Biosecurity (First Point of Entry—Port of Bunbury) Determination 2019

The instrument is short and built around a small set of concepts and mappings that determine where biosecurity controls apply within Port of Bunbury.

Designations and hierarchy

• First point of entry: the instrument declares Port of Bunbury to be a first point of entry for particular classes of vessel and classes of goods (ss 5-6). The phrase is used consistently to indicate that, for the classes listed, Port of Bunbury is the designated first point of entry.
• Biosecurity entry point (BEP): the instrument separately designates areas/berths at the port to be biosecurity entry points for particular classes of vessels and goods (ss 7-8). The two sets of designations operate together: the port is a first point of entry for listed vessel/goods classes, and specific berths within the port are BEPs to which arriving vessels or goods should be brought (see notes to ss 7-8).

Categorisations of vessel and goods

• Vessels: the instrument distinguishes "vessels other than non‑commercial vessels" (s 5), and, in the BEP table, separates "vessels other than non‑commercial vessels" (item 1) from "vessels other than the following: (a) non‑commercial vessels; (b) passenger vessels" (item 2) (s 7). Those two items create different lists of berths appropriate to slightly different vessel classes.
• Goods: the instrument uses specific classes defined in s 4. "General goods" is defined as goods (as in s 19 of the Act) other than baggage, freight containers, live horses or waste (s 4). "Inorganic bulk goods" is defined narrowly as chemicals, ores, minerals or gases brought or imported in bulk that do not contain animals, plants, organic compounds or microbes (s 4). "Waste" is goods subject to biosecurity control and intended to be disposed of by the person in charge of the vessel (s 4). The instrument also treats "baggage" carried on certain vessels as a separate first point of entry category (s 6(a)).

Spatial mapping

• The instrument maps vessel classes and goods classes to specific berths:
  • Outer Harbour Berths 1 and 2 are BEPs for "vessels other than non‑commercial vessels" (s 7, table item 1).
  • Inner Harbour Berths 3, 4, 5, 6 and 8 are BEPs for "vessels other than non‑commercial vessels and passenger vessels" (s 7, table item 2).
  • For goods: general goods are mapped to Inner Harbour Berths 5 and 8; inorganic bulk goods to Inner Harbour Berths 4, 5, 6 and 8; waste to Inner Harbour Berths 3, 4, 5, 6, 8 and Outer Harbour Berths 1 and 2 (s 8, table).

Procedural obligations and conditions

• The determination is made subject to conditions in s 9. Those conditions require written notification to the Agriculture Department by an owner (or one owner if multiple), or by a lessee (or one lessee if multiple) of the port, as soon as practicable when they become aware of a change to the business entity operating the port or a BEP (s 9(2)-(3)).
• Persons or bodies responsible for carrying out operations at the port must give the Agriculture Department reasonable written notice of proposed changes to procedures or facilities that may affect the identification or management of biosecurity risks, or the ability of biosecurity officials to perform their functions at the port (s 9(4)-(5)). The instrument lists categories of changes that trigger this obligation (s 9(5)(a)-(e)).

References to the Act and definitions

• The instrument explicitly references that several expressions are defined in the Biosecurity Act 2015 (note in s 4) and uses the Act for authority (s 3). It therefore operates within the definition framework and procedural context of the Act, while containing its own, instrument‑specific definitions for the terms listed in s 4.

Cross‑references and limits

• The instrument contains explicit notes directing readers to ss 173 and 174 of the Act for matters relating to whether particular goods may be brought into a particular first point of entry (note to s 6).
• The instrument also records that it does not designate BEPs for goods other than those expressly mapped in s 8 and that the requirement in s 147 of the Act to bring goods to a BEP therefore does not apply to unloading of those other goods (note 2 to s 8). This creates a direct interaction between the instrument’s mappings and the Act’s procedural requirements.

The instrument names and affects particular actors; its duties and practical implications are concentrated on port owners, lessees, operators and the persons in charge of arriving vessels. The instrument’s text identifies the parties that carry explicit obligations.

Owners and lessees of Port of Bunbury

• The instrument places written notification obligations on the owner (or an owner if multiple owners) and on a lessee (or a lessee if multiple lessees) of Port of Bunbury. Those actors must notify the Agriculture Department, in writing, as soon as practicable after becoming aware that there has been, or will be, a change to the business entity operating the port or a biosecurity entry point (s 9(2)-(3)). The instrument does not define "owner" or "lessee" within the instrument but uses those ordinary terms as the actors with this notification duty (s 9).

Persons or bodies responsible for carrying out operations

• A person or body "that is responsible for carrying out operations at Port of Bunbury" must give the Agriculture Department reasonable written notice of any proposed change that falls within the listed categories (s 9(4)). The categories encompass changes to procedures for biosecurity measures, changes to facilities or amenities available to biosecurity officials, changes affecting the ability to identify biosecurity risks, changes affecting the ability for officials to be informed of identified risks, and other procedural changes that may affect biosecurity risk levels (s 9(5)(a)-(e)). The instrument does not further define who qualifies as the person or body responsible for operations; the obligation is phrased to capture whoever has operational responsibility.

Operators, shipping lines and masters/persons in charge of vessels

• By designating Port of Bunbury as a first point of entry for vessels other than non‑commercial vessels (s 5) and by designating BEPs for specified vessel classes (s 7), the instrument affects operators, shipping lines and the persons in charge of those vessels because the instrument, in notes, ties these designations to the Act’s requirement that a vessel that has arrived at the port must be brought to a BEP "as soon as practicable" (note to s 7 referencing s 246 of the Act). The instrument therefore operates to direct where vessels subject to biosecurity control should be handled within the port geography.

Entities handling goods

• The instrument makes Port of Bunbury a first point of entry for certain classes of goods (s 6). It designates BEPs for general goods, inorganic bulk goods and waste (s 8). Persons unloading goods at the port, stevedores, freight forwarders and consignees who handle those goods are therefore affected by the mapping because, for goods listed in s 8 that are to be unloaded, the instrument (by note to s 8) ties the designation to an obligation to bring those goods to a BEP as soon as practicable (note to s 8 referencing s 147 of the Act). However, baggage carried on specified vessels is included in s 6 as a first point of entry category but is not mapped to BEPs in s 8, and the instrument draws attention to that absence (note 2 to s 8).

Biosecurity officials and human biosecurity officers

• The instrument identifies, via s 9(5)(b), (d), facilities and procedures that permit biosecurity officials and human biosecurity officers to perform functions and exercise powers under the Act at the port. Those officials are indirectly affected by the instrument because the port owner/lessee and operational managers must notify the Agriculture Department of changes that affect those officials’ ability to carry out functions at the port (s 9(4)-(5)).

Excluded categories and limitations

• The instrument excludes non‑commercial vessels from the first point of entry designation (s 5) and uses that exclusion in the BEP tables (s 7). It also excludes passenger vessels from some inner‑harbour BEPs by the language of item 2 in the vessel BEP table (s 7 item 2). The instrument therefore allocates different port areas depending on commercial or passenger status of vessels. Freight containers and live horses are explicitly removed from the "general goods" category by the definition in s 4, which affects which goods are captured by the instrument’s BEP designations.

Practical consequence: who must act and how

• Practically, the parties who must take steps are owners/lessees (notification duties, s 9(2)-(3)); persons/bodies responsible for operations (advance reasonable notice of proposed procedural/facility changes, s 9(4)-(5)); masters/persons in charge of arriving vessels and cargo handlers (bringing vessels/goods to BEPs as soon as practicable, per the instrument’s notes to ss 7 and 8); and the Agriculture Department as the recipient of notices. The instrument sets where and when biosecurity control actions should be located within Port of Bunbury, and it requires communication to the Department when specified changes occur or are proposed.

The instrument imposes a small set of clear duties and sets out the port and berth designations that give effect to spatial duties under the Biosecurity Act 2015. Rights are not separately enumerated in the determination; it focuses on obligations and designations.

Primary duties created by the determination

• Designation duties (informational effect): The determination declares Port of Bunbury a first point of entry for certain vessel and goods classes (ss 5-6). This designation carries operational effects through the Act by coupling the location with the Act’s procedural requirements cited in notes, namely that vessels and listed goods "must be brought to a biosecurity entry point" as soon as practicable (notes to ss 7 and 8 referencing ss 246 and 147 of the Act). These performative duties (bring vessel/goods to BEP) are not spelled out as new obligations in the instrument proper but are referenced as existing Act obligations that the designation activates.
• Notification duties on owners and lessees: An owner (or an owner if multiple) must give the Agriculture Department written notice "as soon as practicable" after becoming aware that there has been, or will be, a change to the business entity operating Port of Bunbury or a biosecurity entry point at the port (s 9(2)). The same duty applies to a lessee (or a lessee if multiple) (s 9(3)). The duty is triggered by awareness of an existing or imminent change to the business entity operating the port or the BEP.
• Advance notice duties on operational managers: A person or body responsible for carrying out operations at the port must give the Agriculture Department "reasonable notice" in writing of proposed changes of a specified kind (s 9(4)). Section 9(5) enumerates the kinds of changes that require reasonable notice: changes to biosecurity procedures; changes to facilities or amenities for biosecurity officials; changes affecting identification of biosecurity risks; changes affecting the ability of officials to be informed of identified risks; and changes to procedures for managing other factors that may contribute to biosecurity risk (s 9(5)(a)-(e)). The obligation is prospective (reasonable notice of proposed changes) rather than retrospective.

Form and timing

• Notices must be given in writing to the Agriculture Department (s 9(2)-(4)). The owner/lessee obligations are tied to the phrase "as soon as practicable after becoming aware" of the change; the operator obligation for proposed changes is tied to the phrase "reasonable notice" (s 9(4)). The instrument does not specify minimum timeframes for "as soon as practicable" or for what constitutes "reasonable notice"; those are left to the parties’ judgment and any departmental guidance.

Mapping duties to place and activity

• Vessels must be brought to the BEPs specified in s 7. The mapping assigns outer berths (Outer Harbour Berth 1 & 2) as BEPs for "vessels other than non‑commercial vessels" (s 7, table item 1) and inner berths (Inner Harbour Berths 3, 4, 5, 6 & 8) as BEPs for vessels excluding non‑commercial and passenger vessels (s 7, table item 2). Goods must be brought to the BEPs specified in s 8 when being unloaded. General goods are assigned Inner Harbour Berths 5 and 8 (s 8, table item 1); inorganic bulk goods are assigned Inner Harbour Berths 4, 5, 6 and 8 (s 8, table item 2); waste is assigned Inner Harbour Berths 3, 4, 5, 6, 8 and Outer Harbour Berths 1 and 2 (s 8, table item 3).

Limits and negative duties

• The instrument expressly states that Port of Bunbury is not a first point of entry for any goods other than those listed in s 6 (note to s 6). It also explicitly records that no BEPs are designated by this instrument for "other goods for which Port of Bunbury is a first point of entry," and that the s 147 Act requirement to bring goods to a BEP therefore does not apply to unloading those other goods (note 2 to s 8). Those are negative limits: they restrict the instrument’s mapping and the operational implications it creates.

Attachments and conditions

• The instrument is explicitly made "subject to the conditions in this section" (s 9(1)). That means the owner/lessee/operational notification duties in s 9 operate as conditions of the determination itself. A failure to meet them would be a failure to meet the attached conditions of the determination; the instrument does not itself specify the remedy for breach of the condition.

Rights, remedies and discretion

• The instrument does not enumerate rights or appeal mechanisms for affected parties, nor does it specify administrative discretion or exemptions within the instrument text. It does not create statutory permissions to act contrary to the mapping in ss 7-8. Any enforcement, appeals or discretional relief would sit with the Biosecurity Act framework under which this determination was made; the instrument itself is a decision in statutory form and contains the notification/advance notice conditions in s 9.

The determination itself is silent on specific penalties and does not set fine amounts, imprisonment or infringement notices. It is a statutory determination made under subsection 229(1) of the Biosecurity Act 2015 (s 3), and it contains attached conditions (s 9) rather than standalone offence provisions.

What the instrument does state about enforcement context

• Authority: the instrument is made under s 229(1) of the Biosecurity Act 2015 (s 3). That situates the determination within the Act’s broader regulatory framework, but the instrument does not reproduce the Act’s enforcement provisions. The instrument therefore relies on the Act for consequential enforcement mechanisms rather than setting its own.
• Conditions: the determination is expressly made "subject to the conditions in this section" (s 9(1)). The conditions are procedural (notification and reasonable notice obligations). The instrument does not state what happens if a condition is breached (for example, revocation of the determination, fines or other sanctions), nor does it specify any ministerial or departmental discretion in that regard.

Operational enforcement pointers in the instrument

• The instrument includes notes that link the designations to statutory obligations under the Act: a vessel that has arrived at Port of Bunbury "must be brought to a biosecurity entry point for the vessel at that port as soon as practicable" (note to s 7, referring to s 246 of the Act), and goods to be unloaded that are listed "must be brought to a biosecurity entry point for those goods as soon as practicable" (note to s 8, referring to s 147 of the Act). These are procedural mandates cited in the instrument, but the instrument does not set enforcement steps or penalties for non‑compliance.

Practical enforcement implications for regulated parties

• Because the instrument does not set penalties, enforcement action for non‑compliance with either the designation (bringing to BEP) or the notification conditions would be taken under the Biosecurity Act 2015. The instrument’s reliance on written notices to the Agriculture Department (s 9(2)-(4)) creates clear documentary obligations that can be monitored administratively.
• The absence of timeframes for "as soon as practicable" or "reasonable notice" means that enforcement will likely involve an assessment of whether the timing and content of the written notice met those standards, as judged by the Agriculture Department or by any enforcement processes in the Act.

What this instrument does not do

• It does not create new penalty provisions, nor does it specify infringement notices, civil penalties or criminal offences within its text. It does not spell out the Agriculture Department’s procedural steps following receipt of a notice, nor does it prescribe an approval, acceptance or veto power concerning proposed changes; it only requires notification.

For practitioners: where to look next

• The instrument must be read together with the Biosecurity Act 2015 for a full understanding of enforcement power, penalties and consequences that may apply to failure to comply with duties that arise from the Act and from this determination. The instrument’s own terms are limited to designation and notification. Any enforcement steps, remedies and penalties should be traced to the Act (the instrument does not reproduce them).

The determination is an instrument made under the Biosecurity Act 2015 and is expressly framed to interact with that Act’s definitions and procedural provisions. The instrument contains explicit cross‑references to provisions of the Act and limits its own scope in light of those Act provisions.

Primary statutory relationship

• The instrument is made under subsection 229(1) of the Biosecurity Act 2015 (s 3). The instrument therefore sits as a subordinate statutory instrument within the regulatory architecture created by the Act. The instrument uses the Act’s terminology and points readers to Act provisions relevant to first point of entry and biosecurity entry point procedures (see notes to ss 6, 7 and 8).

Use of Act definitions and cross‑references

• Section 4 of the instrument notes that "a number of expressions used in this instrument are defined in section 9 of the Act" and then supplies instrument‑specific definitions for terms such as "general goods", "goods", "inorganic bulk goods", "non‑commercial vessel", "vessel" and "waste" (s 4). This indicates the instrument relies on the Act for background definitions while supplementing them where the instrument needs to be precise.
• The notes in the instrument cross‑reference specific Act provisions. For example: for whether particular goods may be brought into a particular first point of entry the instrument directs attention to ss 173 and 174 of the Act (note to s 6). For the requirement to bring vessels to BEPs and goods to BEPs, the instrument cites ss 246 and 147 of the Act respectively (notes to ss 7 and 8). The instrument thus deliberately defers operational detail and some substantive controls to the Act.

Scope limits and negative interactions

• The instrument limits what is designated as a first point of entry or as a BEP; where it does not designate a BEP for a class of goods that is nonetheless a first point of entry (for example baggage), it explicitly records that the requirement in s 147 of the Act to bring goods to a BEP does not apply to unloading those other goods (note 2 to s 8). That creates a point of interaction: the instrument’s silence on BEPs for some goods alters the Act’s procedural application (as acknowledged in the instrument).

Administrative interaction

• The instrument places notice obligations on owners/lessees and persons responsible for operations to give written notice to "the Agriculture Department" (s 9(2)-(4)). That creates an administrative reporting line to the department responsible under the Act. The instrument does not define internal departmental processes, approvals, or the consequences of receiving such notices; those would be governed by departmental practice under the Act.

No express interaction with other regulatory regimes in the instrument

• The instrument does not refer to customs, maritime safety, environmental protection or local government law. It does not alter or state interaction with industrial relations, port authorities’ other statutory regimes, or state laws. Any such interactions or overlaps would need to be examined against the text of the Biosecurity Act 2015 and other legislation; the determination itself is silent on those cross‑statutory interactions.

Practical note for users

• Practitioners should read this determination as an instrument that implements spatial and procedural aspects of the Biosecurity Act at Port of Bunbury. The determination tells you which vessels and goods are covered and which specific berths are BEPs, and it imposes notification duties tied to operational changes. The substantive enforcement, appeal and broader regulatory consequences will be governed by the Biosecurity Act and departmental practice, which the instrument references but does not reproduce.

The instrument contains a single commencement table and records only the original making and commencement details. There are no amendments recorded within the instrument text provided.

Key dates and signatory

• The instrument is titled Biosecurity (First Point of Entry,Port of Bunbury) Determination 2019 and is dated 7 June 2019 in the attestation block at the front of the instrument (signature block). It is signed by Dean Merrilees, Assistant Secretary, Compliance Division, Department of Agriculture (signature block).
• Section 2 contains the commencement table. It records that "The whole of this instrument" commenced on 16 June 2019 (s 2, Commencement table). The text states that the table relates only to the provisions of this instrument "as originally made" (s 2, note following the table).

No subsequent amendments in the instrument

• The instrument itself includes the note that the commencement table relates only to provisions "as originally made" and will not be amended in the instrument to deal with later amendments. There is no text here that records any amendment history, repeal, or superseding instrument. The provided text therefore represents the original instrument as made and commenced in June 2019.

Publication and ordinary instrument form

• The instrument follows the usual form for determinations: title, attestation, contents, parts, sections and commencement table. It contains no schedules beyond the short tables in ss 7 and 8 that list mappings of vessel/goods classes to areas. The absence of later amendment entries in this text means practitioners should check the official legislative instrument register for any subsequent variations, but within this instrument as presented there are none.

The determination text does not include, reference, or summarise any litigation, judicial review, disputes or case law. The instrument contains no citations to cases and no mention of proceedings related to the determination.

What the instrument records

• The instrument is a statutory determination with no internal record of litigation. It contains administrative conditions and technical mapping; it does not narrate any prior or concurrent legal proceedings.

What to do if litigation is a concern

• The instrument does not create or record litigation history. For any current or historical litigation that may hinge on this determination, practitioners must consult court records, tribunal decisions, or legal databases. The instrument itself supplies no litigation references and gives no procedural guidance on appeals or review of the determination within its text.

This instrument is concise but contains a number of details that could cause operational or compliance surprises if overlooked. The following are concrete points to watch for, grounded in the instrument’s wording.

Baggage is a first point of entry category but has no BEP mapping

• Section 6(a) makes Port of Bunbury a first point of entry for "baggage carried on a vessel other than a non‑commercial vessel or a passenger vessel." However, s 8 designates biosecurity entry points for general goods, inorganic bulk goods and waste only; baggage is not listed in s 8. Note 2 to s 8 explicitly warns that the determination does not designate BEPs for "other goods for which Port of Bunbury is a first point of entry," and that s 147 of the Act (which requires goods to be brought to a BEP for unloading) therefore does not apply to the unloading of those other goods. That means baggage (though a first point of entry under s 6(a)) is not mapped to a BEP by this instrument and the s 147 mandatory unloading‑to‑BEP rule does not apply here by virtue of the instrument’s silence. Operationally, this is a potential source of confusion because baggage is treated as a first point of entry category but has different procedural implications than the other goods categories mapped in s 8.

Different vessel classes mapped to different berths; passenger vessels treated differently

• The vessel BEP table in s 7 splits vessel classes across two items. Item 1 lists "vessels other than non‑commercial vessels" and maps them to Outer Harbour Berths 1 and 2. Item 2 lists "vessels other than the following: (a) non‑commercial vessels; (b) passenger vessels" and maps them to a set of inner berths (Inner Harbour Berths 3, 4, 5, 6 and 8). The net effect is that passenger vessels are included in item 1 but excluded from item 2. Practically, passenger vessels can be BEP‑designated at outer berths but not at the inner berths mapped in item 2. That allocation may affect berthing planning for passenger calls versus commercial cargo calls.

"General goods" excludes freight containers and live horses

• The instrument’s definition of "general goods" in s 4 explicitly excludes freight containers and live horses. That means those items are not captured by the general goods BEP mapping at Inner Harbour Berths 5 and 8; they are omitted from the instrument’s list of goods for which BEPs are designated. Practitioners should not assume that a BEP for general goods automatically covers containers or live horses.

"Inorganic bulk goods" definition excludes organic compounds and microbes

• The instrument defines "inorganic bulk goods" narrowly as chemicals, ores, minerals or gases brought in bulk that do not contain animals, plants, organic compounds or microbes (s 4). If a bulk chemical or ore arrives with organic contamination, it may not fall within the instrument’s inorganic bulk goods category and thus may not be covered by the BEP mapping in s 8(2). The operational consequence is that contractors must assess cargo composition against the instrument’s definition before treating a shipment as "inorganic bulk goods" for the purposes of BEP unloading.

Notification timing is imprecise

• The owner/lessee obligations to notify require written notice "as soon as practicable after becoming aware" of a change to the business entity operating the port or a BEP (s 9(2)-(3)). The operator obligations require "reasonable notice" of proposed changes (s 9(4)). The instrument does not define those temporal standards, which exposes regulated parties to administrative dispute about whether a particular notice was timely. Practitioners should treat "as soon as practicable" and "reasonable notice" conservatively and provide prompt, documented written notices to the Agriculture Department.

Who counts as the person or body "responsible for carrying out operations" is undefined

• Section 9(4) places an obligation on "a person or body that is responsible for carrying out operations at Port of Bunbury" to give reasonable notice of proposed changes. The instrument does not define the phrase. This could give rise to ambiguity as to whether contractors, stevedores, terminal operators, port authorities, or other entities are the obligors. Parties should consider clarifying responsibility in contracts and ensuring one identified entity takes the notification lead.

The determination is subject to conditions

• Section 9(1) states the determination is subject to the conditions in s 9. That means the notification obligations are not merely administrative niceties but are attached conditions of the port’s status as a first point of entry and the BEP designations. The instrument does not state the consequences of failing to meet those conditions.

No sanctions or departmental procedures are set out here

• The instrument creates clear duties but does not specify how the Agriculture Department will respond to notices, nor does it prescribe penalties for failures. That will be governed by the Biosecurity Act 2015 and departmental practice outside the instrument, which means regulated parties should not rely on the instrument alone to understand sanctions risk.

Mapping gaps may create operational uncertainty

• Because not all goods that are first point of entry categories are mapped to BEPs, and because some common cargo types (freight containers, live horses) are excluded from general goods, operators, vessel masters and cargo interests must cross‑check whether a particular arriving vessel or consignment is covered by the BEP mapping before assuming s 147 or s 246 obligations apply as mapped in the instrument’s notes.

Compliance under this determination follows two parallel tracks: (1) operational compliance with the port and berth mapping for vessels and goods; and (2) administrative compliance with the written notification and reasonable notice conditions in s 9.

Operational compliance (vessels and cargo handling)

• Map vessel type to BEP before arrival: Before arrival at Port of Bunbury ensure the vessel class is identified against the BEP table in s 7. Outer Harbour Berth 1 and Outer Harbour Berth 2 are designated BEPs for "vessels other than non‑commercial vessels" (s 7, item 1). Inner Harbour Berths 3, 4, 5, 6 and 8 are designated BEPs for vessels that are neither non‑commercial nor passenger vessels (s 7, item 2). This classification will determine which berth should be used as the BEP on arrival.
• Map goods to BEP before unloading: For goods intended to be unloaded, identify whether the goods fall into "general goods", "inorganic bulk goods" or "waste" as defined in s 4. If they do, use the BEPs listed in s 8: general goods to Inner Harbour Berths 5 and 8; inorganic bulk goods to Inner Harbour Berths 4, 5, 6 and 8; waste to Inner Harbour Berths 3, 4, 5, 6, 8 and Outer Harbour Berths 1 and 2. If goods are of a type not mapped in s 8 (for example baggage), note that the instrument does not designate a BEP for those goods and that the s 147 Act requirement to bring goods to a BEP does not apply to unloading those other goods (note 2 to s 8).
• Ensure cargo composition matches instrument definitions: For inorganic bulk goods, confirm the bulk commodity is a chemical, ore, mineral or gas and confirm it does not contain animals, plants, organic compounds or microbes (s 4). For general goods, confirm the item is not baggage, a freight container, a live horse or waste (s 4). If there is ambiguity, treat the cargo conservatively and consult the Agriculture Department ahead of arrival.

Administrative compliance (notifications and proposed changes)

• Owners and lessees: Owners of Port of Bunbury (or a single owner if there are multiple owners) and lessees (or a single lessee if multiple) must, "as soon as practicable after becoming aware" that there has been, or will be, a change to the business entity operating the port or a BEP, give written notice to the Agriculture Department (s 9(2)-(3)). Practical compliance steps include:
  • Maintaining an up‑to‑date register of ownership/lessee changes.
  • Preparing a template written notice that records the change, the effective date, contact details for the new operator, and any transitional arrangements.
  • Delivering the notice promptly on becoming aware of the change and retaining proof of sending and delivery.
• Persons or bodies responsible for operations: If an operator proposes to make a change of the kinds listed in s 9(5) (changes to biosecurity procedures, changes to facilities for biosecurity officials, changes affecting identification or communication of risks, or other procedure changes that affect biosecurity risk), provide the Agriculture Department with "reasonable notice" in writing of the proposed change (s 9(4)-(5)). Practical steps include:
  • Early engagement with the Agriculture Department before finalising procedural or facility changes.
  • Preparing impact assessments that identify how the proposed change affects biosecurity risk identification, management and officials’ ability to perform functions.
  • Providing written notice that outlines the proposed change, timing, mitigations, and contact points for follow‑up questions.
  • Agreeing or confirming any required mitigation measures before implementing the change where possible.
• Document and preserve evidence: Because the instrument uses subjective temporal standards ("as soon as practicable"; "reasonable notice"), keep contemporaneous evidence of when notices were prepared, sent and received. Use registered post, email with read receipts to a specified departmental address if provided by the department, or other documented channels to demonstrate compliance.

Coordination and contractual allocation of responsibility

• Where multiple parties have responsibilities (owners, lessees, terminal operators, stevedores), clarify through contract who will perform the notification obligations required by s 9. Given the instrument allows one owner or one lessee to discharge the obligation when there are multiple owners or lessees (s 9(2)-(3)), parties should document which entity will act as the notifier to avoid gaps.
• For operational responsibility (s 9(4)), identify the person or body that will take responsibility for giving reasonable notice and tie that responsibility to an internal change management process.

Engage early with the Agriculture Department

• Because the instrument places advance notice requirements for procedural or facility changes that may affect biosecurity risks, operational changes that could have biosecurity implications should be discussed with the Agriculture Department early in the planning cycle. Provide the department with the information contemplated by s 9(5)(a)-(e) so that the department can consider mitigation or inspection needs.

Operational checklists for arrivals and unloadings

• For masters/persons in charge of vessels:
  • Confirm vessel classification against s 7 and identify the appropriate BEP berth for arrival.
  • If goods to be unloaded fall into s 8 categories, ensure arrangements are in place to move the goods to the appropriate BEP as soon as practicable after arrival (note to s 8).
  • Coordinate with port operators, stevedores and the Agriculture Department to ensure berth availability and any biosecurity official attendance.
• For cargo handlers/consignees:
  • Pre‑assess consignments against the instrument’s definitions (s 4).
  • Ensure unloading plans route goods to the BEP specified in s 8 where applicable.
  • Document any divergence and the rationale for it in case of later administrative review.

Recordkeeping and audits

• Because the instrument’s obligations are both spatial and administrative, maintain clear records of:
  • Notices given under s 9 and confirmations of receipt by the Agriculture Department.
  • Arrival reports that record time of arrival and berth used.
  • Cargo unloading logs showing movement to BEPs where applicable.
  • Change management records for procedural or facility changes that may affect biosecurity risk.

When in doubt, notify

• Given the instrument’s imprecise temporal standards and undefined phrases, a conservative approach is to provide written notice early and to seek confirmation or guidance from the Agriculture Department. The instrument places written notice obligations on owners/lessees and reasonable notice obligations on operational managers; ensuring timely written communication reduces the risk of being judged non‑compliant with those standards.