What it does
The Biosecurity and Agriculture Management Act 2007 (WA) is the primary legislative framework for managing biosecurity risks and regulating agricultural activities in Western Australia. Its objects, set out in section 3, are to provide effective biosecurity and agriculture management by controlling the entry, establishment, spread and impact of organisms that have or may have an adverse effect on other organisms, human beings, the environment, or agricultural, fishing, pearling and related commercial activities. The Act also controls the use of agricultural and veterinary chemicals, establishes safety and quality standards for agricultural products, and raises funds for biosecurity-related purposes. Critically, section 3(2) provides that nothing in the Act empowers the regulation of diseases which affect only human health. The Act creates a three-tier organism classification system: permitted organisms (section 11), prohibited organisms (section 12), and unlisted organisms (section 14). It imposes strict import restrictions (section 15), establishes duties to control declared pests (section 30) and to report their presence (section 26), and provides a comprehensive inspection and enforcement regime under Part 4. The Act also establishes the Western Australian Agriculture Authority (Part 7 Division 1), the Biosecurity Council (Part 2 Division 6), and several financial accounts including the Declared Pest Account (Part 6 Division 1), industry funding schemes (Division 2), and the Modified Penalties Revenue Account (Division 3). It allows for the making of regulations (section 188) and management plans (section 45), and provides for codes of practice (section 191). The Act binds the Crown (section 5) and operates in addition to a list of other specified Acts (section 4), with the latter prevailing in case of inconsistency except for section 40(3) on supply of pest control materials.