territory any plant (other than\nfruit) unless it is accompanied by:\n(a) a permit for introduction; and\n(b) a government certificate or interstate assurance certificate\nspecifying:\n(i) the place of origin of the plant is not infected by any of\nthe diseases; and\n(ii) for an interstate assurance certificate – the requirements\nunder the related scheme for growing the plant have\nbeen met.\n15 Banana, plantain and Manila hemp\n(1) This regulation applies to:\n(a) a plant belonging to the genera Musa (including, for example,\nbanana, plantain, and Manila hemp) and Ensete (ornamental\nbanana); and\n(b) the pests specified in Schedule 2.\n(2) A person must not introduce into the Territory a plant (other than\nfruit) unless:\n(a) the plant is accompanied by a permit for introduction; and\n(b) one or both of the following apply:\n(i) the plant consists of or includes a tissue culture grown in\na laboratory under a scheme and is accompanied by an\ninterstate assurance certificate specifying it is introduced\ninto the Territory in the container in which it was grown in\nthe laboratory;\n\nPart 2 Control of pests on introduction of plants etc. into the Territory\nDivision 3 Requirements about particular plants\nPlant Health Regulations 2011 12\n(ii) the plant was originally grown as a tissue culture and is\naccompanied by an interstate assurance certificate\nspecifying it has been grown out under the related\nscheme.\n(3) Despite subregulation (2), a person must not introduce into the\nTerritory a plant that consists of or includes fruit if the place of origin\nof the plant:\n(a) is infected by banana black sigatoka; or\n(b) is within 50 km from the boundary of a place infected by\nbanana black sigatoka.\n(4) A person must not transport from one part of the Territory to\nanother part of the Territory a plant (other than fruit) if it is infested\nwith the pests specified in Schedule 2.\n16 Citrus and Fortunella\n(1) This regulation applies to:\n(a) a plant belonging to the genera Citrus and Fortunella; and\n(b) the pest sweet orange stem pitting strain (SOSP) of Citrus\ntristeza virus.\n(2) A person must not introduce into the Territory a plant (other than\nfruit) unless the plant is accompanied by a government certificate or\ninterstate assurance certificate specifying:\n(a) the place of origin of the plant:\n(i) is not infested with the pest; and\n(ii) is at least 20 km from the boundary of any area infested\nwith the pest during the immediately preceding 2 years;\nand\n(b) for an interstate assurance certificate – the requirements of\nthe related scheme have been met in relation to the plant.\n17 Grape plants\n(1) This regulation provides for the control of the declared pest\nDaktulosphaira vitifolii (Fitch) (grape phylloxera).\n\nPart 2 Control of pests on introduction of plants etc. into the Territory\nDivision 3 Requirements about particular plants\nPlant Health Regulations 2011 13\n(3) A person must not introduce grapevine material into the Territory\nfrom a State or another Territory unless:\n(a) the grapevine material was grown in a Phylloxera Exclusion\nZone or in an area where an area freedom certificate for the\ndeclared pest is in force; and\n(b) the grapevine material is introduced in accordance with a\npermit for introduction; and\n(c) in the case of grapevine material consisting of, or including,\ncuttings or rootlets – a government certificate or interstate\nassurance certificate certifies that the cuttings or rootlets were\ngiven an approved treatment for the declared pest before they\nare introduced.\n(4) A person must not introduce a grape product into the Territory\nunless:\n(a) a government certificate or interstate assurance certificate\ncertifies that the grape product was grown in a Phylloxera\nExclusion Zone; or\n(b) the grape product comes from an area where an area freedom\ncertificate for the declared pest is in force.\n(5) A person must not introduce table grapes into the Territory unless:\n(a) a government certificate or interstate assurance certificate\ncertifies that the table grapes were grown in a Phylloxera\nExclusion Zone; or\n(b) the table grapes were grown in an area where an area\nfreedom certificate for the declared pest is in force; or\n(c) the table grapes are introduced in accordance with a permit\nfor introduction and a government certificate or interstate\nassurance certificate certifies that the table grapes were given\nan approved treatment for the declared pest before they are\nintroduced.\n(6) A person must not introduce wine grapes into the Territory unless:\n(a) a government certificate or interstate assurance certificate\ncertifies that the wine grapes were grown in a Phylloxera\nExclusion Zone; or\n(b) the wine grapes were grown in an area where an area\nfreedom certificate for the declared pest is in force.\n\nPart 2 Control of pests on introduction of plants etc. into the Territory\nDivision 3 Requirements about particular plants\nPlant Health Regulations 2011 14\n18 Maize\n(1) This regulation applies to:\n(a) a plant belonging to the species Zea mays L.; and\n(b) the pest Ustilago maydis (DC.) Cda, which causes the disease\nboil smut.\n(2) A person must not introduce into the Territory a plant that consists\nof or includes maize seeds (other than sweet corn) from New South\nWales or Queensland unless it is accompanied by a government\ncertificate specifying:\n(a) it has undergone an approved treatment for the pest; or\n(b) both of the following:\n(i) its place of origin is not infected by boil smut;\n(ii) it was cleaned and packed in premises that have not\nbeen used for handling maize seeds that originated from\nareas infected by boil smut.\n19 Papaya\n(1) This regulation applies to:\n(a) a plant belonging to the species Carica papaya L.; and\n(b) the following pests:\n(i) Asperisporium caricae (Speg.) Maubl, which causes the\ndisease papaya black spot;\n(ii) papaya strain of the Papaya ring spot virus, which\ncauses the disease papaya ring spot.\n(2) A person must not introduce into the Territory a plant whose place\nof origin is infected by any of the diseases unless it is accompanied\nby a government certificate or interstate assurance certificate\nspecifying:\n(a) it has undergone an approved inspection for the pests and\nfound to be free of the symptoms of the pests; and\n(b) if its place of origin is infected by papaya black spot – it has\nundergone an approved treatment for the pest Asperisporium\ncaricae (Speg.) Maubl.\n\nPart 2 Control of pests on introduction of plants etc. into the Territory\nDivision 3 Requirements about particular plants\nPlant Health Regulations 2011 15\n20 Passionfruit\n(1) This regulation applies to:\n(a) a plant belonging to the genus Passiflora; and\n(b) the pest Passionfruit woodiness virus.\n(2) A person must not introduce to the Territory a plant (other than fruit)\nunless it is accompanied by a government certificate or interstate\nassurance certificate specifying:\n(a) its place of origin is not infested with the pest; and\n(b) it has undergone an approved inspection for the pest and\nfound not to be infested with the pest; and\n(c) for an interstate assurance certificate – the requirements\nunder the related scheme for growing the plant have been\nmet.\n22 Potato\n(1) This regulation applies to:\n(a) a plant belonging to the genus Solanum tuberosum L.; and\n(b) the pest Globodera rostochiensis (Woll.) Skarbilovich (or\npotato cyst nematode).\n(2) A person must not introduce into the Territory a plant that consists\nof or includes seed potatoes unless:\n(a) it is accompanied by a permit for introduction; and\n(b) it is accompanied by a government certificate or interstate\nassurance certificate specifying its place of origin is not:\n(i) infested with, or within 20 km of the boundary of an area\ninfested with, the pest; or\n(ii) linked to an area that was infested with the pest (see\nsubregulation (5)); and\n(c) the government certificate or interstate assurance certificate\nalso specifies that the plant:\n(i) has undergone an approved test for the pest and found\nto be not infested with the pest; and\n(ii) has undergone an approved treatment for the pest.\n\nPart 2 Control of pests on introduction of plants etc. into the Territory\nDivision 3 Requirements about particular plants\nPlant Health Regulations 2011 16\n(2A) Subregulation (2) does not apply in relation to a plant that consists\nof or includes seed potatoes if the plant was grown in an area\nwhere an area freedom certificate for the declared pests is in force.\n(3) A person must not introduce into the Territory a plant that consists\nof or includes ware potatoes unless:\n(a) its place of origin is not infested with the pest and is not within\n20 km of the boundary of an area infested with the pest; and\n(b) if its place of origin is linked to an area infested with the pest\nat the time of the introduction – the plant is accompanied by a\npermit for introduction; and\n(c) the plant has undergone an approved treatment for the pest.\n(3A) Subregulation (3) does not apply in relation to a plant that consists\nof or includes ware potatoes if the plant was grown in an area\nwhere an area freedom certificate for the declared pests is in force.\n(4) A person must not introduce into the Territory a plant that is\nintended for propagation (but does not consist of or include seed\npotato) unless:\n(a) it was grown as a tissue culture in a laboratory registered\nunder a scheme; and\n(b) it is in the original sealed container; and\n(c) it is accompanied by a permit for introduction.\n(5) For subregulation (2)(b)(ii), a place is linked to an area infested with\nthe pest if the place has shared ownership, shared equipment,\nshared seed, shared boundaries or shared drainage with that area.\n23 Soybean\n(1) This regulation applies to a plant belonging to the species Glycine\nmax (L.) Merr for the control of the pest Phytophthora sojae\nKaufmann & Gerdemann, which causes phytopthora rot.\n(2) A person must not introduce into the Territory a plant that consists\nof or includes seed for sowing unless it is accompanied by a permit\nfor introduction.\n\nPart 2 Control of pests on introduction of plants etc. into the Territory\nDivision 4 Requirements about particular plant-related materials\nPlant Health Regulations 2011 17\nDivision 4 Requirements about particular plant-related\nmaterials\n24 Grape plant related equipment\n(1) This regulation provides for the control of the declared pest\nDaktulosphaira vitifolii (Fitch) (grape phylloxera).\n(2) Despite regulation 26, a person must not introduce any equipment\nused in a vineyard into the Territory unless:\n(a) the equipment is introduced in accordance with a permit for\nintroduction; and\n(b) a government certificate or interstate assurance certificate\ncertifies that the equipment:\n(i) was in a Phylloxera Exclusion Zone for each of the\n14 days immediately before it is introduced; or\n(ii) was given an approved treatment for the declared pest\nbefore it is introduced.\nExamples for subregulation (2)\nGrape harvesters, hand tools, grape bins and used trellis posts.\n25 Soil, compost and potting mix\n(1) This regulation applies in relation to any declared pest that may be\nintroduced in soil, compost or potting mix, including a pest specified\nin regulation 7(1) or Schedule 1.\n(2) A person must not introduce soil into the Territory unless it is\naccompanied by a permit for introduction.\n(3) Subregulation (2) does not apply if:\n(a) soil is introduced into the Territory because it is attached to\nware potatoes introduced into the Territory under\nregulation 22; or\n(b) both of the following apply:\n(i) soil is introduced into the Territory through dust attached\nto the surface of a vehicle, equipment or footwear\nentering into the Territory;\n(ii) the person who has control over the vehicle, equipment\nor footwear does not intend to introduce the soil into the\nTerritory and has exercised reasonable caution in\npreventing the introduction.\n\nPart 2 Control of pests on introduction of plants etc. into the Territory\nDivision 4 Requirements about particular plant-related materials\nPlant Health Regulations 2011 18\n(4) A person must not introduce compost or potting mix that is\npackaged or in bulk into the Territory (other than compost or potting\nmix in which plants are being grown) unless:\n(a) it is accompanied by a government certificate specifying it was\nmanufactured in accordance with the requirements in the\nrelevant Australian Standard; or\n(b) it was manufactured in accordance with the requirements in\nthe relevant Australian Standard and is clearly labelled as\nsuch.\n(5) In this regulation:\nrelevant Australian Standard means:\n(a) for compost – Australian Standard AS 4454 as in force from\ntime to time; and\n(b) for potting mix – Australian Standard AS 3743 as in force from\ntime to time.\n25A Hay and other fodder\n(1) This regulation provides for the control of the declared pests\nspecified in regulation 7(1) and Schedule 1.\n(2) A person must not introduce hay or other fodder into the Territory\nunless:\n(a) the hay or fodder was grown in an area where an area\nfreedom certificate for the declared pests is in force; or\n(b) the hay or fodder is introduced in accordance with a permit for\nintroduction.\n26 Standards for certain plant-related materials\n(1) This regulation provides for the control of all declared pests.\n(2) A person must not introduce the following plant-related material into\nthe Territory except in accordance with a permit for introduction:\n(a) used packaging of a plant or plant product;\n(b) used containers or pallets that might reasonably be affected\nby a declared pest;\n(c) used agricultural equipment;\n\nPart 2 Control of pests on introduction of plants etc. into the Territory\nDivision 4 Requirements about particular plant-related materials\nPlant Health Regulations 2011 19\n(d) used earth moving equipment.\nExample for subregulation (2)(c)\nEquipment used to harvest mangos.\n(3) For subregulation (2)(c) and (d), agricultural equipment or earth\nmoving equipment is taken to be used even if it was used only for\nfield tests or factory trials.\n(4) To meet the test for issuing a permit under regulation 36(2), a\ngovernment certificate or interstate assurance certificate certifying\nat least one of the following is sufficient to establish that the\nintroduction of the plant-related material will not expose the\nTerritory to the risk of infestation of declared pests:\n(a) that the material was given an approved treatment for\ndeclared pests before it is introduced;\n(b) that the material was cleaned in an approved manner to\nremove all soil, plant residue, declared pests and any other\nmatter that may transport declared pests before it is\nintroduced.\nNote for regulation 26\nIn the case of equipment used in a vineyard, the equipment must comply with\nregulation 24.\n26B Control of tomato potato psyllid\n(1) This regulation provides for the control of the declared pest\nBactericera cockerelli, also known as tomato potato psyllid.\n(2) A person must not introduce into the Territory a declared host plant\nfor tomato potato psyllid unless:\n(a) the host plant was grown in an area where an area freedom\ncertificate for the declared pest is in force; or\n(b) a government certificate or interstate assurance certificate\ncertifies that the host plant was, before it is introduced:\n(i) given an approved treatment for tomato potato\npsyllid; and\n(ii) given an approved inspection for tomato potato psyllid\nand found not to be infested with that pest; and\n(iii) packed in an approved manner; or\n\nPart 2 Control of pests on introduction of plants etc. into the Territory\nDivision 4 Requirements about particular plant-related materials\nPlant Health Regulations 2011 20\n(c) the host plant is introduced in accordance with a permit for\nintroduction.\n(3) The inspection specified in subregulation (2)(b)(ii) is not required if\nthe declared host plant is fumigated before it is introduced.\n26C Control of European house borer\n(1) This regulation provides for the control of the declared pest\nHylotrupes bajulus, also known as European house borer.\n(2) A person must not introduce into the Territory a plant or\nplant-related material specified in subregulation (3) unless:\n(a) it was grown in or comes from an area where an area freedom\ncertificate for the declared pest is in force; or\n(b) a government certificate or interstate assurance certificate\ncertifies that it was given an approved treatment for European\nhouse borer within 72 hours before it is introduced; or\n(c) it is introduced in accordance with a permit for introduction.\n(3) Subregulation (2) applies to the following:\n(a) a tree of the genus Abies, Araucaria, Picea, Pinus or\nPseudotsuga;\n(b) any wood or wood product made from a tree of the genus\nAbies, Araucaria, Picea, Pinus or Pseudotsuga.\n(4) However, subregulation (2) does not apply to the following:\n(a) any wood product made only of heartwood;\n(b) any wood product made only of reconstituted wood;\n(c) wooden household goods or furniture introduced by or on\nbehalf of a person for the personal use of the person or a\nmember of the person's household in the Territory;\n(d) any wood less than 100 cm2 in volume;\n(e) any wood less than 4 mm thick;\n(f) any wood treated with a preservative effective against\nEuropean house borer in accordance with the Australian\nStandard for Preservative Treatments of Timber (AS 1604);\n\nPart 2B Control of Cucumber Green Mottle Mosaic Virus\nPlant Health Regulations 2011 21\n(g) wooden pallets or packaging material from a supplier\napproved under a compliance scheme administered by\nWestern Australia's Department of Primary Industries and\nRegional Development.\nExample for subregulation (4)(c)\nThe home furniture shipped by a family moving to the Territory.\nPart 2B Control of Cucumber Green Mottle Mosaic\nVirus\n26E Application\nThis Part applies:\n(a) if Cucumber Green Mottle Mosaic Virus is a declared pest\nunder the Act; and\n(b) to a person who is the owner of a host plant and who grows it\nfor sale or export.\n26F Definitions\nIn this Part:\nfarm biosecurity plan means a plan by an owner of a host plant\nthat specifies how the owner will manage the host plant at a place\nto minimise the risk of infestation or spreading of Cucumber Green\nMottle Mosaic Virus in the Territory.\nhost plant means a declared host plant for Cucumber Green Mottle\nMosaic Virus.\n26G Prohibition of export from the Territory\nA person must not export from the Territory a host plant or the\nfollowing plant-related material of the host plant unless the person\ndoes so in accordance with a written permit given by the Chief\nInspector:\n(a) seeds;\n(b) seedlings;\n(c) tissue culture;\n\nPart 3 Certification of plant health\nPlant Health Regulations 2011 22\n(d) bee hives.\nNote for regulation 26G\nFailure to comply with this regulation is an offence under section 17(6) of the Act.\n26H Owner must have farm biosecurity plan for host plant\n(1) An owner of a host plant must:\n(a) have a farm biosecurity plan for the host plant; and\n(b) comply with the farm biosecurity plan for the host plant.\n(2) If an owner of a host plant has host plants at more than one place,\nthe owner must have a farm biosecurity plan for each place.\nNote for regulation 26H\nFailure to comply with this regulation is an offence under section 17(6) of the Act.\n26J Owner must produce farm biosecurity plan to inspector\nThe owner of a host plant must produce the farm biosecurity plan\nfor the host plant to an inspector on request.\nNote for regulation 26J\nFailure to comply with this regulation is an offence under section 17(6) of the Act.\n26K Inspector may vary farm biosecurity plan\nAn inspector may, by written notice to the owner of a host plant,\nvary a farm biosecurity plan that applies to the owner.\nPart 3 Certification of plant health\n27 Certificates\nA government certificate or interstate assurance certificate required\nunder these Regulations must be in force at the time of introduction.\n28 Matters specified in certificate\n(1) If a government certificate or interstate assurance certificate is\nrequired by these Regulations to accompany a plant or plant-\nrelated material, the certificate must specify the name of each plant\n(together with its genus and species) to which the certificate relates.\n(2) Despite subregulation (1) and other provisions of these\nRegulations, if a government certificate or interstate assurance\ncertificate accompanies a consignment of plants or plant-related\n\nPart 4 Infringement notice and infringement notice offence\nPlant Health Regulations 2011 23\nmaterials, the certificate is taken to accompany each of the plants\nor materials if it specifies the name of the genus and species\nshared by all the plants to which the consignment relates.\n(3) For subregulations (1) and (2), a name required to be specified in\nthe certificate may be specified in a document attached to the\ncertificate.\n(4) In addition, for section 36(3) of the Act, in giving an inspection\ncertificate for a thing or place, an inspector may specify the result of\nthe inspection and any examination and treatment carried out in\nconnection with the inspection in the certificate.\n29 Corresponding laws\nFor section 45 of the Act, each of the following is declared to be a\ncorresponding law:\n(a) Biosecurity Act 2015 (NSW);\n(b) Biosecurity Act 2014 (Qld);\n(c) Biosecurity Act 2019 (Tas);\n(d) Biosecurity and Agriculture Management Act 2007 (WA);\n(e) Pest Plants and Animals Act 2005 (ACT) and Plant Diseases\nAct 2002 (ACT);\n(f) Plant Biosecurity Act 2010 (Vic);\n(g) Plant Health Act 2009 (SA).\nPart 4 Infringement notice and infringement notice\noffence\n30 Infringement notice offence and prescribed amount payable\n(1) An infringement notice offence is an offence against a provision\nspecified in Schedule 3.\n(2) The prescribed amount payable for an infringement notice offence\nis the amount equal to the monetary value of the number of penalty\nunits specified for the offence in Schedule 3.\n\nPart 4 Infringement notice and infringement notice offence\nPlant Health Regulations 2011 24\n31 When infringement notice may be given\nIf an inspector reasonably believes a person has committed an\ninfringement notice offence, the inspector may give a notice (an\ninfringement notice) to the person.\n32 Contents of infringement notice\n(1) The infringement notice must specify the following:\n(a) the name and address of the person, if known;\n(b) the date the infringement notice is given to the person;\n(c) the date, time and place of the infringement notice offence;\n(d) a description of the offence;\n(e) the prescribed amount payable for the offence;\n(f) the enforcement agency, as defined in the Fines and Penalties\n(Recovery) Act 2001, to whom the prescribed amount is\npayable.\n(2) The infringement notice must include a statement to the effect of\nthe following:\n(a) the person may expiate the infringement notice offence and\navoid any further action in relation to the offence by paying the\nprescribed amount to the specified enforcement agency within\n28 days after the notice is given;\n(b) the person may elect under section 21 of the Fines and\nPenalties (Recovery) Act 2001 to have the matter dealt with by\na court instead of under that Act by completing a statement of\nelection and giving it to the specified enforcement agency;\n(c) if the person does nothing in response to the notice,\nenforcement action may be taken under the Fines and\nPenalties (Recovery) Act 2001, including (but not limited to)\naction for the following:\n(i) suspending the person's licence to drive;\n(ii) seizing personal property of the person;\n(iii) deducting an amount from the person's wages or salary;\n(iv) registering a statutory charge on land owned by the\nperson;\n\nPart 4 Infringement notice and infringement notice offence\nPlant Health Regulations 2011 25\n(v) making a community work order for the person and\nimprisonment of the person if the person breaches the\norder.\n(3) Also, the infringement notice must include an appropriate form for\nmaking the statement of election mentioned in subregulation (2)(b).\n33 Payment by cheque\nIf the person tenders a cheque in payment of the prescribed\namount, the amount is not taken to have been paid unless the\ncheque is cleared on first presentation.\n34 Withdrawal of infringement notice\n(1) The Chief Inspector may withdraw the infringement notice by\nwritten notice given to the person.\n(2) The notice must be given:\n(a) within 28 days after the infringement notice is given to the\nperson; and\n(b) before payment of the prescribed amount.\n35 Application of Part\n(1) This Part does not prejudice or affect the start or continuation of\nproceedings for an infringement notice offence for which an\ninfringement notice has been given unless the offence is expiated.\n(2) Also, this Part does not:\n(a) require an infringement notice to be given; or\n(b) affect the liability of a person to be prosecuted in a court for an\noffence for which an infringement notice has not been given;\nor\n(c) prevent more than one infringement notice for the same\noffence being given to a person.\n(3) If more than one infringement notice for the same offence has been\ngiven to a person, the person may expiate the offence by paying\nthe prescribed amount in accordance with any of the notices.\n\nPart 5 Administrative matters\nPlant Health Regulations 2011 26\nPart 5 Administrative matters\n36 Permit for introduction\n(1) For these Regulations, the Chief Inspector may issue to a person a\npermit for introduction into the Territory from a State or another\nTerritory of specified plants or plant-related materials.\n(2) The Chief Inspector may do so only if satisfied the introduction will\nnot expose the Territory to the risk of infestation of any declared\npest.\n(3) A permit for introduction may be subject to conditions imposed by\nthe Chief Inspector.\n36A Export permit\n(1) For these Regulations, the Chief Inspector may issue an export\npermit to a person to export specified plants or plant-related\nmaterials from the Territory to a State or another Territory.\n(2) The Chief Inspector must not issue an export permit unless\nsatisfied the export will not contravene any plant health or\nbio-security requirements of the State or the other Territory.\n(3) An export permit may be subject to conditions imposed by the Chief\nInspector.\n37 Inspector's powers for section 17 of the Act\n(1) For section 17 of the Act, a Gazette notice under that section or\nParts 1 and 2 of these Regulations, an inspector may require a\nperson introducing a thing into the Territory to do any of the\nfollowing:\n(a) present the thing to an inspector for examination;\n(b) present a government certificate, interstate assurance\ncertificate or permit for introduction required by the notice or\nthese Regulations to accompany the thing.\n(2) The inspector may exercise the power under subregulation (1) in a\nway decided by the inspector (including, for example, by requiring\nthe presentation of a government certificate by email or in another\nspecified electronic form).\n\nPart 5 Administrative matters\nPlant Health Regulations 2011 27\n38 Labelling of plants and plant products\n(1) This regulation applies to any of the following that are consigned to\nbe transported to the Territory for sale in the Territory:\n(a) plants that are nursery stock;\n(b) plants intended to be used for propagation;\n(c) plants that are consigned as farm produce (plant products),\nother than any processed or manufactured goods derived from\nplants.\n(2) When the plants or plant products are introduced into the Territory,\na label meeting the requirements of subregulations (3) and (4) must\nbe attached to:\n(a) the packaging for the plants or plant products; or\n(b) the plants or plant products if they do not have any packaging.\n(3) The following information must be included in the label:\n(a) a description of the plants or plant products;\n(b) the name and address of the consignor, grower, packer or\nconsignee for the plants or plant products;\n(c) the place where the plants, or plants used in making the plant\nproducts, were grown;\n(d) the date the plants or plant products were packed for\ntransportation to the Territory;\n(e) if the plants or plant products have been produced under a\nplant health assurance scheme – the information required by\nthe scheme.\n(4) In addition, the information must be:\n(a) in English; and\n(b) clear and legible; and\n(c) in lettering no less than 5 mm in height.\n\nPart 5 Administrative matters\nPlant Health Regulations 2011 28\n(5) A person who consigns plants or plant products to be transported to\nthe Territory as mentioned in subregulation (1) commits an offence\nif subregulation (2), (3) or (4) is contravened in relation to the plants\nor plant products.\nMaximum penalty: 200 penalty units.\n(6) An offence against subregulation (5) is an offence of strict liability.\n(7) It is a defence to a prosecution for an offence against\nsubsection (5) if the defendant establishes a reasonable excuse.\n(8) In this regulation:\npackaging includes any container (for example, crate and carton)\nand any kind of covering for individual plants, plant products or a\ncollection of plants or plant products.\n40 Approved inspection, test and treatment for pests\n(1) For these Regulations, the Chief Inspector may, in writing, approve\nthe way in which any of the following is to be carried out:\n(a) a specified inspection for the detection of the presence of a\nspecified pest;\n(b) a specified test for the detection of the presence of a specified\npest;\n(c) a specified treatment for the control of a specified pest.\n(2) However, the Chief Inspector must be satisfied about one or more\nof the following before doing so:\n(a) the inspection, test or treatment is specified in a code,\nstandard or protocol (whatever it is called) as currently in force\nfor detecting or controlling (as appropriate) the pest;\n(b) the inspection, test or treatment is being used for a law of the\nCommonwealth, a State or another Territory for detecting or\ncontrolling (as appropriate) the pest;\n(c) the inspection, test or treatment involves the use of a product\nin a way that corresponds with the instructions specified by the\nmanufacturer of the product for detecting or controlling (as\nappropriate) the pest in a document accompanying the\nproduct;\n\nPart 5 Administrative matters\nPlant Health Regulations 2011 29\n(d) the inspection, test or treatment involves the use of a product\nin a way that corresponds with a provision in or under a law of\nthe Commonwealth, a State or another Territory for detecting\nor controlling (as appropriate) the pest;\n(e) the inspection, test or treatment reasonably corresponds with\ngenerally accepted scientific view about detecting or\ncontrolling (as appropriate) the pest.\nExample for subregulation (2)(a) and (b)\nA treatment specified under or for the Agricultural and Veterinary Chemicals\nCode Act 1994 (Cth).\n\nSchedule 1 Soil borne pests and snails\nPlant Health Regulations 2011 30\nSchedule 1 Soil borne pests and snails\nregulation 12(1)\nItem Scientific name of pest Common name of,\nor condition\ncaused by, pest\n1 Daktulosphaira vitifolii (Fitch) grape phylloxera\n2 Globodera rostochiensis (Woll.)\nSkarbilovich\npotato cyst\nnematode\n3 Phytophthora cinnamomi Rands top rot or die back\n4 Cantareus apertus (Born) Schultes green snail\n5 Cernuella virgata (Da Costa) vineyard snail or\ncommon white snail\n6 Cochlicella acuta (Müller) pointed snail or\nconical snail\n7 Prietocella barbara (Linnaeus) small pointed snail\nor small conical snail\n8 Theba pisana (Müller) white Italian snail\n9 Fusarium oxysporum f.sp.\ncucumerinum J.H. Owen\ncucumber fusarium\nwilt\n10 Fusarium oxysporum f. sp.\nlycopersici W. C. Snyder & H. N.\nHansen\ntomato fusarium wilt\n11 Fusarium oxysporum f.sp. melonis\n(Leach & Currence) Snyder &\nHansen\nrockmelon fusarium\nwilt\n12 Fusarium oxysporum f.sp. niveum\n(E.F. Sm.) Snyder & H.N. Hansen\nwatermelon fusarium\nwilt\n13 Fusarium oxysporum f. sp.\npassiflorae W.L. Gordon\npassionfruit fusarium\nwilt\n14 Fusarium oxysporum f.sp. pisi\n(Linford) Snyder & Hansen\npea fusarium wilt\n\nSchedule 1 Soil borne pests and snails\nPlant Health Regulations 2011 31\n15 Fusarium oxysporum f.sp.\nvasinfectum (G.F. Atk.) W.C. Snyder\n& H.N. Hansen\ncotton fusarium wilt\n\nSchedule 2 Pests relating to Musa or Ensete\nPlant Health Regulations 2011 32\nSchedule 2 Pests relating to Musa or Ensete\nregulation 15(1)(b)\nScientific name of pest Common name of, or condition\ncaused by, pest\nBanana bract mosaic virus banana bract mosaic\nBanana streak virus banana streak\nBanana bunchy top virus banana bunchy top\nCosmopolites sordidus (Germar) banana weevil borer or banana root\nweevil\nCucumber mosaic virus banana infectious chlorosis\nErwinia chrysanthemi Burkholder,\nMcFadden & Dimock\nbanana corm and rhizome rot\nFusarium oxysporum Schlecht. ex\nFries f.sp. cubense (E.F. Smith)\nSnyder & Hansen. Race 1, Race 2,\nRace 4 and Tropical Race 4\nbanana fusarium wilt\nGuignardia musae Racib banana freckle\nHelicotylenchus multicinctus (Cobb)\nGolden\nspiral nematode\nMycosphaerella eumusae Crous &\nMour\neumusae leaf spot\nMycosphaerella fijiensis M. Morelet banana black sigatoka\nRadopholus similis (Cobb) Thorne burrowing nematode or banana root\nnematode\nRalstonia solanacearum (Smith)\nYabuuchi et al. biovar 1 or race 2\nbanana bacterial wilt or bugtok or\nmoko disease of banana\n\nSchedule 3 Infringement notice offences and prescribed amounts\nPlant Health Regulations 2011 33\nSchedule 3 Infringement notice offences and prescribed\namounts\nregulation 30(2)\nProvision Prescribed amount in penalty units\nsection 19(6) of Act 5\nsection 25(3) of Act 3\nsection 27(3) of Act 2\nsection 28(3) of Act 2\nsection 37(6) of Act 3\n\nENDNOTES\nPlant Health Regulations 2011 34\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nPlant Health Regulations (SL No. 20, 2011)\nNotified 18 May 2011\nCommenced 1 July 2011 (r 2, s 2 Plant Health Act 2008 (Act No. 37, 2008)\nand Gaz G26, 29 June 2011, p 2)\nPlant Health Amendment (Soil Borne Pests and Snails) Regulations 2012\n(SL No. 4, 2012)\nNotified 8 February 2012\nCommenced 8 February 2012\nPlant Health Amendment Regulations 2014 (SL No. 36, 2014)\nNotified 11 November 2014\nCommenced 11 November 2014\nPlant Health Amendment (Control of Cucumber Green Mottle Mosaic Virus)\nRegulations 2016 (SL No. 2, 2016)\nNotified 10 March 2016\nCommenced 10 March 2016\nPlant Health Amendment Regulations 2017 (SL No. 22, 2017)\nNotified 4 July 2017\nCommenced 4 July 2017\nPlant Health Amendment Regulations 2019 (SL No. 23, 2019)\nNotified 21 August 2019\nCommenced 21 August 2019\nPlant Health Amendment Regulations 2020 (SL No. 18, 2020)\nNotified 1 July 2020\nCommenced 1 July 2020\n\nENDNOTES\nPlant Health Regulations 2011 35\nStatute Law Revision Act (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\nPlant Health Amendment Regulations 2021 (SL No. 20, 2021)\nNotified 22 December 2021\nCommenced 22 December 2021\nAgriculture Legislation Amendment Regulations 2025 (SL No. 4, 2025)\nNotified 22 May 2025\nCommenced 23 May 2025 (r 2)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: rr 1 and 32.\n4 LIST OF AMENDMENTS\nr 3 amd No. 36, 2014, r 3, No. 22, 2017, r 3; No. 18, 2020, r 4; Act No. 26, 2020,\ns 3\nr 4A ins No. 18, 2020, r 5\nr 5 rep No. 18, 2020, r 6\nr 7 sub No. 18, 2020, r 7\namd No. 4, 2025, r 35\nr 7A ins No. 18, 2020, r 7\namd No. 4, 2025, r 36\nr 8 amd No. 18, 2020 r 18\nr 9 amd No. 18, 2020 r 18; No. 4, 2025, r 37\nr 10 amd No. 18, 2020 r 18\nr 11 sub No. 18, 2020, r 8\npt 2 hdg amd No. 36, 2014, r 4\nr 12 sub No. 4, 2012, r 3\namd No. 18, 2020, r 9; No. 4, 2025, r 38\nr 13 amd No. 18, 2020 r 18\nrep No. 20, 2021, r 4\nrr 14 – 16 amd No. 18, 2020 r 18\nr 17 sub No. 18, 2020, r 10\namd No. 4, 2025, r 39\nrr 19 – 20 amd No. 18, 2020 r 18\nr 21 rep No. 23, 2019, r 4\nr 22 amd No. 18, 2020 r 18; No. 4, 2025, r 40\nr 24 sub No. 18, 2020, r 11\nr 25A ins No. 18, 2020, r 12\nr 26 sub No. 18, 2020, r 12\npt 2A hdg ins No. 36, 2014, r 5\nrep No. 18, 2020, r 12\nr 26A ins No. 36, 2014, r 5\namd No. 18, 2020, r 12\nrep No. 20, 2021, r 4\nr 26B ins No. 36, 2014, r 5\namd No. 22, 2017, r 4\nsub No. 18, 2020, r 12\nr 26C sub No. 18, 2020, r 12\n\nENDNOTES\nPlant Health Regulations 2011 36\nr 26D ins No. 36, 2014, r 5\nrep No. 22, 2017, r 5\npt 2B hdg ins No. 2, 2016, r 3\nrr 26E – 26K ins No. 2, 2016, r 3\nr 27 sub No. 18, 2020, r 13\nr 28 amd No. 18, 2020 r 18\nr 29 sub No. 18, 2020, r 14\nr 30 amd No. 36, 2014, r 6\nr 36 amd No. 18, 2020, r 15\nr 36A ins No. 18, 2020, r 16\nr 37 amd No. 18, 2020 r 18\nr 39 rep No. 18, 2020, r 17\nsch 3 amd No. 36, 2014, r 7","sortOrder":0}],"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":7,"scope_assessment":{"changed":false,"description":"The Regulations retain their core purpose: preventing introduction and spread of declared plant pests and diseases via controls on plants and plant-related materials (see reg 4A). The instrument has been incrementally expanded over time (for example the addition of a Cucumber Green Mottle Mosaic Virus regime in 2016, new pest controls and updated procedural powers in later amendments), but those additions remain within the original biosecurity scope. Changes have broadened the range of listed pests and materials regulated, added export and farm biosecurity plan requirements and increased reliance on interstate certification and Chief Inspector approvals, but they do not constitute a change of fundamental purpose beyond controlling pest risks associated with plant movements."},"complexity_factors":["Approximately 30 defined terms in the interpretation section (regulation 3) that are reused throughout the instrument","Multiple plant‑ and pest‑specific rules across Part 2 and 2B (regs 7–26C, 26E–26K) producing many conditional pathways","Two schedules listing numerous pests (Schedule 1: 15 items; Schedule 2: many Musa/Ensete pests) that trigger bespoke rules","Multiple alternative compliance pathways for most items (area freedom certificate, government certificate, interstate assurance certificate, approved inspection/test/treatment, or permit) increasing branching logic","Significant cross-references to the Plant Health Act 2008, the Commonwealth Biosecurity Act 2015 and multiple State/Territory ‘corresponding laws’ (reg 29 and notes)","Inspector and Chief Inspector discretions (permit issue/conditions, approval of inspections/tests/treatments, varying farm biosecurity plans) adding administrative uncertainty (regs 36, 36A, 40, 26K)","Special regimes layered on top of the general rules (infringement notice regime; strict liability labelling offence — regs 30–35, reg 38)","Many narrowly framed exclusions and exceptions (for example exemptions for small wood items under European house borer rules — reg 26C(4))","Detailed labelling requirements (language, minimum font size, specific content) that create a compliance trap (reg 38)","Amendment history and inserted Parts (Part 2B for Cucumber Green Mottle Mosaic Virus, 2016; later 2020 and 2025 amendments) which have incrementally expanded subject-matter and cross-references (Endnotes and list of amendments)"],"plain_english_summary":"**What these Regulations do (mechanically)**\n\n- The Plant Health Regulations 2011 set rules about bringing plants and plant-related materials into, and exporting some items out of, the Northern Territory. They require particular documents, treatments, inspections, labelling and, in some cases, permits before things move across borders (reg 4A; regs 27, 36, 36A, 40).\n\n- For many categories the Regulations provide multiple alternative ways of meeting the entry test: an area freedom certificate (showing the origin area is free of a listed pest), a government certificate or interstate assurance certificate (showing inspection, treatment, distance from infestation, or compliance with an agreed scheme), an approved treatment/inspection/test, or a permit issued by the Chief Inspector (see regs 7–12, 14–26C, regs 36, 40).\n\n- The Regulations list particular pests and impose plant- or material-specific controls (for example avocado, banana/Musa, citrus, grape, potato, tomato/potato pests, soil/compost/potting mix, hay/fodder, used agricultural equipment, turf and nursery stock). Schedules 1 and 2 list many soil-borne pests, snails and Musa/Ensete pests (reg 12, Schedules 1 & 2).\n\n- They create an infringement (penalty) notice regime for contraventions, including prescribed penalty amounts tied to penalty units (regs 30–35, Schedule 3). Some offences carry strict liability (e.g. labelling contraventions — reg 38(5)–(7)).\n\n- The Chief Inspector and inspectors have administrative powers: to issue and condition permits (regs 36, 36A), approve inspection/test/treatment methods (reg 40), require presentation of items and documentation (reg 37), and to vary farm biosecurity plans for Cucumber Green Mottle Mosaic Virus (regs 26E–26K).\n\n\n**Who is affected**\n\n- Importers, consignors and transporters of plants and plant products into the NT, including interstate suppliers and travellers who bring in plants or soil (definition of introduction includes interstate movement; regs 3, 25).\n- Growers and nursery operators who export plants or move them interstate (export permits, labelling, certified schemes; regs 36A, 38).\n- Owners of specified host plants (for example for Cucumber Green Mottle Mosaic Virus must have and produce a farm biosecurity plan — regs 26E–26K).\n- Businesses that sell, pack or move plant-related equipment, used packaging, agricultural or earth-moving equipment (permits and cleaning/treatment obligations — reg 26).\n- Any person who fails to comply with labelling or documentation requirements can face fines or prosecution (reg 38, regs 30–35).\n\n\n**Why it matters (official purpose and how that interacts with costs and incentives)**\n\n- Officially the Regulations exist to prevent introduction and spread of declared pests and diseases through incoming plants and plant material (reg 4A; Parts 2 and 2B). That is achieved by imposing documentary, inspection and treatment requirements, and by restricting movement of specific high‑risk items.\n\n- Costs and compliance burdens:\n  - Producers, packers, consignors and importers must obtain and carry certificates (government or interstate assurance), perform or pay for approved inspections, tests or treatments, or obtain permits (many plant-specific provisions: regs 7–26C, 36, 40).\n  - Labelling and record-keeping requirements add transactional costs to interstate sellers (reg 38).\n  - Owners of host plants for Cucumber Green Mottle Mosaic Virus must prepare and maintain farm biosecurity plans and produce them on request (regs 26H–26J).\n\n- Incentives and behavioural effects:\n  - The framework encourages sourcing from area-freedom zones or certified producers (area freedom certificates and certified schemes are repeatedly treated as safe pathways: regs 7, 12, 24–26B).\n  - It incentivises upstream compliance (using approved treatments, packing and inspection regimes) rather than last-minute remediation on arrival.\n  - For some crops the Regulations favour tissue culture or sealed laboratory-grown material as lower-risk pathways (see Musa / banana rules — reg 15).\n\n- Trade-offs and implementation risk:\n  - The scheme shifts inspection and certification activity onto origin jurisdictions, private certifiers under related schemes, and the Chief Inspector’s office. That reduces on-arrival inspection burden but creates dependence on the quality and recognition of interstate certification (regs 27–29; reg 29 lists corresponding laws).\n  - There is administrative discretion in approving procedures and issuing or conditioning permits (reg 36, reg 40). That discretion allows flexibility to respond to new risks but creates implementation uncertainty for businesses that need predictable, timely approvals.\n\n- Distribution of benefits and costs:\n  - Operators in zones already certified pest‑free (area freedom) face lower entry costs and gain market access advantages (see various regs relying on area freedom certificates: regs 7, 12, 24–26B).\n  - Costs are more diffuse across all importers and suppliers who must meet documentation, treatment and labelling standards. The Regulations do not itself set fees for permits but compliance costs (inspections, treatments, labelling) are borne by private parties.\n\n\n**Key practical mechanics to note (where you’ll act / what you need to provide)**\n\n- Before importing plants or plant-related items, check whether the species or material is listed and what pathway is acceptable: area freedom certificate, government certificate, interstate assurance certificate, approved treatment/inspection/test, or permit (see the many itemised regs: 7–26C).\n- Ensure labelling meets the specific content, language and size requirements (reg 38(2)–(4)); failing to label correctly is a strict liability offence (reg 38(5)–(7)).\n- If you are the owner of a declared host plant for Cucumber Green Mottle Mosaic Virus and grow for sale/export, prepare and maintain a written farm biosecurity plan and be ready to produce it to an inspector (regs 26E–26J).\n- For used agricultural equipment, packaging or soil, obtain a permit or ensure certified cleaning/treatment has occurred (reg 26(2)–(4); reg 25). For grape vineyard equipment and grapevine material, strict phylloxera controls apply (reg 24; reg 17).\n\n\n**Source claim and testing it**\n\n- The Regulations claim to prevent pest introduction by restricting and conditioning the introduction and export of plants and plant-related materials (reg 4A). The mechanism is a layered set of pathways (certificates, treatments, permits) which shifts inspection burden off the NT border when origin-state certification is available (regs 27–29, reg 40).\n- Testing that claim against costs and trade-offs: the Regulations reduce direct enforcement costs at the NT border when origin-state certification is used, but they raise compliance costs for suppliers and create dependence on the integrity of interstate certification systems and on the administrative capacity of the Chief Inspector’s office to timely approve tests, treatments and permits (regs 36, 36A, 40). The net effect depends on the quality of implementation and the timeliness of approvals.\n\n\n**Where decision-making sits**\n\n- Chief Inspector: issues and conditions permits for introduction and export, approves inspection/test/treatment methods (regs 36, 36A, 40).\n- Inspectors: may require presentation of items and documentation, vary farm biosecurity plans, give infringement notices and carry out enforcement (regs 37, 26K, 31–35).\n\n\n**Immediate compliance red flags**\n\n- Moving soil, potting mix, compost, hay/fodder, used equipment or packaging into the Territory without a permit, or without the required certificates/approved treatments (regs 24–26, 25, 25A).\n- Bringing in regulated host fruit into accredited production places without the required certificate or under allowed exceptions (reg 9).\n- Failure to attach proper labels to consignments destined for sale in the Territory (reg 38) — strict liability offence with a maximum penalty (200 penalty units).\n\n\n(Primary references: regulation 4A; Parts 2 and 2B; regs 7–26C; regs 26E–26K; regs 27–40; Schedules 1–3.)"},"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"Based on the information provided, this appears to be a reprint or remake of existing Plant Health Regulations rather than a substantive expansion of scope. The core purpose — regulating plant health protections in Queensland — remains consistent with the original 2011 framework. However, without access to the full text of the regulations, it is not possible to confirm whether specific provisions have expanded or narrowed the original regulatory scope."},"complexity_factors":["Operates as subordinate legislation under a parent Act, requiring cross-referencing to understand full legal effect","Delayed commencement (made December 2021, effective May 2025) creates potential confusion about which version of rules applies in the interim","Title references '2011' but this is a 2021 remake — naming inconsistency adds confusion","Agricultural and biosecurity regulations typically involve technical scientific terminology around pest classifications and control measures","Multiple categories of affected persons (landowners, transporters, sellers, importers) each with potentially different obligations","Insufficient legislative content was provided to fully assess all operational provisions, limiting complete analysis"],"plain_english_summary":"The Plant Health Regulations 2011 (administered by the Department of Agriculture and Fisheries) set out practical rules for controlling plant pests and diseases in Queensland — covering movement, licensing, reporting, inspections and obligations for farmers, nurseries, importers, transporters and land managers. \n\nThey matter because they are the frontline defence for crops and the agricultural economy. Although remade in December 2021, this version does not commence until 23 May 2025 and is not yet in effect."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond simple border quarantine. Originally focused on preventing pest introduction (Part 2), it has grown to include: (1) export controls for specific viruses (Part 2B, regulation 26G); (2) ongoing farm management obligations like mandatory biosecurity plans for host plants (regulation 26H); (3) domestic movement restrictions within the Territory (regulation 15(4) on banana transport); and (4) specific equipment and material controls (vineyard equipment in regulation 24, hay in 25A). The 2020 amendments appear to have substantially restructured the regulations, inserting new divisions and removing old ones (Part 2A repealed, Part 2B added)."},"complexity_factors":["Multiple overlapping regulatory frameworks: operates alongside Commonwealth Biosecurity Act 2015 and corresponding state/territory laws (regulation 29 lists 7 different corresponding laws)","Extensive defined terms: 24 defined terms in regulation 3 alone, including technical distinctions like 'bare-rooted', 'grapevine material' vs 'grape product', 'ware potato' vs 'seed potato', 'PEZ' (Phylloxera Exclusion Zone)","Nested conditional logic: numerous 'unless' clauses with multiple alternative pathways (e.g., regulation 7 has 3 different certification options plus a permit option; regulation 12 has separate tracks for soil-free vs non-soil growing media)","Cross-referencing between Parts and Schedules: regulation 12 references Schedule 1 (15 specific soil-borne pests); regulation 15 references Schedule 2 (14 banana-specific pests)","Exception to exception structure: regulation 26C(4) contains 7 separate exemptions from the European house borer controls","Dual certification systems: distinguishes between 'government certificates' (official state/territory issued) and 'interstate assurance certificates' (scheme-based industry certification) with different requirements for each","Geographic and distance-based conditions: multiple rules specify exact distances (5km, 20km, 25km, 50km, 100km) from infestation boundaries","Part 2B creates a separate regulatory regime for Cucumber Green Mottle Mosaic Virus with biosecurity plan requirements distinct from the import-focused rules in Part 2"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations are the Northern Territory's rulebook for keeping dangerous plant pests and diseases out of the Territory (and in some cases, controlling what goes out). They work under the main *Plant Health Act 2008* to set specific biosecurity requirements for bringing plants, seeds, soil, and equipment into the NT.\n\n**Who it affects:**\n\n*   **Farmers and growers** bringing crops, seeds, or nursery stock into the NT\n*   **Nurseries and garden centres** importing plants or potting mix\n*   **Transport and logistics companies** moving plants between states\n*   **Vineyards and wineries** (grape plants have especially strict rules)\n*   **Anyone moving soil, compost, hay, or used farm equipment** into the Territory\n*   **Homeowners** moving house (there are exemptions for personal furniture)\n\n**Key requirements:**\n\n*   **Certification:** Most plants need official paperwork (government certificates or interstate assurance certificates) proving they're pest-free or come from pest-free areas.\n*   **Specific threats:** Special rules target high-risk items like:\n    *   Fire ants and electric ants in potting mix and turf\n    *   Grape phylloxera (a devastating vine pest) – with strict exclusion zones\n    *   Fruit flies on host fruits\n    *   Potato cyst nematode\n    *   Cucumber Green Mottle Mosaic Virus (requires farm biosecurity plans)\n*   **Prohibitions:** Some things are banned outright unless you get a special permit – like raw soil, or grape equipment from infected areas.\n*   **Labelling:** Plants for sale must have labels showing origin, grower details, and packing date.\n*   **Penalties:** Breaking these rules can mean fines (infringement notices) or court prosecution.\n\n**Why it matters:**\n\nThe NT's agriculture industry and natural environment are vulnerable to invasive pests that could wipe out crops or native vegetation. These regulations act as a checkpoint system – requiring proof that plants and materials are clean before they cross the border, and giving inspectors power to check, treat, or refuse entry to risky items."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/plant-health-regulations-2011","history":"/api/acts/plant-health-regulations-2011/history","analysis":"/api/acts/plant-health-regulations-2011/analysis","conflicts":"/api/acts/plant-health-regulations-2011/conflicts","importantCases":"/api/acts/plant-health-regulations-2011/important-cases","documents":"/api/acts/plant-health-regulations-2011/documents"}}