{"id":"plant-health-regulations-2022","name":"Plant Health Regulations 2022","slug":"plant-health-regulations-2022","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":236252,"registerId":"sa-plant-health-regulations-2022-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Plant Health Regulations 2022","content":"South Australia\nPlant Health Regulations 2022\nunder the Plant Health Act 2009\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tDeclaration of corresponding laws\n5\tPackaging and labelling of fruit, vegetables and nuts for sale\n6\tIdentification and labelling of plants sold for propagation\n7\tAccreditation of persons\n8\tRegistration of importers\n9\tExemptions\n10\tFees\nSchedule 1—Prescribed plants for propagation\nSchedule 2—Repeal of Plant Health Regulations 2009\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Plant Health Regulations 2022.\n2—Commencement\nThese regulations come into operation on 1 August 2022.\n3—Interpretation\n\t(1)\tIn these regulations, unless the contrary intention appears—\nAct means the Plant Health Act 2009;\nICA means the scheme for Interstate Certification Assurance relating to plant quarantine requirements developed by the States in accordance with the Memorandum of Understanding agreed on 6 August 1999 at the sixteenth meeting of the Agriculture and Resource Management Council of Australia and New Zealand;\nIP number means the unique identifier (comprising a combination of letters and numbers) assigned to an accredited person;\noperational procedure means an operational procedure agreed under the ICA included in the list of operational procedures as published from time to time on the website maintained by the Domestic Quarantine Market Access Working Group, a subcommittee of the national Plant Health Committee.\n\t(2)\tIn these regulations, a reference to the Plant Quarantine Standard is—\n\t(a)\ta reference to the Plant Quarantine Standard South Australia adopted by the notice under the Fruit and Plant Protection Act 1992 signed by the Minister on 6 February 2006 (see Gazette 16.2.2006 p552) as in force immediately before the commencement of clause 6(2) of Schedule 1 of the Act; or\n\t(b)\tif the Minister, by notice under the Act, adopts some other plant quarantine standard—a reference to that other standard.\n4—Declaration of corresponding laws\nFor the purposes of the definition of corresponding law in section 3(1) of the Act, the following Acts are declared to be corresponding laws:\n\t(a)\tthe Pest Plants and Animals Act 2005 of the Australian Capital Territory;\n\t(b)\tthe Biosecurity and Agriculture Management Act 2007 of Western Australia;\n\t(c)\tthe Biosecurity Act 2015 of New South Wales;\n\t(d)\tthe Plant Health Act 2008 of the Northern Territory;\n\t(e)\tthe Plant Biosecurity Act 2010 of Victoria;\n\t(f)\tthe Biosecurity Act 2014 of Queensland;\n\t(g)\tthe Plant Quarantine Act 1997 of Tasmania.\n5—Packaging and labelling of fruit, vegetables and nuts for sale\n\t(1)\tFor the purposes of section 12(1)(d) of the Act, a person who packs for sale any fruit, vegetables or nuts must label the packaging as follows:\n\t(a)\tthe label must—\n\t(i)\tbe legibly written in English in permanent ink in letters at least 5 mm in height; and\n\t(ii)\tbe clearly visible on the outside of the packaging;\n\t(b)\tif the person doing the packing is an accredited person—the label must include—\n\t(i)\tthe date (or date code) on which the produce was packed; and\n\t(ii)\ta brief description of the contents of the package; and\n\t(iii)\tthe IP number of the accredited person; and\n\t(iv)\teither—\n\t(A)\ta code approved by the Chief Inspector for the purposes of this subparagraph indicating where the produce was grown; or\n\t(B)\tthe postcode of the town nearest to the place of production; and\n\t(v)\tthe words \"meets ICA\" followed by the number that identifies the particular ICA operational procedures that have been followed and met in respect of the produce;\n\t(c)\tin any other case—\n\t(i)\tthe date (or date code) on which the produce was packed; and\n\t(ii)\ta brief description of the contents of the package; and\n\t(iii)\tthe district of production; and\n\t(iv)\teither—\n\t(A)\tthe name, address and postcode of both the grower and packer of the produce; or\n\t(B)\tthe codes approved for the purpose by the Chief Inspector for the purposes of this subparagraph identifying both the packer and grower.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(2)\tA person must not pack for sale or sell any fruit, vegetables or nuts in used packaging unless the packaging—\n\t(a)\tis in good repair; and\n\t(b)\tis clean and free of extraneous visible matter; and\n\t(c)\tis free of any objectionable odour; and\n\t(d)\tis labelled in accordance with subregulation (1).\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(3)\tThis regulation does not apply to a person who has been approved by the Chief Inspector to receive bulk loads of produce for processing.\n\t(4)\tIn this regulation—\ndate code means a code approved by the Chief Inspector for the purposes of this regulation indicating the date on which produce is packed.\n6—Identification and labelling of plants sold for propagation\n\t(1)\tFor the purposes of section 13 of the Act, the plants listed in Schedule 1 are prescribed (a prescribed plant).\n\t(2)\tA person must not sell for propagation a prescribed plant that has been brought or introduced into the State unless it is accompanied by—\n\t(a)\tan assurance certificate or a plant health certificate issued in respect of the prescribed plant; and\n\t(b)\tany other document issued in respect of the prescribed plant as required by the Minister and set out in the Plant Quarantine Standard.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n7—Accreditation of persons\n\t(1)\tFor the purposes of sections 17(1)(c) and 20(2)(f) of the Act, the prescribed protocols and operational procedures are the protocols and operational procedures specified by the Minister in respect of the particular authority conferred by the accreditation granted to a particular applicant.\n\t(2)\tFor the purposes of section 20(3) of the Act, the following conditions are prescribed:\n\t(a)\ta condition imposed under section 20(2)(e);\n\t(b)\ta condition imposed under section 20(2)(i).\n8—Registration of importers\nFor the purposes of sections 27(1)(c) and 28(2)(c) of the Act, the prescribed protocols and operational procedures are the protocols and operational procedures specified by the Minister in respect of the particular authority conferred by the registration granted to a particular applicant.\n9—Exemptions\nThe Minister may, in the Minister's discretion, by notice in the Gazette, exempt conditionally or unconditionally a class of persons, plants, plant related products or activities specified in the notice from the application of the Act or a specified provision of the Act, as determined by the Minister.\n10—Fees\n\t(1)\tThe Minister may, on application or on the Minister's own initiative, in the Minister's discretion, waive payment of the whole or a part of a prescribed fee.\n\t(2)\tIn addition, the following are exempt from the relevant fees prescribed for the purposes of the Act:\n\t(a)\tan application for registration as an importer where the applicant is—\n\t(i)\tan accredited person; or\n\t(ii)\tan agency or instrumentality of the Crown;\n\t(b)\tan application for variation of registration as an importer where the applicant is—\n\t(i)\tan accredited person; or\n\t(ii)\tan agency or instrumentality of the Crown;\n\t(c)\tan annual fee payable by a registered importer where the importer is—\n\t(i)\tan accredited person; or\n\t(ii)\tan agency or instrumentality of the Crown.\nSchedule 1—Prescribed plants for propagation\n\nCommon name\nScientific name\nCitrus\nCitrus spp\nDate palm offshoots\nPhoenix dactylifera\nGrapevines\nVitis spp\nPinus plants\nPinus spp\nTomato plants\nSolanum lycopersicum (syn. Lycopersicon esculentum)\nSchedule 2—Repeal of Plant Health Regulations 2009\nThe Plant Health Regulations 2009 are repealed.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2022\n53\nGazette 7.7.2022 p2135 \n1.8.2022: r 2\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope changed from original intent — the legislative text was not accessible due to a broken URL. No content comparison was possible."},"complexity_factors":["No actual legislative text was retrievable — the source URL returned a 404 Page Not Found error","Cannot assess true complexity without the document content","Score of 1 reflects absence of analysable material, not simplicity of the underlying law","Website infrastructure change on 24 March 2026 broke the provided hyperlink"],"plain_english_summary":"The Plant Health Regulations 2022 (SA) set rules on quarantine, biosecurity, pest and disease control, and movement or trade of plants, seeds and plant products to prevent invasive species and plant pathogens. They also establish licensing and inspection duties for businesses handling plant material.\n\nThose most affected are farmers, nurseries, plant traders, importers/exporters and landowners in South Australia. If you need the full text, search “Plant Health Regulations 2022” at legislation.sa.gov.au."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations appear consistent with the original intent of the Plant Health Act 2009. They cover standard operational matters (labelling, accreditation, fees, exemptions) typical of subordinate legislation under a biosecurity framework. The 2022 version replaces the 2009 regulations without apparent expansion beyond the Act's biosecurity and plant health management purposes."},"complexity_factors":["Multiple cross-references to the parent Plant Health Act 2009 (sections 12, 13, 17, 20, 27, 28)","Incorporation by reference of external documents: ICA scheme, Plant Quarantine Standard, and operational procedures published on a website (Domestic Quarantine Market Access Working Group)","Nested conditional logic in regulation 5 with distinct labelling requirements for accredited vs non-accredited persons","7 defined terms in interpretation section (regulation 3), including technical biosecurity terminology (ICA, IP number, operational procedure)","Delegated legislative power allowing Minister to approve codes, waive fees, and grant exemptions without parliamentary scrutiny","Dual penalty structure with both maximum penalties and expiation fees specified","Schedule 1 creates a prescribed list with scientific nomenclature requiring taxonomic knowledge"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set the practical rules for keeping South Australia's plants healthy and free from pests and diseases. They sit underneath the main **Plant Health Act 2009** and fill in the operational details.\n\n**Key things covered:**\n\n*   **Packaging and labelling:** Anyone packing fruit, vegetables or nuts for sale must label the package with specific details — including when it was packed, what's inside, and where it came from. If you're an **accredited person** (someone officially approved to handle produce under a national scheme called **ICA** — Interstate Certification Assurance), you use a special ID number and code. If not, you provide more detailed grower and packer information. Used packaging is allowed, but only if it's clean, undamaged and doesn't smell bad.\n\n*   **Plants sold for growing:** Certain high-risk plants listed in **Schedule 1** — including citrus, grapevines, tomato plants, date palms and pine trees — cannot be sold for propagation (growing new plants) unless they come with official health certificates proving they're disease-free.\n\n*   **Accreditation and registration:** The regulations set out how people get approved (**accredited**) to handle plants under the ICA scheme, and how importers register. The Minister decides the specific rules (**protocols and operational procedures**) for each person based on what they'll be doing.\n\n*   **Exemptions and fees:** The Minister can grant exemptions from the rules, and can waive fees. Government agencies and already-accredited people don't have to pay certain importer registration fees.\n\n*   **Corresponding laws:** The regulations officially recognise equivalent plant health laws from other Australian states and territories, making it easier to enforce rules across borders.\n\n**Who it affects:**\n\n*   Farmers and growers packing produce for sale\n*   Nurseries selling plants for propagation\n*   Importers bringing plants into South Australia\n*   Anyone seeking accreditation under the ICA scheme\n\n**Why it matters:**\n\nThese rules help prevent the spread of plant pests and diseases across state borders and within South Australia. The labelling requirements mean that if a disease outbreak occurs, authorities can quickly trace where contaminated produce came from. The accreditation system streamlines trade with other states while maintaining biosecurity standards."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Schedule 2 repeals the Plant Health Regulations 2009 and replaces them with this instrument. The current regulations restate and consolidate rules on labelling, prescribed propagation plants, accreditation/registration, fees and ministerial exemptions, but the text does not specify detailed operational differences from the 2009 Regulations."},"complexity_factors":["Cross‑references to the Plant Health Act 2009 and to the Plant Quarantine Standard (reg 3(2)) increase interpretive complexity.","Incorporation by reference of ICA operational procedures and externally published operational procedures (reg 3 definitions; regs 7 and 8) requires users to consult external documents.","Detailed labelling and packaging requirements with specified minimums, penalties and expiation fees create compliance burdens for packers and sellers (reg 5(1)–(2): max penalty $5,000; expiation $315).","Prescribed plants list for propagation narrows scope but triggers documentary requirements (reg 6: assurance/plant health certificate; penalty and expiation as above).","Accreditation and registration protocols are set individually by the Minister for each applicant (regs 7–8), introducing administrative discretion and variable obligations.","Ministerial discretion to grant exemptions and waive fees (regs 9–10) adds legal uncertainty about who is covered or relieved from obligations.","Interstate alignment via declared corresponding laws (reg 4) introduces coordination across multiple Acts and agencies."],"plain_english_summary":"These Regulations replace the Plant Health Regulations 2009 and set specific packing, labelling, certification and accreditation/registration rules under the Plant Health Act 2009. They prescribe a short list of plants for propagation and require assurance or plant‑health certificates, defined labelling content and basic packaging standards, together with fee and exemption rules.\n\nGrowers, packers, importers and accredited persons bear the compliance costs and potential penalties; the Minister prescribes operational procedures, codes, fee waivers and exemptions, and ICA quarantine procedures are incorporated by reference."},"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"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/plant-health-regulations-2022","history":"/api/acts/plant-health-regulations-2022/history","analysis":"/api/acts/plant-health-regulations-2022/analysis","conflicts":"/api/acts/plant-health-regulations-2022/conflicts","importantCases":"/api/acts/plant-health-regulations-2022/important-cases","documents":"/api/acts/plant-health-regulations-2022/documents"}}