Agriculture and Related Resources Protection (European House Borer) Regulations 2006

These regulations, made under the Agriculture and Related Resources Protection Act 1976, establish a statutory regime for preventing the introduction and spread of the European house borer (EHB), Hylotrupes bajulus, through controls on pinewood in Western Australia. Mechanically, the instrument does four principal things.

First, it creates spatial controls. The Director General may designate restricted movement zones (RMZs) by notice in the Gazette and a local newspaper (reg 18A(1)-(2)). Property‑level notices (priority management zones, PMZs) are given under reg 17(1). Within those zones movement of pinewood is constrained: authorised officers may prohibit bringing pinewood into an RMZ (reg 3), and detailed rules govern removal of seasoned and unseasoned pinewood from RMZs and PMZs (regs 4-6). The spatial control mechanism therefore operates through public notices and targeted written directions.

Second, the regulations prescribe treatment, storage and destruction standards for pinewood. They define pinewood broadly to include timber and articles made from genera Pinus, Abies, Picea and Pseudotsuga (reg 2(1)). Treatment options are specified: preservative treatment in accordance with the AS/NZS 1604 series, fumigation with methyl bromide to specified concentrations and durations (including a temperature-dependent table), fumigation with other authorised fumigants, or heat treatment to a core temperature >60°C for ≥30 minutes (reg 12(1)-(2)). Destruction methods are specified: chipping to pieces under 100 cm3, burning, or burial more than one metre deep at approved sites (reg 11).

Third, it sets reporting, record‑keeping and surveillance duties. Owners, builders, pest controllers and building inspectors must report discovered EHB infestation in structural pinewood to an authorised person (reg 15). Authorised persons may require pinewood dealers to keep and produce records relating to pinewood in RMZs (reg 19), and may request source and supply information from persons in possession or previously in possession of pinewood (reg 18). The Director General and authorised persons may install surveillance poles, traps and lures statewide (reg 21) and erect public signage for RMZs and PMZs (reg 20).

Fourth, the instrument creates enforcement pathways and recovery mechanics. Authorised officers may give written directions to store, treat or destroy pinewood on a property (reg 10); if directions are not complied with an authorised person may enter, do the work, and recover expenses and statutory interest as a debt to the State (reg 13). It sets monetary penalties for breaches ranging from $500 to $2,000 depending on the offence (see regs 3-7, 9-10, 15-16, 18-21).

The official purpose implicit in the drafting is to reduce the risk of EHB spread by controlling the movement and condition of pinewood and enabling detection and response. The instrument accomplishes that by allocating discretionary powers to authorised persons and the Director General, prescribing technical treatment standards, and imposing reporting and record‑keeping burdens on owners, builders, dealers and pest controllers. Those mechanics create specific compliance costs (treatment, destruction, storage, record systems), enforcement costs (inspection, surveillance and recovery), and an administrative architecture based on notices, directions and penalties. The detailed standards (AS references and methyl bromide fumigation table) produce measurable compliance thresholds but also require access to testing, licensed pest controllers and approved facilities.

The regulations pivot on a set of defined, technical concepts that determine when duties arise and what conduct is permitted. Several definitions are central.

Pinewood is defined expansively to include trees or wood of the genera Pinus, Abies, Picea and Pseudotsuga, whether or not the wood is part of an article, including furniture and personal effects (reg 2(1)). The inclusion of articles means that obligations can attach to second‑hand goods, household items, or building components, not only roundwood or milled timber.

Seasoned pinewood is pinewood with moisture content ≤20% when tested per Australian Standard AS 1080.1 , 1997 (reg 2(1)). Unseasoned pinewood is everything else (reg 2(1)). The 20% moisture threshold, referenced to a specific testing standard, is an objective technical hook for the movement restrictions in regs 4-6 and the control period definition in reg 2(1).

Unwanted pinewood is defined to capture untreated pinewood of no commercial value and pinewood intended for use as firewood, including off‑cuts, discarded wood and fallen trees (reg 2(1)). This category triggers obligations for disposal or destruction in RMZs (reg 9).

RMZ (restricted movement zone) and PMZ (priority management zone) are central spatial concepts (reg 2(1)). An RMZ is an area determined by notice under reg 18A(1); a PMZ is any property to which a notice under reg 17(1) has been given. The regulatory duties differ by whether pinewood is on a property within a PMZ or within an RMZ more generally (see regs 4-6, 10).

Authorised person and Director General appear throughout the instrument as the decision‑making agents. The Director General may determine RMZs and erect signs (regs 18A(1), 20(1)); authorised persons have broad discretion to give written prohibitions (reg 3), directions to store/treat/destroy pinewood (reg 10), declare buildings unsuitable for storage (reg 4(3)), require records (reg 19) and request source information (reg 18). Authorisations permitting otherwise‑restricted movements must be given in writing by an authorised person and may be conditional and time‑limited (reg 8).

Treatment and destruction concepts are specified technically. Treatment options are preservative treatment per AS/NZS 1604, fumigation with methyl bromide to defined concentration/time/temperature parameters, fumigation with other authorised fumigants, or heat treatment to core >60°C for ≥30 minutes (reg 12). Destruction must be by chipping into pieces ≤100 cm3, burning, or burial >1 m at authorised sites (reg 11). The 100 cm3 volume limit recurs as an exception to movement prohibitions and as the metric for chipping (regs 4(1)(a), 11(a)).

The regulations assign obligations and potential penalties to a specific set of actors; they also create implied regulatory touchpoints for others.

Directly affected persons include owners and occupiers of property, builders, pest controllers, building inspectors, and pinewood dealers. Owners and occupiers are the primary duty‑bearers under a range of provisions: they must comply with storage, treatment and destruction directions (reg 10(2)); notify as owner under the reporting regime if infestation is discovered (reg 15(1)(a)); receive written notices of infestation for their property and adjacent properties (reg 17(1)); and may be required to accept entry by an authorised person to carry out work if they fail to comply with a direction (reg 13). Owners and occupiers also face the penalties for non‑compliance (for example, $2,000 fines under many provisions).

Builders are specifically named: a builder who discovers signs of EHB must report to an authorised person and to the owner if the builder is not the owner (reg 15(1)(b)-(2)); builders have duties to remove or have structural pinewood fumigated when informed by an authorised person (reg 16). The builder definition extends to those engaged to build or carry out building work and, in the absence of an engaged person, the owner (reg 14).

Pest controllers and building inspectors are singled out by duties and lower penalty levels for reporting failures (reg 15(1)(c), (1) penalties). The pest controller concept links into the Health (Pesticides) Regulations 2011 by cross‑reference to the definition of a licensee (reg 14). That cross‑reference carries regulatory consequences because some treatments, such as fumigation, will require licenced operators.

Pinewood dealers who buy, sell or transport pinewood (including as a hobby) may be required to keep written records in respect of pinewood in their possession within an RMZ (reg 19). They must produce those records on request and face fines for non‑compliance, creating an ongoing administrative burden for dealers operating in or through RMZs.

Other affected parties include local government waste authorities, because disposal via domestic waste disposal programmes is a listed safe option for unwanted pinewood in RMZs (reg 9(b)), and sites approved for burial must be local government or regional local government waste disposal sites or other approved sites (reg 11(c)). This imposes potential logistics and cost implications for local government operators accepting infested or unsecured pinewood.

Authorised persons and the Director General are the regulatory decision‑makers whose choices shape the practical impact of the regulations. Their discretion includes: prohibiting importation into RMZs (reg 3), issuing authorisations and conditions for movement (reg 8), declaring buildings unsuitable for storage (reg 4(3)), issuing directions to treat/destroy (reg 10), installing surveillance (reg 21), requiring records (reg 19), and creating RMZs (reg 18A). The breadth of their role means that the obligations on third parties will largely depend on how actively and precisely those powers are exercised.

The regulations allocate specific duties to different actors and vest rights and powers principally in authorised persons and the Director General. Below are the principal duties, and the rights and discretions that enable enforcement and response.

Duties on owners, occupiers and possessors of pinewood

• Do not bring pinewood into an RMZ when prohibited by an authorised person (reg 3(1)-(2)); breach attracts a $1,000 fine.
• Do not remove seasoned pinewood that has been in an RMZ for ≥72 hours unless one of the listed exceptions applies: piece volume <100 cm3; stored in a suitable building or fully enclosed plastic while in RMZ; treated per reg 12(1)(a) or treated per reg 12(1)(b) or (c) and removed within 72 hours; or transported through the RMZ without remaining stationary for >72 hours; or removal authorised in writing (reg 4(1)(a)-(f)). Penalty $2,000; documentary evidence must be provided when requested (reg 4(1a)).
• During the control period (1 Sep-30 Apr) do not remove unseasoned pinewood from an RMZ without written authorisation (reg 5). Penalty $2,000.
• Do not remove seasoned pinewood from a PMZ except where treated as prescribed, removed within 72 hours of treatment where required, or authorised (reg 6(1)). Penalty $2,000, with documentary evidence obligations (reg 6(2)).
• If in possession of unwanted pinewood in an RMZ, destroy it as required (chip, burn or bury), dispose via a local government domestic waste programme, or remove it in compliance with the movement rules (reg 9). Penalty $2,000.
• Comply with written directions to store, treat or destroy pinewood issued under reg 10(2) if property is in a PMZ or if authorised person considers the pinewood might be infested. Directions must be complied with within the specified time or a reasonable time if none specified (reg 10(4)). Penalty $2,000.
• If structural pinewood is discovered to be infested, owners and builders must report and follow remediation directions; when informed by an authorised person that structural pinewood is infested, a builder or owner must remove and destroy the infested pinewood or, if removal impracticable, fumigate in accordance with reg 12(1)(b) or (ba) (reg 15, reg 16). Penalty $2,000 for failure to treat/remove when directed.
• Comply with requests for information about origin, treatment and subsequent possession of pinewood when the authorised person believes the wood might have been in an RMZ or is/might be infested (reg 18(1)-(4)). Penalty $1,000.

The regulations set a schedule of pecuniary penalties for specific contraventions and provide enforcement mechanics for compelling compliance and recovering costs. Enforcement powers and penalties are concentrated in the text of the regulations and linked to the discretionary powers of authorised persons and the Director General.

Penalty schedule highlights

• Bringing pinewood into an RMZ in contravention of a written prohibition: fine $1,000 (reg 3(2)).
• Removing seasoned pinewood from an RMZ in breach of reg 4(1): fine $2,000 (reg 4(1)).
• Failing to supply documentary evidence to an authorised person when requested for removal compliance under reg 4(1): fine $2,000 (reg 4(1a)).
• Removing unseasoned pinewood from an RMZ during the control period without authorisation: fine $2,000 (reg 5).
• Removing seasoned pinewood from a PMZ in breach of reg 6: fine $2,000; failure to provide documentary evidence on request: fine $2,000 (reg 6(1)-(2)).
• Causing pinewood to be brought into or removed from an RMZ or PMZ in contravention of Part 2: fine $2,000 (reg 7).
• Failure to comply with a direction to store, treat or destroy pinewood given under reg 10: fine $2,000 (reg 10(4)).
• Unwanted pinewood in an RMZ , failure to destroy/dispose/remove as required: fine $2,000 (reg 9).
• Failure to report EHB infestation: builders/owners $2,000; pest controllers/building inspectors $500; builders who fail to notify owners $500 (reg 15(1)-(3)).
• Failure to comply with information requests under reg 18(3): fine $1,000 (reg 18(4)).
• Failure by a pinewood dealer to comply with a record‑keeping notice under reg 19(1) or produce records on request: fine $1,000 (reg 19(3)).
• Interference with RMZ/PMZ signs or surveillance devices: fine $500 (regs 20(2), 21(2)).

Enforcement mechanics and recovery

• Authorised persons can give written directions to store, treat or destroy pinewood when either the property is in a PMZ or the authorised person believes the pinewood is or might become infested (reg 10(1)-(2)). Those directions are enforceable and carry a $2,000 penalty for non‑compliance.
• If a person does not comply with a direction under reg 10, an authorised person may enter the property and carry out the required work (reg 13(1)). All expenses incurred by the authorised officer, plus interest at the rate prescribed for s 52(2) of the Act, are a debt due by the person to the State; recovery may be pursued by the Director General in a court of competent jurisdiction (reg 13(2)). The reference to interest under s 52(2) links the recovery amount to the Act’s prescribed interest framework, though the Act itself is not reprinted here.

The instrument embeds and cross‑references several external legal regimes and technical standards, producing interactions that practitioners must consider when advising clients or implementing compliance programmes.

Agriculture and Related Resources Protection Act 1976

• The regulations are made under the Agriculture and Related Resources Protection Act 1976. They expressly reference s 52(2) of the Act for the interest rate to be applied when authorised officers recover costs as a debt to the State (reg 13(2)). That cross‑reference means recovery of expenses under reg 13 runs through the Act’s debt recovery and interest regime. The Act may also set out definitions for “authorised person” and the enforcement architecture; practitioners should consult the Act for procedural safeguards, delegation rules, powers of entry and appeal mechanisms that are not reproduced in the regulations.

Australian Standards and technical instruments

• The regulations rely on external technical standards: testing of moisture content for “seasoned pinewood” is governed by AS 1080.1 , 1997 Timber: Methods of test - Moisture content (reg 2(1)); preservative treatment must comply with the AS/NZS 1604 series of Standards (reg 12(1)(a)). These references mean compliance requires conformity with the current versions of those standards and access to testing infrastructure. The standards themselves may be subject to periodic revision; legal advisors should verify which edition is operative and whether the regulation imposes a reference to a specific edition (the regulations specify AS 1080.1 , 1997).

Health and pesticide regulation

• The pest controller definition cross‑references the Health (Pesticides) Regulations 2011 (reg 14). Fumigation with methyl bromide or another fumigant (reg 12(1)(b) and (ba)) engages pesticide law, occupational health and environmental rules administered under health or environmental legislation. Licensing, safe use, transport and disposal of fumigants are governed outside the EHB regulations, so operators must comply with pesticide licensing, notification and safety requirements under the Health (Pesticides) Regulations and any other relevant environment and workplace health and safety laws.

Local government and waste law

• The disposal options for unwanted pinewood in RMZs include using local government domestic waste disposal programmes or burial at local government/regional local government waste disposal sites (reg 9(b), 11(c)). This interaction requires coordination with local government waste acceptance policies and any site‑specific approvals for burial of potentially infested wood, which will be regulated by local government planning and environmental health laws.

The regulations include a compilation table that records the instrument’s original gazettal and subsequent amendments up to the reprint date. The chronology supplied in the instrument is as follows.

Original instrument

• Agriculture and Related Resources Protection (European House Borer) Regulations 2006, gazetted 7 February 2006, commenced 7 February 2006 (Compilation table).

Amendments and further instruments

• Agriculture and Related Resources Protection (European House Borer) Amendment Regulations 2007, gazetted 28 December 2007 (amendments to multiple regulations cited throughout the text; see marginal notes following definitions and relevant regs), with commencement details: r.1 and r.2 commenced 28 December 2007 and other regulations commenced 29 December 2007 (Compilation table).
• Agriculture and Related Resources Protection (European House Borer) Amendment Regulations 2010, gazetted 5 February 2010, with most amendments commencing 6 February 2010 (Compilation table). The 2010 instrument inserted and amended several provisions referenced in the current text. For example, reg 5 (removing unseasoned pinewood from RMZ) is noted as inserted (reg 5 inserted: Gazette 5 Feb 2010 p. 243). Regulation marginal notes reflect amendments across regs 2, 3, 4, 6, 7, 8, 11, 12, 13, 18 and 19 among others, dated to the 2010 Gazette.
• Agriculture and Related Resources Protection (Repeals and Amendments) Regulations 2010 Part 6, gazetted 17 December 2010 and commenced 18 December 2010, is listed in the compilation table and appears to have made further amendments, with marginal amendment notes referencing the Gazette 17 Dec 2010 p. 6418 for regs 13, 18A, 20 and 21 (Compilation table).
• Agriculture and Related Resources Protection (European House Borer) Amendment Regulations 2011, gazetted 1 February 2011 and largely commencing 2 February 2011, made further amendments (Compilation table). Marginal notes indicate reg 14’s amendment dated Gazette 1 Feb 2011 p. 376.

Specific insertion and amendment notes in the main text

• The definitions section records amendments: reg 2 amended by Gazette 28 Dec 2007 p. 6480‑1 and 5 Feb 2010 p. 241‑2 (definition changes or additions).
• Several operational provisions have marginal amendment notes: reg 3 amended Gazette 5 Feb 2010 p. 242; reg 4 amended Gazette 28 Dec 2007 p. 6481 and 5 Feb 2010 p. 242‑3; reg 5 inserted Gazette 5 Feb 2010 p. 243; reg 6 inserted Gazette 28 Dec 2007 p. 6481‑2 and amended Gazette 5 Feb 2010 p. 243; reg 8 amended Gazette 5 Feb 2010 p. 244; reg 11 amended Gazette 5 Feb 2010 p. 244; reg 12 amended Gazette 28 Dec 2007 p. 6482‑3 and 5 Feb 2010 p. 244; reg 13 amended Gazette 17 Dec 2010 p. 6418; reg 14 amended Gazette 1 Feb 2011 p. 376; reg 15 inserted/penalty marginal notes show amendments; regs 17, 18A, 18, 19, 20 and 21 record insertion/amendment dates 5 Feb 2010; 17 Dec 2010; and 28 Dec 2007/17 Dec 2010 as applicable.

The regulation text contains no references to litigation or court decisions. It does not list cases, appeal routes or decisions that have interpreted the provisions. The instrument therefore does not identify any reported judicial authority that has construed the regulations, nor does it record administrative review outcomes.

Consequences of the absence of recorded litigation in the instrument

• With no reported litigation captured within these regulations, questions of statutory interpretation,such as the scope of an authorised person’s discretion, the meaning of “suitable building”, the evidentiary standard for “signs of EHB infestation”, the interplay between documentary evidence demands and privacy or commercial confidentiality, and the construction of the control period,remain likely to be resolved through administrative practice or potentially through future litigation in court or tribunal.
• Enforcement actions under the regulations that give rise to civil debt recovery under reg 13(2), prosecutions for the specified offences, or disputes arising from RMZ determinations (reg 18A) could generate litigation in the ordinary course. The regulations provide civil and criminal enforcement mechanisms that may be the subject of procedural and substantive challenges, such as contesting the lawfulness of an entry to carry out works, disputing the calculation of recovered expenses and interest, or seeking judicial review of a Director General’s or authorised person’s decision to designate an RMZ or issue a direction.

Potential litigation issues likely to arise from the text

• Discretionary thresholds: Many powers hinge on qualitative judgments (for example, whether pinewood “might be, or is likely to become, infested” (reg 10(1)(b)), or whether presence of pinewood “will increase the risk of the spread of EHB” (reg 3(1))). Disputes may arise over whether an authorised person’s assessment was reasonable, rational, or procedurally fair.
• Evidentiary questions: The regulations require documentary evidence of storage or treatment (regs 4(1a), 6(2)) and reference testing standards (AS 1080.1) and treatment standards (AS/NZS 1604). Litigation could arise where parties dispute the application of the technical standards, the validity of certificates, or the adequacy of treatment.
• Recovery of costs and interest: The ability of the Director General to recover expenses incurred by authorised officers, together with statutory interest per s 52(2) of the Act, could be contested in respect of quantum, notice, or process. Parties might challenge whether the expenses were reasonably incurred or whether sufficient procedural steps were taken before entry.

The regulations contain several technical and procedural features that can produce unexpected compliance exposures if not actively managed. Below are concrete “gotchas” grounded in the text.

1. Broad definition of pinewood

• Pinewood includes articles such as furniture, decorations and personal effects (reg 2(1)). Individuals moving household furniture across RMZ boundaries, or second‑hand dealers selling pinewood items, can inadvertently trigger movement restrictions and reporting duties.

2. Seasoned/unseasoned test tied to a specific standard

• Seasoned pinewood is defined by moisture content ≤20% tested under AS 1080.1 , 1997 (reg 2(1)). Compliance therefore requires access to moisture testing and an understanding that the standard’s methodology will govern classification. Failure to test correctly could mean a piece thought to be “seasoned” is treated as “unseasoned” for regulatory purposes.

3. 72‑hour threshold and the 100 cm3 metric

• The offence in reg 4 prohibits removal of seasoned pinewood that has been in an RMZ for 72 hours or more unless exceptions apply. The chipping exception and permissible destruction size is 100 cm3 (regs 4(1)(a), 11(a)). The coincidence of the same 100 cm3 metric for allowable pieces and destruction methods means careful measurement is necessary: pieces marginally above the metric will not meet the exception and may expose the mover to penalties.

4. Documentary evidence on request

• Persons claiming exceptions must provide documentary or other evidence when requested by an authorised person (regs 4(1a), 6(2)). The regulations do not prescribe the form of such evidence, creating enforcement discretion and operational risk if documentary proof is not prepared and retained.

5. Control period limitation

• Removal of unseasoned pinewood from an RMZ is prohibited during the control period (1 September-30 April) unless authorised (reg 5). Parties moving unseasoned timber for legitimate commercial reasons during this season must obtain prior written authorisation, or face a $2,000 fine.

6. Treatment options require technical capability and external licences

• The listed treatment methods include preservative treatment per AS/NZS 1604, fumigation with methyl bromide to specified concentrations and times (reg 12(1)-(2)), fumigation with other authorised fumigants, or heat treatment to core >60°C for at least 30 minutes. Heating to core temperature or fumigation will require specialised facilities and licensed operators. Methyl bromide in particular is tightly regulated; using it in compliance with reg 12 requires both the environmental/chemical capacity and licensing under Health (Pesticides) Regulations 2011.

Compliance requires a structured approach across detection, movement control, treatment, storage, record‑keeping and reporting. The steps below are practical, source‑grounded actions aligned to the regulations.

1. Map RMZs and PMZs and monitor notices

• Regularly check the Gazette and local newspapers for RMZ designations (reg 18A(1)-(2)) and for written notices given to owners/occupiers of PMZs (reg 17(1)). Maintain a register that flags properties you own, occupy or supply that fall within RMZs or PMZs.

2. Classify pinewood using the statutory definitions and standards

• Determine whether material is “pinewood” under reg 2(1), noting that furniture and personal effects are included.
• Test moisture content for classification as seasoned pinewood using AS 1080.1 , 1997 methodology; document test results and retain certificates (reg 2(1), reg 4(1a)). Where testing is not possible, be cautious: unseasoned pinewood faces stricter controls and seasonal prohibitions (reg 5).

3. If storing pinewood in an RMZ, ensure storage meets the “suitable building” test

• Store pinewood in an enclosed building that has not been declared unsuitable under reg 4(3) or ensure full enclosure in plastic or other authorised material where a suitable building is impractical (reg 4(2)(a)-(b) and reg 4(4)). If a written notice has been issued requiring alterations, either implement the alterations within the specified reasonable time or provide alternative compliant storage.

4. Before moving pinewood into or out of RMZs or PMZs, obtain required documentary evidence or written authorisation

• If moving seasoned pinewood that has been in an RMZ ≥72 hours, ensure one of the exceptions applies and be prepared to produce documentary evidence on request (reg 4(1)-(1a)).
• For removal of unseasoned pinewood during the control period, obtain written authorisation from an authorised person before movement (reg 5).
• If removing seasoned pinewood from a PMZ, either ensure treatment compliance per reg 12 or secure an authorisation and retain documentary evidence (reg 6(1)-(2)).

5. Use compliant treatment options and retain proof

• If treatment is required, follow the methods in reg 12: preservative treatment per AS/NZS 1604 series; fumigation with methyl bromide per the specific temperature/concentration/time table in reg 12(2), or an authorised alternative fumigant; or heat treatment to a core temperature >60°C for ≥30 minutes.