sec.294Power to carry out aerial control measures under biosecurity program

### sec.294 Power to carry out aerial control measures under biosecurity program This section applies if a biosecurity program authorises the carrying out of an aerial control measure for biosecurity matter. An authorised officer may carry out, or direct another person to carry out, the aerial control measure for the biosecurity matter in relation to a place. The authorised officer must give notice of the proposed aerial control measure for the biosecurity matter to an occupier of the place at least 48 hours before carrying out the measure (the notice period ) unless— the measure will be carried out from a height of more than 350 feet above the place; or 350 feet is approximately 110m it would be impractical to give the notice because the measure will not be effective in controlling the biosecurity matter after the end of the notice period. A biosecurity program authorises spraying pesticide on locusts but a swarm of locusts at a place is likely to move on before notice can be given to an occupier of the place. Another law may require notice to be given to, or consent to be obtained from, an occupier of a place in the circumstances to which this section applies. However, if subsection (3) (b) applies, the authorised officer must make reasonable attempts to advise an occupier of the place about the aerial control measure before the measure is carried out. A notice under subsection (3) must include— a description of the biosecurity program authorising the aerial control measure; and a description of the aerial control measure; and the period during which the aerial control measure will be carried out. In this section— aerial control measure , for biosecurity matter, means an activity, done from the air by an airborne machine or a person in an aircraft, to achieve a purpose of a biosecurity program and includes the following— surveying and monitoring the biosecurity matter; distributing an agricultural chemical to control the biosecurity matter. airborne machine means a machine that can operate in air without carrying a person to pilot the machine. (sec.294-ssec.1) This section applies if a biosecurity program authorises the carrying out of an aerial control measure for biosecurity matter. (sec.294-ssec.2) An authorised officer may carry out, or direct another person to carry out, the aerial control measure for the biosecurity matter in relation to a place. (sec.294-ssec.3) The authorised officer must give notice of the proposed aerial control measure for the biosecurity matter to an occupier of the place at least 48 hours before carrying out the measure (the notice period ) unless— the measure will be carried out from a height of more than 350 feet above the place; or 350 feet is approximately 110m it would be impractical to give the notice because the measure will not be effective in controlling the biosecurity matter after the end of the notice period. A biosecurity program authorises spraying pesticide on locusts but a swarm of locusts at a place is likely to move on before notice can be given to an occupier of the place. Another law may require notice to be given to, or consent to be obtained from, an occupier of a place in the circumstances to which this section applies. (sec.294-ssec.4) However, if subsection (3) (b) applies, the authorised officer must make reasonable attempts to advise an occupier of the place about the aerial control measure before the measure is carried out. (sec.294-ssec.5) A notice under subsection (3) must include— a description of the biosecurity program authorising the aerial control measure; and a description of the aerial control measure; and the period during which the aerial control measure will be carried out. (sec.294-ssec.6) In this section— aerial control measure , for biosecurity matter, means an activity, done from the air by an airborne machine or a person in an aircraft, to achieve a purpose of a biosecurity program and includes the following— surveying and monitoring the biosecurity matter; distributing an agricultural chemical to control the biosecurity matter. airborne machine means a machine that can operate in air without carrying a person to pilot the machine. - (a) the measure will be carried out from a height of more than 350 feet above the place; or Editor’s note— 350 feet is approximately 110m - (b) it would be impractical to give the notice because the measure will not be effective in controlling the biosecurity matter after the end of the notice period. Example for paragraph (b) — A biosecurity program authorises spraying pesticide on locusts but a swarm of locusts at a place is likely to move on before notice can be given to an occupier of the place. Note— Another law may require notice to be given to, or consent to be obtained from, an occupier of a place in the circumstances to which this section applies. - (a) a description of the biosecurity program authorising the aerial control measure; and - (b) a description of the aerial control measure; and - (c) the period during which the aerial control measure will be carried out. - (a) surveying and monitoring the biosecurity matter; - (b) distributing an agricultural chemical to control the biosecurity matter.