Part 10Biosecurity zones

Part 10—Biosecurity zones Division 1—General scheme 163—Biosecurity zones (1) The regulations may prescribe 1 or more of the following as a biosecurity zone: (a) any specified premises or specified part of premises; (b) any specified place, area or region or specified part of such place, area or region; (2) Without limiting the generality of subsection (1), a biosecurity zone may be prescribed— (a) to provide for the long-term management of a biosecurity risk or biosecurity impact; or (b) to prevent, eliminate, minimise, control or manage a biosecurity risk or biosecurity impact. (3) A regulation prescribing a biosecurity zone must specify each of the following in respect of the zone: (a) the biosecurity matter, or class of biosecurity matter, biosecurity risk or biosecurity impact in relation to which the biosecurity zone is prescribed; (b) the premises, places, areas or regions which form the biosecurity zone in a clear and identifiable manner; (c) the biosecurity zone measures to be followed in respect of the biosecurity zone; (d) the persons, or class of persons, to which the biosecurity zone measures apply. (4) A regulation under this Division may only be made on the recommendation of the Minister. 164—Biosecurity zone measures (1) A biosecurity zone measure is a measure to be implemented in respect of a biosecurity zone for the purpose of preventing, eliminating, minimising, controlling or managing a biosecurity risk, or biosecurity impact, in respect of which the biosecurity zone was established. (2) A biosecurity zone measure may be prescribed in respect of— (a) the biosecurity zone in respect of which the measure is prescribed; or (b) an area outside of the biosecurity zone. (3) A biosecurity zone measure may do 1 or more of the following: (a) prohibit, regulate or control the doing of any thing; (b) require, authorise, or provide for the doing of any thing (including so as to require a person to arrange for something to be done); (c) impose an evidentiary presumption in respect of biosecurity matter, a carrier, a dealing, a biosecurity risk or biosecurity impact, in relation to the biosecurity zone. (4) Without limiting the generality of this section, a biosecurity zone measure may prohibit, regulate or control, or require or authorise, any of the things specified in Schedule 3. 165—Failure to comply with a biosecurity zone measure (1) A person must not contravene a biosecurity zone measure. (2) A person who commits an offence under subsection (1) because the person contravenes a requirement of a biosecurity zone measure— (a) continues, until the requirement is complied with and despite the fact that any specified period or time for compliance has expired or passed, to be liable to comply with the requirement; and (3) Subsection (2) does not apply to the extent that a requirement of a biosecurity zone measure has been revoked. 166—Chief Officer may authorise required action and recover costs (1) In addition to any penalty imposed under this Act, if a person contravenes a biosecurity zone measure, the relevant Chief Officer may authorise a person to enter premises and take action necessary to ensure the biosecurity zone measure is complied with or otherwise to remedy the contravention. (2) The relevant Chief Officer may not authorise a person to enter residential premises unless, at least 24 hours before the person enters the premises, an occupier of the premises is given written notice of— (a) the intention to enter the premises; and (b) the proposed date on which the premises are intended to be entered. (3) Notice is not required to be given under subsection (2) if— (a) entry into the residential premises is made with the consent of the owner, or occupier, of the premises; or (b) entry into the residential premises is made under the authority of a warrant. (4) The relevant Chief Officer may charge the person who has contravened the biosecurity zone measure a fee for the reasonable costs and expenses incurred in taking action under this section in respect of the contravention. (5) A fee charged under subsection (4) is a debt due to the Crown. Division 2—Accreditation of biosecurity zones 167—Accreditation of biosecurity zones (1) If the Minister is satisfied that through the exercise of good management by the producers or processors of animals or plants, or animal products or plant products, in a specified biosecurity zone, the biosecurity zone is free of a specified pest or disease, or specified pests or diseases, the Minister may, by notice in the Gazette, declare the biosecurity zone to be free of the pest or disease, or pests or diseases, specified in the notice and authorise the use of specified statements in respect of animals or plants, or animal products or plant products, produced or processed in the biosecurity zone when advertising, packaging or selling those animals or plants, or animal products or plant products. (2) The Minister may, by notice in the Gazette, vary or revoke a notice under this section. (3) A person must only use a statement specified in a notice under this section in respect of animals or plants, or animal products or plant products, produced or processed in the biosecurity zone specified in the notice. Division 3—Limitations on regulation-making power 168—Interpretation biosecurity zone regulation means a regulation under Division 1. 169—Detention or treatment of persons (1) A biosecurity zone regulation may not— (a) prohibit, regulate or control the movement of a person; or (b) require treatment measures to be carried out on a person. (2) A biosecurity zone regulation may not require a person to provide samples of the person's blood, hair, saliva or any other body part or body fluid. (3) Subsection (1)(a) does not prevent a biosecurity zone regulation being imposed in relation to any biosecurity matter, premises, vehicle, area, activity or other thing that has an impact on the movement of a person but that is not imposed for the purpose of restricting the movement of a person. 170—Destruction requirements (1) A biosecurity zone regulation may not require or authorise the destruction of a thing unless— (c) the thing is a pest to which the biosecurity zone relates; or (d) the thing is, or is reasonably suspected of being, infected or infested with, or of harbouring, the biosecurity matter to which the regulations relate and there are no other reasonably practicable treatment measures that could prevent, eliminate, minimise, control or manage the biosecurity risk posed by the biosecurity matter; or (e) the thing is, or is reasonably suspected of being— (i) abandoned; and (ii) biosecurity matter to which the regulations relate or a carrier of biosecurity matter to which the regulations relate. reasonably practicable means reasonably practicable in the opinion of the relevant Chief Officer or an authorised officer; reasonably suspected means reasonably suspected by the relevant Chief Officer or an authorised officer. 171—Consultation requirements (1) The Minister must, before recommending to the Governor the making of a biosecurity zone regulation that would adversely affect a protected species under the Fisheries Management Act 2007, consult with the Minister for the time being administering that Act. (2) The Minister must, before recommending to the Governor the making of a biosecurity zone regulation that would adversely affect any animal or plant that is subject to any form of protection under the National Parks and Wildlife Act 1972, consult with the Minister for the time being administering that Act. (3) The Minister must, before recommending to the Governor the making of a biosecurity zone regulation that would adversely affect any native vegetation that is subject to any form of protection under the Native Vegetation Act 1991, consult with the Minister for the time being administering that Act. (4) The Minister must, before recommending to the Governor the making of a biosecurity zone regulation that would adversely affect any place, object, specimen, artefact or other thing that is subject to any form of protection under the Heritage Places Act 1993, consult with the Minister for the time being administering that Act. (5) The Minister must, before recommending to the Governor the making of a biosecurity zone regulation that would adversely affect any Aboriginal site, object or remains that are the subject of any form of protection under the Aboriginal Heritage Act 1988, consult with the Minister for the time being administering that Act. (6) A failure to comply with this section does not affect the validity of any regulation. Division 4—Warrants 172—Warrants (1) A warrant required for the purposes of this Part in relation to premises is a warrant issued by a magistrate. (2) A magistrate must not issue a warrant that will allow entry into premises unless satisfied that there are reasonable grounds to believe that the circumstances require entry to the premises without giving the notice otherwise required under this Part. (3) A warrant may authorise the use of reasonable force to break into premises.