sec.48Main function of local government

### sec.48 Main function of local government The main function under this Act of each local government is to ensure that the following biosecurity matter ( invasive biosecurity matter for the local government’s area) are managed within the local government’s area in compliance with this Act— prohibited matter mentioned in schedule 1 , parts 3 and 4 ; prohibited matter taken to be included in schedule 1 , parts 3 and 4 under a prohibited matter regulation or emergency prohibited matter declaration; restricted matter mentioned in schedule 2 , part 2 ; restricted matter taken to be included in schedule 2 , part 2 under a restricted matter regulation; an invasive animal or invasive plant, other than an animal or plant that is prohibited matter under paragraph (a) or (b) or restricted matter under paragraph (c) or (d) , that— is provided for under a local law of the local government under subsection (4) ; and in the opinion of the chief executive, satisfies the local invasive biosecurity matter criteria. For subsection (1) (e) (ii) , the local invasive biosecurity matter criteria for an invasive animal or invasive plant are— the animal or plant is currently present in the local government’s local government area; and there are reasonable grounds to believe that, if restrictions under this Act are not imposed on the invasive animal or invasive plant to reduce, control or contain it, the animal or plant may have an adverse effect on a biosecurity consideration. However, a local government is not responsible for managing invasive biosecurity matter in the local government area to the extent the matter is an invasive animal managed by an invasive animal board and its operational area is within the local government area. Without limiting the Local Government Act , section 28 (1) or the City of Brisbane Act , section 29 , a local government’s local law may provide for the management of invasive animals and invasive plants, whether or not they are prohibited matter or restricted matter, in its local government area. s 48 amd 2024 No. 17 s 87 amd 2024 No. 17 s 117 (uncommenced amendment) (sec.48-ssec.1) The main function under this Act of each local government is to ensure that the following biosecurity matter ( invasive biosecurity matter for the local government’s area) are managed within the local government’s area in compliance with this Act— prohibited matter mentioned in schedule 1 , parts 3 and 4 ; prohibited matter taken to be included in schedule 1 , parts 3 and 4 under a prohibited matter regulation or emergency prohibited matter declaration; restricted matter mentioned in schedule 2 , part 2 ; restricted matter taken to be included in schedule 2 , part 2 under a restricted matter regulation; an invasive animal or invasive plant, other than an animal or plant that is prohibited matter under paragraph (a) or (b) or restricted matter under paragraph (c) or (d) , that— is provided for under a local law of the local government under subsection (4) ; and in the opinion of the chief executive, satisfies the local invasive biosecurity matter criteria. (sec.48-ssec.2) For subsection (1) (e) (ii) , the local invasive biosecurity matter criteria for an invasive animal or invasive plant are— the animal or plant is currently present in the local government’s local government area; and there are reasonable grounds to believe that, if restrictions under this Act are not imposed on the invasive animal or invasive plant to reduce, control or contain it, the animal or plant may have an adverse effect on a biosecurity consideration. (sec.48-ssec.3) However, a local government is not responsible for managing invasive biosecurity matter in the local government area to the extent the matter is an invasive animal managed by an invasive animal board and its operational area is within the local government area. (sec.48-ssec.4) Without limiting the Local Government Act , section 28 (1) or the City of Brisbane Act , section 29 , a local government’s local law may provide for the management of invasive animals and invasive plants, whether or not they are prohibited matter or restricted matter, in its local government area. - (a) prohibited matter mentioned in schedule 1 , parts 3 and 4 ; - (b) prohibited matter taken to be included in schedule 1 , parts 3 and 4 under a prohibited matter regulation or emergency prohibited matter declaration; - (c) restricted matter mentioned in schedule 2 , part 2 ; - (d) restricted matter taken to be included in schedule 2 , part 2 under a restricted matter regulation; - (e) an invasive animal or invasive plant, other than an animal or plant that is prohibited matter under paragraph (a) or (b) or restricted matter under paragraph (c) or (d) , that— (i) is provided for under a local law of the local government under subsection (4) ; and (ii) in the opinion of the chief executive, satisfies the local invasive biosecurity matter criteria. - (i) is provided for under a local law of the local government under subsection (4) ; and - (ii) in the opinion of the chief executive, satisfies the local invasive biosecurity matter criteria. - (i) is provided for under a local law of the local government under subsection (4) ; and - (ii) in the opinion of the chief executive, satisfies the local invasive biosecurity matter criteria. - (a) the animal or plant is currently present in the local government’s local government area; and - (b) there are reasonable grounds to believe that, if restrictions under this Act are not imposed on the invasive animal or invasive plant to reduce, control or contain it, the animal or plant may have an adverse effect on a biosecurity consideration.