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

The instrument uses a small set of statutory concepts drawn from the Biosecurity Act 2015 and from the Regulation 2016. The central legal constructs and their operational meaning in this instrument are:

• First point of entry. Under the Biosecurity Act regime, a first point of entry is the initial port or airport where certain vessels or goods arriving in Australian territory must present for biosecurity control. This instrument declares Port of Devonport to be a first point of entry for specified vessels and specified goods (ss 5 and 6). The instrument explicitly confines which goods and vessels this designation covers. The instrument also relies on definitions in the Act, citing that several expressions are defined in s 9 of the Act (s 4 note).

• Biosecurity entry point. A biosecurity entry point is a specific location within a first point of entry where vessels or goods must be brought so biosecurity officials can perform functions or exercise powers under the Act. This determination identifies berth areas at Port of Devonport for particular classes of vessels and goods (ss 7 and 8). The instrument links the designated areas to the statutory obligations that require vessels and goods to be brought to biosecurity entry points "as soon as practicable" (notes to ss 7 and 8 referencing ss 246 and 147 of the Act).

• Classes of vessels and goods. The determination separates vessels into non‑commercial vessels and other vessels, and separates goods into baggage (with qualifications), inorganic bulk goods, and waste (s 4 definitions, ss 5, 6). The instrument defines "inorganic bulk goods" in the instrument itself as chemicals, ores, minerals or gases brought in bulk that do not contain animals, plants, organic compounds or microbes (s 4). It defines "waste" as goods subject to biosecurity control that are intended by the person in charge of the vessel to be disposed of (s 4). "Non-commercial vessel" is referenced as having the same meaning as in the Biosecurity Regulation 2016 (s 4).

• Notification and change management conditions. Part 4 places conditions on the instrument’s operation: the owner or lessee of the port, and a person or body carrying out operations at the port, have duties to notify the Agriculture Department of business entity changes and to give written reasonable notice of proposed operational changes that could affect biosecurity risk management at the port (s 9). The instrument lists the kinds of changes that attract the reasonable notice requirement, including procedural, facilities and information‑flow changes that affect biosecurity officials’ ability to perform their functions (s 9(5)(a)-(e)).

• Delegated instrument under the Act. The determination is an exercise of delegated power, made under subsection 229(1) of the Biosecurity Act 2015 (s 3). The instrument therefore operates as a subordinate instrument within the Act’s regulatory architecture and is aimed at implementing the Act’s mechanisms at a local port level.

These concepts interact in concrete ways. Designation of first point of entry status triggers statutory obligations for vessels and goods arriving at the port to present at the designated biosecurity entry points. The scope limitation to particular goods and classes of vessels restricts the Act's first point of entry processes to the categories listed. The notification conditions create an ongoing communication duty between port operators and the Agriculture Department when business operators or procedures change in ways identified as relevant to biosecurity risk management.

The instrument names and thereby affects a specific set of actors and activities at Port of Devonport. The direct legal effects fall on the following categories of persons and entities:

• Owners of Port of Devonport. Section 9(2) imposes a written notification duty on the owner, or on an owner where there are multiple owners, to advise the Agriculture Department in writing as soon as practicable if they become aware of a change to the business entity operating the port or a biosecurity entry point. That places an ongoing administrative duty on whatever legal person is the owner at the relevant time.

• Lessees of Port of Devonport. Section 9(3) places the same written notification duty on any lessee, or where there are multiple lessees, on a lessee, mirroring the duty that applies to owners. Both owner and lessee duties are expressed independently which means both categories must have compliant internal processes.

• Persons or bodies responsible for carrying out operations at Port of Devonport. Section 9(4) requires that if such a person or body proposes a change described in s 9(5), they must give the Agriculture Department reasonable written notice of the proposed change. That covers terminal operators, stevedores, port services companies and other operational contractors who have authority over port procedures and facilities.

• Masters and persons in charge of vessels. By designating Port of Devonport as a first point of entry for vessels other than non‑commercial vessels (s 5), vessel masters and operators of those vessels must present at the port and bring the vessel to a designated biosecurity entry point as soon as practicable once it has arrived (note to s 7 referencing s 246 of the Act). The instrument’s allocation of berths to particular vessel classes will affect berthing instructions and vessel movement within the port.

• Carriers and owners of specified goods. For goods covered by the determination , baggage on certain vessels, inorganic bulk goods, and waste , the instrument designates specific berth areas as biosecurity entry points (s 8). Where goods are unloaded from a vessel at Port of Devonport, those goods must be brought to a designated biosecurity entry point as soon as practicable (note to s 8 referencing s 147 of the Act). That affects importers, cargo operators and logistic providers handling those goods.

• Biosecurity officials and human biosecurity officers. The instrument contemplates their operational functions at the port by designating entry points and by identifying changes to facilities or procedures that could affect their ability to perform functions or exercise powers under the Act (s 9(5)(b) and (c)). Their operational practice will be directly influenced by which berths are designated and by any notifications of procedural or facilities changes.

• Passenger vessel operators and non‑commercial vessel operators. The instrument explicitly excludes non‑commercial vessels from the Port of Devonport first point of entry designation for vessels (s 5). Passenger vessels are excluded from the baggage goods classification (s 6(a)). Those exclusions mean different statutory handling applies to those vessel classes; the instrument therefore indirectly affects their routing and obligations, but does not assign first point of entry or specific biosecurity entry point duties for them at Port of Devonport.

• The Agriculture Department. The instrument imposes written notice and reasonable notice obligations on port owners, lessees and operators, which creates a record keeping and reception function for the Agriculture Department. The Department will be the recipient of notifications and the agency expected to act, or ask for further information, following receipt.

In short, the instrument reshapes how vessel operators, cargo handlers and port operators must present vessels and goods for biosecurity control at Port of Devonport, and it formalises notification streams from port stakeholders to the Agriculture Department about changes that may affect biosecurity risk management. Responsibilities fall principally on owners, lessees, operators and those in charge of vessels or cargo, with biosecurity officials as the operational enforcers under the Act.

The determination creates several express duties, and it interacts with statutory duties in the Biosecurity Act 2015. It does not however create express private rights or detailed operational entitlements beyond its designations and notification conditions.

Express duties created or clarified in the instrument

• Duty to present vessels to designated biosecurity entry points. By designating specific berth areas as the biosecurity entry points for particular classes of vessels, the instrument invokes the Act’s requirement that a vessel that has arrived at Port of Devonport must be brought to a biosecurity entry point as soon as practicable (s 7 and the note referencing s 246 of the Act). The duty is framed as an operational obligation on those responsible for vessel movements. The instrument itself does not restate s 246, but references it in the explanatory note. Practically, masters and vessel operators must arrange to move to the listed berths.

• Duty to present certain goods to designated biosecurity entry points. Section 8 designates particular berths as biosecurity entry points for inorganic bulk goods and waste. The instrument’s note to s 8 references the Act’s s 147 obligation that goods unloaded from a vessel must be brought to a biosecurity entry point as soon as practicable. That duty therefore applies to goods handlers and unload teams for the listed goods classes.

• Written notification duty on owners and lessees. Where an owner or lessee becomes aware that there has been, or will be, a change to the business entity operating the port or a biosecurity entry point, that owner or lessee must give written notice to the Agriculture Department as soon as practicable (s 9(2) and (3)). That is a continuing, event‑triggered administrative duty.

• Reasonable notice duty for proposed operational changes. Section 9(4) requires a person or body responsible for carrying out operations at Port of Devonport to give reasonable written notice of proposed changes listed in s 9(5) to the Agriculture Department before making those changes. The instrument specifies the scope of changes covered, including procedural changes for biosecurity measures, facilities or amenities for officials, identification and reporting procedures for biosecurity risks, and any other factors affecting biosecurity risk levels (s 9(5)(a)-(e)).

Procedural form and standards

• Form of notice. All notices must be in writing, as required by ss 9(2)-(4). The instrument does not prescribe a form, content checklist, recipient address, timeframe beyond “as soon as practicable” or a fixed minimum for “reasonable notice”. Those standards are left to operational interpretation or to the Agriculture Department’s subsequent guidance.

Rights and entitlements apparent from the text

• Port designation enables biosecurity activity at specified berths. The designation of the berths as biosecurity entry points gives biosecurity officials a clear spatial locus within the port to carry out functions and powers under the Act. The instrument explicitly contemplates that facilities and amenities will be available for officials to perform functions and exercise powers at the port and requires notification of changes to those facilities (s 9(5)(b)). That can be read as an operational benefit to biosecurity enforcement and inspection planning.

• Scope limits for port users. By stating that Port of Devonport is a first point of entry only for certain goods and for vessels other than non‑commercial vessels (ss 5 and 6, Note 1), the instrument limits the circumstances in which persons must comply with the first point of entry processes at Devonport. Operators of goods or vessels outside the instrument’s classes will not have the same first point of entry duties at Devonport under this instrument.

What the instrument does not do

• It does not specify enforcement measures, sanctions or fees for non‑compliance. The instrument is silent on penalties and does not itself create new offences. Enforcement mechanisms remain those in the Biosecurity Act as referenced. The duties to notify and to present vessels and goods are expressed, but the instrument does not specify the consequences of failing to comply with the s 9 notice obligations.

• It does not prescribe operational detail such as how berthing is to be scheduled, which parties pay for on‑site facilities, or the standards for facilities and amenities for officials.

In sum, the determination imposes clear spatial and procedural duties for listed vessel classes and goods, and creates continuing administrative notice obligations on owners, lessees and operators, while leaving detailed operational standards, timing and enforcement mechanisms to the underlying Act and to departmental processes.

The determination itself does not set out penalties, monetary fines, or direct enforcement steps. It functions as a subordinate instrument that triggers obligations and operational actions under the Biosecurity Act 2015. The statutory enforcement regime, including powers, offences and penalties, is located in the Act and other subordinate instruments rather than in this determination. The instrument points readers to the Act for related duties and the practical legal consequences of failing to comply with statutory obligations (see notes to ss 7 and 8 referencing ss 246 and 147 of the Act, and s 3 which cites s 229(1) of the Act as the source of authority).

What the instrument does indicate about enforcement mechanisms

• Operational locus for biosecurity officials. By designating specific berth areas as biosecurity entry points and by referring to the need for facilities and amenities for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act (s 9(5)(b)), the instrument anticipates the exercise of statutory powers by those officials at the indicated locations. That anticipates inspection, testing, detention, seizure or other operational steps that biosecurity officials may perform under the Act, although this instrument does not list those powers.

• Interaction with Act obligations to bring vessels and goods to entry points. The instrument references the Act in the notes accompanying ss 7 and 8, stating that a vessel that has arrived must be brought to a biosecurity entry point as soon as practicable (note to s 7 referencing s 246) and that goods unloaded must be brought to a biosecurity entry point as soon as practicable (note to s 8 referencing s 147). Those Act provisions typically carry enforcement consequences within the Act’s framework. The determination creates the spatial obligations and thereby links vessel and goods movements to the Act’s enforcement architecture.

• Notification obligations enabling regulatory oversight. Section 9 requires owners, lessees and operators to notify the Agriculture Department in writing about changes to business entities, procedures, and facilities affecting biosecurity risk management, and to provide reasonable notice of proposed operational changes. While the instrument does not specify sanctions for failing to notify, non‑compliance with notification duties could lead to regulatory follow up by the Agriculture Department under its statutory powers, including potential use of compliance, monitoring or enforcement processes found in the Act.

Limitations and gaps in enforcement detail

• No new offences or penalties set in the instrument. The determination does not create or specify offences, administrative penalties, enforcement processes, or appeal mechanisms. Those remain governed by the Biosecurity Act and its regulations.

• Unspecified standards for “as soon as practicable” and “reasonable notice”. The instrument uses these time standards without defining them (ss 7, 8 notes and s 9(4)). Enforcement of these duties, should it arise, will require interpretation against the Act, departmental guidance or administrative decisionmaking. The absence of timeframes creates compliance and enforcement ambiguity that may require further departmental clarification or adjudication under the Act.

Practical enforcement implication

• In practice, compliance and enforcement will be carried out by biosecurity officials using the Act’s powers at the berths and areas specified. Port owners, lessees and operators should treat the designation and the notification duties as operational compliance requirements because they determine where and how biosecurity officials will locate themselves and exercise functions, and because the Act’s enforcement mechanisms are the ultimate recourse for breaches of statutory biosecurity obligations.

In short, the determination defines where and for whom statutory biosecurity powers will be exercised at Port of Devonport, and it creates notification duties that facilitate enforcement and oversight. It does not itself contain penalty clauses or a detailed enforcement protocol.

This determination is expressly made under the Biosecurity Act 2015 and it references other provisions of that Act and a subordinate regulation. The instrument therefore must be read in the context of the Act and the Biosecurity Regulation 2016. The primary interaction points in the text are as follows:

• Authority and source instrument. The instrument is made under subsection 229(1) of the Biosecurity Act 2015 (s 3). That subsection is the delegated legislative power enabling the Director of Biosecurity, or their delegate, to make determinations such as this one.

• Definitions drawn from the Act. The instrument notes that a number of expressions are defined in section 9 of the Act (s 4 note). It expressly uses the Act’s definitions for vessel and goods as defined by the Act (s 4). Where the instrument supplies a bespoke definition, for example for "inorganic bulk goods" or "waste", those definitions operate to limit the instrument’s scope within the Act’s framework (s 4).

• Cross‑references to statutory duties in the Act. The instrument’s notes advise readers to other Act provisions: sections 173 and 174 of the Act dealing with prohibited goods and conditionally non‑prohibited goods are flagged as relevant to whether particular goods may be brought into a particular first point of entry (note to s 6). The notes to ss 7 and 8 explicitly reference sections 246 and 147 of the Act respectively in relation to moving vessels and goods to biosecurity entry points "as soon as practicable". These references mean the determination is a local implementation step that operates within the substantive prohibitions, conditional permissions and operational duties in the Act.

• Interaction with the Biosecurity Regulation 2016. The instrument treats the term "non‑commercial vessel" as having the same meaning as in the Biosecurity Regulation 2016 (s 4). That reference integrates the instrument with the regulatory lexicon and ensures that the exclusion for non‑commercial vessels aligns with the regulation’s definition.

• Administrative and operational interface with departmental functions. Section 9 requires written notice to the Agriculture Department of changes affecting the port, and contemplates the role of biosecurity officials and human biosecurity officers who carry out functions or exercise powers under the Act at the port (s 9(5)(b)). That creates an administrative interface between port operators and the department, and positions the Department as the coordinating body for queries, approvals or follow up under the Act.

• Limits on jurisdictional reach. The instrument’s express limitation that Port of Devonport is not a first point of entry for goods beyond those listed (s 6 Note 1) interacts with the Act by narrowing the class of arrivals subject to first point of entry processes at Devonport. That means obligations in the Act that are tied to first point of entry status will only apply to the classes specified in this instrument.

Implications of these interactions

• The instrument functions as a procedural implementation of the Act at a local port level. It does not alter the substantive prohibitions or powers in the Act but directs where those powers will be exercised within Port of Devonport for particular vessel and goods classes.

• Where the instrument is silent or uses open time standards such as “as soon as practicable” or “reasonable notice”, the Act, departmental guidance and administrative practice will supply the operative standards and enforcement approach.

• The regulation reference anchors the instrument’s exclusions to the definitions in the Biosecurity Regulation 2016, ensuring consistent classification of vessel types across instruments.

In sum, the determination is a territorial and locational implementation measure that must be interpreted and applied together with the Biosecurity Act 2015 and the Biosecurity Regulation 2016.

The instrument includes a commencement table in s 2 that indicates the whole instrument commenced on 16 June 2019. The instrument text contains an internal note linked to the commencement table which states that the table relates only to the provisions of the instrument as originally made and will not be amended to deal with later amendments of the instrument (s 2 note). The instrument’s header records the date of making as 7 June 2019 and the commencement date as 16 June 2019.

What the instrument records about amendments

• Original making and commencement. The instrument was made by Dean Merrilees as delegate of the Director of Biosecurity and dated 7 June 2019. Section 2 records commencement on 16 June 2019.

• No further amendment text included. The version of the instrument provided contains no subsequent amendment provisions, schedules or modification entries. The instrument’s own note in s 2 explains that the commencement table is not a living amendment log and will not be updated within the instrument itself to reflect future amendments.

How to interpret the absence of amendment entries

• The instrument as provided should be treated as the original instrument and not as one containing later amendments. The instrument’s structure and notes anticipate that later amended versions may be published elsewhere, but the instrument text itself contains no amendment history.

• For authoritative amendment history, practitioners will need to consult the government’s legislative database or registers where instruments are updated and consolidated. The instrument itself does not contain that consolidated amendment trail.

Practical effect for compliance and legal research

• Users of the instrument must ensure they consult current consolidated sources or the Agriculture Department for any later changes to the designation, to berth assignments, or to the notification conditions, because the instrument’s internal text does not record subsequent amendments.

• The instrument’s commencement date is clear, and its original formulation is self‑contained in the provided text. Any change after that date is not recorded in the instrument as given here.

In short, this determination was made on 7 June 2019 and commenced on 16 June 2019, and the text provided contains no embedded amendment history beyond that original commencement information.

The instrument’s text does not provide or reference any cases, judicial decisions or litigation arising from this determination. It contains no section reporting judicial review, disputes or appeals. The only statutory references in the instrument are to provisions of the Biosecurity Act 2015 and to the Biosecurity Regulation 2016 for the definition of non‑commercial vessel.

Implications for practitioners seeking litigation history

• The absence of litigation references in the instrument is not a finding that no litigation ever occurred. It is a statement that the instrument itself does not include or summarise any litigation. To identify any litigation that has engaged this determination, practitioners would need to search court databases, administrative tribunal records and public law reports for disputes involving the Port of Devonport, this specific determination, or the Biosecurity Act’s application at Devonport.

• The instrument’s references to particular Act provisions that impose duties on vessel masters and goods handlers, such as ss 147 and 246 of the Act, are operative when port users fail to comply. Any enforcement action or contest about compliance would be in the Act’s enforcement and review pathways, not contained in this subordinate instrument.

Advice for researchers

• Because subordinate instruments often generate disputes about procedural fairness, interpretation of open standards such as “as soon as practicable” and “reasonable notice”, or the scope of delegated powers, potential litigation would most likely focus on those interpretive issues and their application to specific factual scenarios at the port. None of those disputes are referenced in the instrument text, and so independent legal research should be undertaken to discover any reported proceedings.

• Practitioners who require up to date litigation history should consult primary sources such as court registries and the Agriculture Department’s administrative records for any notices, directions or enforcement actions linked to the Port of Devonport determination.

In summary, the instrument contains no litigation history within its text. Any litigation relating to its application will need to be identified through external judicial and administrative records.

The instrument is short and precise, but it contains several operational features and textual lacunae that can create practical uncertainty for port operators, vessel operators and logistics providers. The following are concrete gotchas to watch for, grounded in the instrument’s language.

Limited scope of first point of entry designation

• Narrow goods coverage. Section 6 designates Port of Devonport as a first point of entry only for baggage carried on a vessel other than a non‑commercial vessel or a passenger vessel, inorganic bulk goods, and waste. The instrument’s Note 1 stresses that Devonport is not a first point of entry for any other goods. Practitioners may assume broader coverage; they must check the specific goods categories in s 6. Misclassification of goods can lead to missed notification or presentation obligations under the Act.

• Vessel exclusions. Section 5 excludes non‑commercial vessels from the Port’s first point of entry designation. The instrument refers to the Biosecurity Regulation 2016 for the meaning of “non‑commercial vessel” (s 4). Users must confirm vessel classification against the regulation because the consequences for presentation and inspection differ by class.

Ambiguity in time standards

• “As soon as practicable” and “reasonable notice”. The instrument relies on the Act’s “as soon as practicable” wording in the notes to ss 7 and 8 and uses “reasonable notice” in s 9(4). Those are flexible standards that will require factual interpretation. There is no departmentally published threshold or timetable in the instrument. Port operators and ship masters must form operational practices to meet these standards and should seek clarification from the Agriculture Department to avoid dispute.

Notification duties trigger at different thresholds

• Owner and lessee duties are event triggered, operator duties are for proposed changes. Sections 9(2) and 9(3) require owners and lessees to notify the Department as soon as practicable after becoming aware that a business entity change has occurred or will occur. Section 9(4) requires a person or body responsible for operations to give reasonable notice of proposed changes in procedures or facilities. The different triggering points mean owners and lessees must notify on the knowledge of change, while operators must proactively notify when proposing certain operational changes. Confusion about who exactly counts as the “person or body responsible for carrying out operations” may lead to duplicated notices or missed notices.

Undefined terms and cross‑instrument reliance

• Undefined operational terms. The instrument uses concepts such as “procedures for biosecurity measures,” “facilities or amenities” for officials, and “factors that may contribute to the level of biosecurity risk” in s 9(5), but does not define these. That leaves the scope of the notice duty open to interpretation.

• Reliance on other instruments for definitions. The instrument depends on the Biosecurity Act and the Biosecurity Regulation 2016 for certain definitions and for the substance of some obligations (s 4 note, s 3). Practitioners must check those instruments to understand the full suite of duties and definitions. Assuming plain English meanings without cross‑reference can be risky.

Operational constraints at the berth level

• Designated berths for specific classes. The instrument restricts biosecurity entry points for vessels and goods to specific berths (ss 7 and 8). That may create scheduling, cargo handling and berthing conflicts if multiple vessels seeking the same berth arrive concurrently. The instrument does not address berth allocation protocol, cost of berth usage, or dispute resolution among users.

Lack of specified remedies for failure to notify

• No explicit sanction for failing to provide written notice. Sections 9(2)-(4) impose duties to notify in writing but do not specify administrative sanctions, fines or consequences for failing to provide such notices. Practitioners may be uncertain about the legal consequence of missing notifications, and whether remedial action by the Department, administrative directions, or enforcement under other Act provisions will follow.

Potential for informational burden without reciprocal detail

• Departmental expectations not set out. The instrument requires notices to the Agriculture Department but provides no address, contact point, record format, or processing timeframe. Without administrative guidance, owners, lessees and operators may expend effort producing notices that are not fit for departmental requirements or may delay notification awaiting guidance that is not provided.

Overlap with other ports and logistics choices

• Unintended routing changes. Because the instrument limits first point of entry coverage to particular goods and excludes others, shippers may re‑route cargo or choose alternative ports to avoid first point of entry requirements at Devonport. The instrument does not address how goods transhipped or transloaded at Devonport are to be handled when they are not covered by the determination.

In sum, the primary practical gotchas are narrow scope, time standard ambiguity, undefined operational terms, berth allocation friction, and the lack of specified procedural detail for notifications. Each of these can be managed, but they require active engagement with the Agriculture Department and careful internal procedures by port owners, lessees and operators.

Compliance with this determination requires port owners, lessees, operators, vessel masters and cargo handlers to adjust procedures, communications and operational planning to the spatial and notification requirements set out in the instrument. The obligations in the instrument are straightforward in text. The practical steps below map those textual duties to compliance actions and records that would help demonstrate good faith compliance.

1. Identify relevant vessel and goods classes at time of arrival

• For each arriving vessel, determine whether it is a non‑commercial vessel as defined in the Biosecurity Regulation 2016. If it is not a non‑commercial vessel, treat it as falling within the Port of Devonport first point of entry designation for vessels (s 5).

• For cargo arriving at Devonport, classify goods against the instrument’s categories in s 6. Confirm whether goods are baggage carried on a vessel other than a non‑commercial vessel or a passenger vessel, inorganic bulk goods, or waste. Use the instrument’s definition of inorganic bulk goods (s 4) and waste (s 4) to ensure correct categorisation.

2. Bring vessels and goods to designated biosecurity entry points

• For vessels covered by the instrument, bring the vessel to the designated berth as soon as practicable after arrival. The berths allocated for vessels are set out in s 7. Coordinate with port scheduling to ensure availability at the specified berths.

• For inorganic bulk goods and waste unloaded from vessels, ensure those goods are taken to one of the designated berths Nos. 1, 3, 4 or 5 Berth West as soon as practicable (s 8). For baggage covered by s 6(a), ensure the baggage is brought to the relevant biosecurity entry point as required.

3. Establish written notification procedures for owners and lessees

• Owners and lessees must give written notice to the Agriculture Department as soon as practicable after becoming aware of a change to the business entity operating the port or a biosecurity entry point (s 9(2)-(3)). Implement an internal reporting trigger so that any corporate change, assigned operator change or change in control is escalated to a designated official responsible for sending the notice. Keep records of dates of awareness, dates of notices sent and copies of notices.

• Because the instrument uses “as soon as practicable,” document reasons for any delay between awareness and notification, and retain copies of contemporaneous internal communications establishing when awareness occurred.

4. Provide reasonable notice for proposed operational changes

• If you are a person or body responsible for carrying out operations at Port of Devonport, and you propose changes in procedures, facilities, or anything listed at s 9(5), prepare a written notice to the Agriculture Department giving reasonable notice before implementing the change (s 9(4)). The instrument lists concrete types of changes that require notice, including procedural changes for biosecurity measures, changes to facilities or amenities for biosecurity officials, changes affecting the ability to identify biosecurity risks, and changes to procedures for informing officials of identified risks (s 9(5)(a)-(e)).

• Since “reasonable notice” is not defined, consult with the Agriculture Department on expected lead times for particular classes of change, and keep records of department responses or acknowledgements. If no departmental guidance is provided, adopt conservative notice periods and document those choices.

5. Prepare facilities and amenities for biosecurity officials

• The instrument anticipates facilities or amenities at designated biosecurity entry points for officials to perform functions or exercise powers under the Act (s 9(5)(b)). Ensure the port has reasonable facilities for inspection, sampling and access, and document availability. Engage with the Agriculture Department to confirm if specific facility standards are expected.

6. Coordinate berth allocation and operational scheduling

• The instrument designates specific berths for specific vessel and goods classes (ss 7 and 8). Port operators should integrate the determined berth assignments into berth management systems, and create contingency plans for simultaneous arrivals. Ensure communications protocols with vessel masters and agents reflect the requirement to present at designated berths.

7. Maintain documentation and records

• Keep written records of all notices sent to the Agriculture Department, all internal decisions about vessel and goods classification, and logs showing the movement of vessels and goods to designated biosecurity entry points. The instrument’s reliance on the Act’s “as soon as practicable” and “reasonable notice” standards makes contemporaneous records valuable evidence of compliance.

8. Seek departmental clarification where necessary

• For ambiguous items in the instrument, such as the required content of notifications, the expected lead time for “reasonable notice”, or facilities standards, seek written clarification from the Agriculture Department and retain responses. A documented clarification will reduce the risk of divergent compliance expectations.

9. Train staff and update contracts

• Update operational manuals, standard operating procedures and contracts with stevedores or terminal operators to reflect the designated berths and notification duties. Train masters, port agents, cargo handlers and commercial teams to recognise the classes of goods and vessels covered by the determination.

10. Monitor for and report changes in business entities or operational responsibility

• Implement governance measures to ensure that changes in ownership, lease arrangements, or operational responsibility trigger the notification obligations in s 9(2)-(4). Assign responsibility to a senior officer for ensuring notices are issued promptly and retained.

By following these concrete steps aligned to the instrument’s text, port owners, lessees and operators can demonstrate an organised approach to compliance. The key documentary pillars will be written notices to the Agriculture Department, records showing that vessels and goods were moved to specified berths, and documented procedures that incorporate the determination’s berth allocations and notification triggers.