sch.3-sec.105Declarations of pest quarantine areas

### sch.3-sec.105 Declarations of pest quarantine areas Subsection (2) applies if— under the repealed Act, section 11(1), a regulation declares an area to be a pest quarantine area; and immediately before the commencement, the regulation is still in force. On the commencement— the regulation under the repealed Act is taken to be a regulation made under section 128 of the Act that includes biosecurity zone regulatory provisions; and the pest quarantine area is taken to be a biosecurity zone under the biosecurity zone regulatory provisions; and the pest that causes the pest infestation identified in the regulation under the repealed Act is taken to be regulated biosecurity matter for the biosecurity zone regulatory provisions. Subsection (4) applies if— under the repealed Act, section 11(1), the Minister has by notice declared an area to be a pest quarantine area; and immediately before the commencement, the notice is still in force. On the commencement— the notice— is taken to be a biosecurity emergency order made by the chief executive under section 113 of the Act ; and continues to have effect for the period it would have had effect under the repealed Act, section 11(9); and the pest quarantine area is taken to be the biosecurity emergency area for the biosecurity emergency order; and the pest that causes the pest infestation identified in the notice under the repealed Act is taken to be biosecurity matter associated with the biosecurity event that is the subject of the biosecurity emergency order. Subsection (6) applies if, before the commencement, an inspector has given a direction or taken an action under the repealed Act, section 11(7), that allows a person to be exempted from the matters stated in paragraph (a) or (c) of that section. From the commencement— for an exemption relating to a regulation made under the repealed Act, section 11(7)—the exemption is taken to be a biosecurity instrument permit under this Act and is subject to the same conditions imposed under the repealed Act on the exemption; or for an exemption relating to a notice made under the repealed Act, section 11(7)—the exemption is taken to be an emergency biosecurity order permit under this Act and is subject to the same conditions imposed under the repealed Act on the exemption. (sch.3-sec.105-ssec.1) Subsection (2) applies if— under the repealed Act, section 11(1), a regulation declares an area to be a pest quarantine area; and immediately before the commencement, the regulation is still in force. (sch.3-sec.105-ssec.2) On the commencement— the regulation under the repealed Act is taken to be a regulation made under section 128 of the Act that includes biosecurity zone regulatory provisions; and the pest quarantine area is taken to be a biosecurity zone under the biosecurity zone regulatory provisions; and the pest that causes the pest infestation identified in the regulation under the repealed Act is taken to be regulated biosecurity matter for the biosecurity zone regulatory provisions. (sch.3-sec.105-ssec.3) Subsection (4) applies if— under the repealed Act, section 11(1), the Minister has by notice declared an area to be a pest quarantine area; and immediately before the commencement, the notice is still in force. (sch.3-sec.105-ssec.4) On the commencement— the notice— is taken to be a biosecurity emergency order made by the chief executive under section 113 of the Act ; and continues to have effect for the period it would have had effect under the repealed Act, section 11(9); and the pest quarantine area is taken to be the biosecurity emergency area for the biosecurity emergency order; and the pest that causes the pest infestation identified in the notice under the repealed Act is taken to be biosecurity matter associated with the biosecurity event that is the subject of the biosecurity emergency order. (sch.3-sec.105-ssec.5) Subsection (6) applies if, before the commencement, an inspector has given a direction or taken an action under the repealed Act, section 11(7), that allows a person to be exempted from the matters stated in paragraph (a) or (c) of that section. (sch.3-sec.105-ssec.6) From the commencement— for an exemption relating to a regulation made under the repealed Act, section 11(7)—the exemption is taken to be a biosecurity instrument permit under this Act and is subject to the same conditions imposed under the repealed Act on the exemption; or for an exemption relating to a notice made under the repealed Act, section 11(7)—the exemption is taken to be an emergency biosecurity order permit under this Act and is subject to the same conditions imposed under the repealed Act on the exemption. - (a) under the repealed Act, section 11(1), a regulation declares an area to be a pest quarantine area; and - (b) immediately before the commencement, the regulation is still in force. - (a) the regulation under the repealed Act is taken to be a regulation made under section 128 of the Act that includes biosecurity zone regulatory provisions; and - (b) the pest quarantine area is taken to be a biosecurity zone under the biosecurity zone regulatory provisions; and - (c) the pest that causes the pest infestation identified in the regulation under the repealed Act is taken to be regulated biosecurity matter for the biosecurity zone regulatory provisions. - (a) under the repealed Act, section 11(1), the Minister has by notice declared an area to be a pest quarantine area; and - (b) immediately before the commencement, the notice is still in force. - (a) the notice— (i) is taken to be a biosecurity emergency order made by the chief executive under section 113 of the Act ; and (ii) continues to have effect for the period it would have had effect under the repealed Act, section 11(9); and - (i) is taken to be a biosecurity emergency order made by the chief executive under section 113 of the Act ; and - (ii) continues to have effect for the period it would have had effect under the repealed Act, section 11(9); and - (b) the pest quarantine area is taken to be the biosecurity emergency area for the biosecurity emergency order; and - (c) the pest that causes the pest infestation identified in the notice under the repealed Act is taken to be biosecurity matter associated with the biosecurity event that is the subject of the biosecurity emergency order. - (i) is taken to be a biosecurity emergency order made by the chief executive under section 113 of the Act ; and - (ii) continues to have effect for the period it would have had effect under the repealed Act, section 11(9); and - (a) for an exemption relating to a regulation made under the repealed Act, section 11(7)—the exemption is taken to be a biosecurity instrument permit under this Act and is subject to the same conditions imposed under the repealed Act on the exemption; or - (b) for an exemption relating to a notice made under the repealed Act, section 11(7)—the exemption is taken to be an emergency biosecurity order permit under this Act and is subject to the same conditions imposed under the repealed Act on the exemption.