Part 9Biosecurity programs and agreements

Part 9—Biosecurity programs and agreements Division 1—Approved biosecurity programs 156—Preparation of draft biosecurity program (1) An entity representing the interests of any industry, or any part of the community, may prepare a draft program relating to the prevention, elimination, minimisation, control or management of a biosecurity risk or biosecurity impact. (2) A draft program prepared under subsection (1) must specify the following: (a) the name of the entity preparing the program; (b) the intended scope of the program; (c) the biosecurity risk or biosecurity impact to which the program relates; (d) the biosecurity matter or class of biosecurity matter that the program affects; (e) the composition of a management committee for the program; (f) the objectives of the program; (g) the strategies and methods to be applied under the program to control the biosecurity risk or biosecurity impact to which the program relates; (h) the manner in which the cost of implementing the program is to be met; (i) the likely duration of the program; (j) the manner in which the effectiveness of the program is to be monitored; (k) the persons or classes of persons able to perform functions in relation to the prevention, elimination, minimisation, control or management of the biosecurity risk or biosecurity impact to which the program relates; (l) the functions of those persons or classes of persons; (m) whether reimbursement for the destruction of any animal, plant or other property is to be payable under the program to the owner of the animal, plant or property; (n) if reimbursement is proposed under the program— (i) the manner in which the amount of reimbursement is to be determined; and (ii) who is to pay the reimbursement; and (iii) the manner of claiming the reimbursement; (o) the manner in which any proceeds obtained from the implementation of the program are to be disposed of; (p) the extent to which the owner of any biosecurity matter, carrier or other property affected by the implementation of the program is required to take action under the program; (q) the type and frequency of reporting that will occur in connection with the program. (3) A draft program may also specify 1 or more of the following: (a) the method of identification and examination of any biosecurity matter, carrier or other thing; (b) the method of treatment of any biosecurity matter or other thing; (c) the destruction or other disposal of any biosecurity matter, carrier or other thing if necessary to prevent, eliminate, minimise, control or manage a biosecurity risk or biosecurity impact; (d) measures to— (i) eradicate specified matter from an area; (ii) restrict or reduce the spread of specified biosecurity matter in a particular area. 157—Approval of draft biosecurity program (1) An entity that has prepared a draft program under section 156 may apply to the Minister for approval of the program. (b) be accompanied by a copy of the program and any other information or material required by the Minister. (3) On receipt of an application under subsection (1), and after consultation with any entity representing persons who, in the opinion of the Minister, are likely to be affected by the implementation of the program, the Minister may by written notice to the entity that prepared the draft program— (a) approve the program; or (b) if the entity that prepared the draft program agrees, amend the program and approve the program as amended; or (c) refuse to approve the program; or (d) request that the entity provide further information in respect of the program and after consideration of that further information— (i) approve the program; or (ii) if the entity that prepared the draft program agrees, amend the program and approve the program as amended; or (iii) refuse to approve the program. (4) The Minister must refuse to approve a draft program— (a) if it does not provide that the Chief Executive, or a person nominated by the Chief Executive, is a member of a management committee for the program; or (b) if it provides for the destruction or other disposal of any biosecurity matter or other property without the written approval of the Chief Executive, or the owner of the biosecurity matter or property; or (c) in prescribed circumstances. (5) An approved biosecurity program takes effect on a date specified by the Minister in the notice of approval of the program. 158—Amendment of approved biosecurity program (1) The Minister may, on application from the entity that prepared an approved biosecurity program— (a) amend the approved biosecurity program; or (b) refuse to amend the approved biosecurity program. (2) An application to amend an approved biosecurity program must— (b) be accompanied by a copy of the program as amended and any other information or material required by the Minister. 159—Termination of approved biosecurity program (1) The Minister may terminate an approved biosecurity program— (a) on the Minister's own initiative; or (b) on the application of the entity that prepared the approved biosecurity program. (2) An application to terminate an approved biosecurity program must— (b) be accompanied by any information or material required by the Minister. (3) If the Minister terminates an approved biosecurity program under subsection (1)(a), the Minister must notify the entity that prepared the approved biosecurity program, at least 28 days before the termination is to take effect, of the termination of the program. 160—Cost of implementing approved biosecurity program (1) The Minister may, by written notice, agree that the Crown will reimburse the entity that prepared an approved biosecurity program for any specified costs incurred by the entity in implementing the program. (2) The notice must— (a) specify the costs or proportion of the costs that the Crown agrees to reimburse; and (b) be provided to the entity. (3) Except as agreed under subsection (1)— (a) any other costs incurred by an entity for an approved biosecurity program are to be met as provided in the program; and (b) the Crown is not liable in respect of those costs. Division 2—Government biosecurity programs 161—Government biosecurity programs (1) The Minister may direct the Chief Executive to implement a program relating to the prevention, elimination, minimisation, control or management of a biosecurity risk or biosecurity impact. (2) The Minister must not give a direction under subsection (1) unless the Minister— (a) has consulted with any persons (including a council) who, in the opinion of the Minister, are likely to be affected by the implementation of the program, or an entity representing such persons; and (b) is satisfied that implementation of the program will further the objects of this Act. (3) The Minister may give a direction without consultation under subsection (2) if the Minister is satisfied that the interests of the State require implementation of the program with minimal delay. (4) A program implemented under this section must specify the following matters: (a) the biosecurity risk or biosecurity impact to which the program relates; (b) the biosecurity matter or class of biosecurity matter that the program affects; (c) the objectives of the program; (d) the strategies and methods to be applied under the program to prevent, eliminate, minimise, control or manage the biosecurity risk or biosecurity impact to which the program relates; (e) the likely duration of the program; (f) the manner in which the effectiveness of the program is to be monitored; (g) the persons or classes of persons able to perform functions in relation to the prevention, elimination, minimisation, control or management of the biosecurity risk or biosecurity impact to which the program relates; (h) the functions of those persons or classes of persons; (i) whether reimbursement for the destruction of any animal, plant or other property is to be payable under the program to the owner of the animal, plant or property; (j) if reimbursement is payable under the program, the manner in which the amount of reimbursement is to be determined; (k) the type and frequency of reporting that will occur in connection with the program. (5) A program implemented under this section may also specify 1 or more of the following matters: (a) the identification and examination of any biosecurity matter, carrier or other thing; (b) the treatment of any biosecurity matter, carrier or other thing; (c) the destruction or other disposal of any biosecurity matter, carrier or other thing if necessary to control a biosecurity risk or biosecurity impact; (d) measures to— (i) eradicate specified biosecurity matter from a specified area; or (ii) restrict or reduce the spread of specified biosecurity matter in a specified area; (e) any other measures that the Minister considers appropriate to control the relevant biosecurity risk or biosecurity impact. (6) The Chief Executive may, by notice published in the Gazette, amend or terminate a government biosecurity program on the Chief Executive's own initiative or at the request of the Minister. Division 3—Biosecurity control agreements 162—Biosecurity control agreements (1) The Chief Executive may make an agreement with the owner or occupier of any premises in relation to carrying out treatment, destruction or other activities on those premises for the purpose of preventing, eliminating, minimising, controlling or managing a biosecurity risk or biosecurity impact. (2) An agreement under subsection (1)— (a) is subject to such conditions as the Chief Executive considers appropriate; and (b) may provide for the recovery by the Chief Executive of any costs incurred by the Crown in carrying out the agreement. (3) A person must not contravene a biosecurity control agreement. (4) The Chief Executive may, by written notice to the other party to a biosecurity control agreement, suspend or revoke the agreement if— (a) the Chief Executive reasonably believes that any condition of the agreement has not be complied with; or (b) the Chief Executive is exercising a power conferred by the agreement.