Biosecurity (First Point of Entry—Port of Esperance) Determination 2019
9Conditions—notifying Agriculture Department of changes
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9 Conditions—notifying Agriculture Department of changes
(1) The determination of Port of Esperance as a first point of entry by this instrument is subject to the conditions in this section. (2) If the owner (or, if there is more than one owner, an owner) of Port of Esperance becomes aware that there has been, or will be, a change to the business entity operating: (a) Port of Esperance; or (b) a biosecurity entry point at Port of Esperance; the owner (or, if there is more than one owner, an owner) must give the Agriculture Department, in writing, notice of the change as soon as practicable after becoming aware that the change has occurred or will occur. (3) If the lessee (if any) (or, if there is more than one lessee, a lessee) of Port of Esperance becomes aware that there has been, or will be, a change to the business entity operating: (a) Port of Esperance; or (b) a biosecurity entry point at Port of Esperance; the lessee (or, if there is more than one lessee, a lessee) must give the Agriculture Department, in writing, notice of the change as soon as practicable after becoming aware that the change has occurred or will occur. (4) If a person or body that is responsible for carrying out operations at Port of Esperance proposes to make a change referred to in subsection (5), the person or body must give the Agriculture Department, in writing, reasonable notice of the proposed change. (5) For the purposes of subsection (4), the changes are as follows: (a) a change to the procedures at Port of Esperance providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Esperance; (b) a change to the facilities or amenities available at Port of Esperance for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Esperance; (c) a change to the procedures at Port of Esperance that may affect the ability of a person who carries out operations at Port of Esperance to identify biosecurity risks associated with those operations; (d) a change to the procedures at Port of Esperance that may affect the ability for biosecurity officials or human biosecurity officials to be informed of any identified biosecurity risks associated with operations carried out at Port of Esperance; (e) a change to the procedures at Port of Esperance for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Esperance.