This is the Biosecurity (First Point of Entry—Port of Esperance) Determination 2019.
3 Authority
This instrument is made under subsection 229(1) of the Biosecurity Act 2015.
4 Definitions
Note: A number of expressions used in this instrument are defined in section 9 of the Act.
In this instrument:
Act means the Biosecurity Act 2015.
freight container means a re‑usable container:
(a) that is designed to be used to transport goods by one or more modes of transport; and
(b) that can be transferred from one mode of transport to another without unloading the goods from the container; and
(c) that is known as a 20‑foot‑long container or a 40‑foot‑long container.
general goods means goods (as defined by section 19 of the Act) other than baggage, freight containers, live horses or waste.
goods means goods (as defined by section 19 of the Act):
(a) that are subject to biosecurity control; or
(b) in relation to which an exposed goods order is in force.
inorganic bulk goods means chemicals, ores, minerals or gases that:
(a) are brought or imported into Australian territory in bulk; and
(b) do not contain animals, plants, organic compounds or microbes.
non‑commercial vessel has the same meaning as in the Biosecurity Regulation 2016.
vessel means a vessel (as defined by section 9 of the Act) that is subject to biosecurity control.
waste means goods (as defined by section 19 of the Act):
(a) that are subject to biosecurity control; and
(b) that are intended, by the person in charge of the vessel on which the goods are carried, to be disposed of.
Part 2—First point of entry
5 First point of entry—vessels
Port of Esperance is a first point of entry for vessels other than non‑commercial vessels.
6 First point of entry—goods
Port of Esperance is a first point of entry for the following:
(a) baggage carried on a vessel other than a non‑commercial vessel or a passenger vessel;
(aa) freight containers;
(b) general goods;
(c) inorganic bulk goods;
(d) waste.
Part Part 1 - Biosecurity (First Point of Entry—Port of Esperance) Determination 2019 - Preliminary | Zoe
Note 1: Port of Esperance is not a first point of entry for any other goods.
Note 2: For other matters relating to whether particular goods may be brought into a particular first point of entry, see sections 173 and 174 of the Act (which deal with prohibited goods and conditionally non‑prohibited goods) and any determinations made under those sections.
Part 3—Biosecurity entry points
7 Biosecurity entry points—vessels
Each area of Port of Esperance specified in column 2 of an item of the following table is designated as a biosecurity entry point for a vessel, or a vessel included in a class of vessels, specified in column 1 of the item.
Note: A vessel that has arrived at Port of Esperance must be brought to a biosecurity entry point for the vessel at that port as soon as practicable (see section 246 of the Act).
8 Biosecurity entry points—goods
Each area of Port of Esperance specified in column 2 of an item of the following table is designated as a biosecurity entry point for goods, or goods included in a class of goods, specified in column 1 of the item.
Note: If a vessel has arrived at Port of Esperance and is carrying goods that are to be unloaded from the vessel, those goods must be brought to a biosecurity entry point for those goods as soon as practicable (see section 147 of the Act).
Part 4—Conditions
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.