sec.161Inclusion of restricted place entry in biosecurity register

### sec.161 Inclusion of restricted place entry in biosecurity register This section applies if the chief executive is satisfied on reasonable grounds that a particular place could pose a biosecurity risk. The presence of contaminants consisting of heavy metals in soil at a place means plants grown at the place could contain unacceptable levels of the contaminants that could enter the food chain. The chief executive may, by making an entry in the biosecurity register— declare the place to be a restricted place; and declare how use of the place is to be restricted; and declare the restrictions applying to dealings with designated animals that are at the place while the place is declared to be a restricted place; and declare the restrictions applying to dealings with designated biosecurity matter that is at the place while the place is declared to be a restricted place; and declare the restrictions applying to dealings with carriers of biosecurity matter that are at the place while the place is declared to be a restricted place. If the place is declared to be a restricted place because of the presence of a disease in soil at the place, a restriction may be that agricultural machinery (for example, a tractor) that is at the place when the declaration is made, or that is moved to the place while the declaration is in effect, must not be moved from the place until it has been decontaminated in a particular way. See section 169 (2) for the details that must be included in the biosecurity register in relation to the restricted place. A restriction declared under subsection (2) (c) or (d) may continue to apply to dealings with the designated animals or designated biosecurity matter even though the declaration of the place as a restricted place has ended. If the place is declared to be a restricted place because of the presence of contaminants consisting of heavy metals in soil at the place, a restriction may be that a designated animal that is at the place when the declaration is made, or that is moved to the place while the declaration is in effect, must not be sent to a meat processing place to be slaughtered until it has been pastured for a stated period on a place that is not a restricted place. If the declaration of the place as a restricted place ends before the animal has been pastured for the stated period on a place that is not a restricted place, the restriction on sending the animal to a meat processing place continues to apply. The entry and declarations may be made on the chief executive’s own initiative or because of a biosecurity risk notice. For subsection (2) , it does not matter whether the place is or is not a designated place for an entity’s registration as a registered biosecurity entity. If the chief executive makes an entry and declarations under subsection (2) , the chief executive must give each of the following an information notice for the decision to make the entry and declarations— the occupier of the place; if the occupier of the place is not the owner of the place—the owner; any entity that is, or is reasonably expected to become, a registered biosecurity entity and for whom the place is, or is reasonably expected to be, for the entity’s registration, a designated place. s 161 sub 2016 No. 28 s 46 (sec.161-ssec.1) This section applies if the chief executive is satisfied on reasonable grounds that a particular place could pose a biosecurity risk. The presence of contaminants consisting of heavy metals in soil at a place means plants grown at the place could contain unacceptable levels of the contaminants that could enter the food chain. (sec.161-ssec.2) The chief executive may, by making an entry in the biosecurity register— declare the place to be a restricted place; and declare how use of the place is to be restricted; and declare the restrictions applying to dealings with designated animals that are at the place while the place is declared to be a restricted place; and declare the restrictions applying to dealings with designated biosecurity matter that is at the place while the place is declared to be a restricted place; and declare the restrictions applying to dealings with carriers of biosecurity matter that are at the place while the place is declared to be a restricted place. If the place is declared to be a restricted place because of the presence of a disease in soil at the place, a restriction may be that agricultural machinery (for example, a tractor) that is at the place when the declaration is made, or that is moved to the place while the declaration is in effect, must not be moved from the place until it has been decontaminated in a particular way. See section 169 (2) for the details that must be included in the biosecurity register in relation to the restricted place. (sec.161-ssec.3) A restriction declared under subsection (2) (c) or (d) may continue to apply to dealings with the designated animals or designated biosecurity matter even though the declaration of the place as a restricted place has ended. If the place is declared to be a restricted place because of the presence of contaminants consisting of heavy metals in soil at the place, a restriction may be that a designated animal that is at the place when the declaration is made, or that is moved to the place while the declaration is in effect, must not be sent to a meat processing place to be slaughtered until it has been pastured for a stated period on a place that is not a restricted place. If the declaration of the place as a restricted place ends before the animal has been pastured for the stated period on a place that is not a restricted place, the restriction on sending the animal to a meat processing place continues to apply. (sec.161-ssec.4) The entry and declarations may be made on the chief executive’s own initiative or because of a biosecurity risk notice. (sec.161-ssec.5) For subsection (2) , it does not matter whether the place is or is not a designated place for an entity’s registration as a registered biosecurity entity. (sec.161-ssec.6) If the chief executive makes an entry and declarations under subsection (2) , the chief executive must give each of the following an information notice for the decision to make the entry and declarations— the occupier of the place; if the occupier of the place is not the owner of the place—the owner; any entity that is, or is reasonably expected to become, a registered biosecurity entity and for whom the place is, or is reasonably expected to be, for the entity’s registration, a designated place. - (a) declare the place to be a restricted place; and - (b) declare how use of the place is to be restricted; and - (c) declare the restrictions applying to dealings with designated animals that are at the place while the place is declared to be a restricted place; and - (d) declare the restrictions applying to dealings with designated biosecurity matter that is at the place while the place is declared to be a restricted place; and - (e) declare the restrictions applying to dealings with carriers of biosecurity matter that are at the place while the place is declared to be a restricted place. Example— If the place is declared to be a restricted place because of the presence of a disease in soil at the place, a restriction may be that agricultural machinery (for example, a tractor) that is at the place when the declaration is made, or that is moved to the place while the declaration is in effect, must not be moved from the place until it has been decontaminated in a particular way. - (a) the occupier of the place; - (b) if the occupier of the place is not the owner of the place—the owner; - (c) any entity that is, or is reasonably expected to become, a registered biosecurity entity and for whom the place is, or is reasonably expected to be, for the entity’s registration, a designated place.