163Emergency orders

163 Emergency orders

(1)  The Minister may, by order –

(a) declare a biosecurity emergency; and

(b) establish measures to respond to that biosecurity emergency.

(2)  An order under subsection (1) is to specify each of the following:

(a) the biosecurity matter, biosecurity risk or biosecurity impact that is the subject of the emergency;

(b) the emergency zone or zones to which the order relates;

(c) the emergency measures to be followed in the biosecurity emergency;

(d) the persons or class of persons to whom the emergency measures apply;

(e) when the emergency order takes effect;

(f) the duration of the emergency order.

(3)  The Minister may only make an order under subsection (1) if the Minister –

(a) has consulted with the Chief Veterinary Officer and the Chief Plant Protection Officer in respect of the proposed order; and

(b) is satisfied, or reasonably suspects, that there is a current or imminent biosecurity risk that may have a significant biosecurity impact.

(4)  An order under subsection (1) may be made –

(a) to isolate an emergency zone or biosecurity matter; and

(b) to prevent the spread of the biosecurity matter; and

(c) to eradicate the biosecurity matter (if practicable); and

(d) for any other reason the Minister considers necessary.

(5)  An order under subsection (1) is not invalid merely because the Minister was unable, after making all reasonable attempts, to comply with subsection (3)(a) before the order was made.