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

This instrument rests on a small set of concepts, mostly defined or referenced in the instrument itself and in the Biosecurity Act 2015 and the Biosecurity Regulation 2016. The principal terms and how they operate in this instrument are as follows.

First point of entry: The instrument designates the port as a “first point of entry” for particular vessels and goods (ss 5-6). The instrument does not restate the Act’s definition or consequences of that designation, but refers by note to other Act provisions that govern the consequences (s 6, notes referencing ss 173-174; s 7 note referencing s 246; s 8 note referencing s 147). In practice under the Act, designation as a first point of entry means national biosecurity entry rules attach to arrivals of the classes listed in the instrument; the instrument creates the local trigger points that importers, masters and port operators must observe.

Biosecurity entry point: The instrument distinguishes between a port being a first point of entry and particular locations within that port being biosecurity entry points. Sections 7 and 8 provide tabular designations naming the berth/area and tying them to particular vessel classes (s 7) or classes of goods (s 8). The instrument explicitly instructs that a vessel arriving at Port of Port Lincoln must be brought to a biosecurity entry point for that vessel at that port “as soon as practicable” (note to s 7, which cites s 246 of the Act), and that goods of the specified classes to be unloaded must be brought to the designated biosecurity entry points “as soon as practicable” (note to s 8, citing s 147 of the Act).

Goods and goods categories: The instrument defines “goods” by reference to s 19 of the Act (s 4) and then identifies particular subclasses: “inorganic bulk goods” and “waste”. The instrument’s definition of inorganic bulk goods is mechanical: chemicals, ores, minerals or gases that are brought or imported in bulk and do not contain animals, plants, organic compounds or microbes (s 4). The definition therefore excludes bulk consignments that include organic compounds or biological material. “Waste” is defined as goods that are subject to biosecurity control and that are intended by the person in charge of the vessel to be disposed of (s 4). That makes the category dependent on two facts: the goods must be biosecurity‑controlled and the person in charge must intend disposal.

Vessel classes and exclusions: The instrument uses the concept “non‑commercial vessel” (a defined term in the Biosecurity Regulation 2016) and also uses the class “passenger vessel” (drawing on the Act’s definitions). The tables in ss 7 and 8 make designations for vessels that exclude non‑commercial vessels and, in one case, exclude both non‑commercial and passenger vessels. This means the entitlements and obligations associated with the designated biosecurity entry points apply only to the stated classes of vessel.

Delegated instrument and authority: The instrument records that it is made under subsection 229(1) of the Biosecurity Act 2015 (s 3) and is signed by an Assistant Secretary as delegate of the Director of Biosecurity. That locates decision‑making in the statutory delegated administrative power to make determinations under the Act.

Procedural conditions and notice obligations: Section 9 contains the instrument’s conditions. These are not technical biosecurity procedures but governance obligations aimed at keeping the Agriculture Department informed about changes to the port operator or to procedures, facilities or amenities that might affect biosecurity risk management. The section distinguishes between owners, lessees and a person or body responsible for carrying out operations and prescribes different timing obligations: “as soon as practicable” notice where an owner or lessee becomes aware of a change (ss 9(2)-(3)); and “reasonable notice of the proposed change” where a person or body proposes to make certain specified changes (ss 9(4)-(5)).

Reference points to the Act and Regulation: The instrument repeatedly cross‑references the Biosecurity Act (definitions in s 9 of the Act, prohibited goods and conditionally non‑prohibited goods in ss 173-174, unloading obligations in s 147, vessel disposition in s 246) and relies on the Biosecurity Regulation 2016 for the meaning of “non‑commercial vessel” (s 4). Those cross‑references mean that the instrument functions as a port‑specific application of the national biosecurity framework.

Operational triggers: Two operational triggers flow from the instrument’s structure. One is the arrival of a relevant vessel at Port of Port Lincoln, which must be brought to the port’s designated biosecurity entry point “as soon as practicable” (note to s 7). The other is the unloading of inorganic bulk goods or waste from an arriving vessel, which must be brought to designated biosecurity areas when those goods are to be unloaded (note to s 8). The instrument explicitly notes that it does not designate biosecurity entry points for other goods for which the port is a first point of entry, so s 147 will not apply to the unloading of those other goods (s 8, Note 2).

The instrument assigns duties and creates operational points that affect a discrete set of actors; the text itself identifies the relevant parties. The primary affected parties are:

• Owners of Port of Port Lincoln: Section 9(2) requires that an owner, or where there are multiple owners an owner, give written notice to the Agriculture Department 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.

• Lessees of the port (if any): Section 9(3) places an equivalent “as soon as practicable” written notice obligation on a lessee, or where there are multiple lessees a lessee, on becoming aware of a change to the business entity operating the port or a biosecurity entry point.

• Persons or bodies responsible for carrying out operations at the port: Section 9(4) and (5) require a person or body proposing to make specified operational changes to give the Agriculture Department reasonable notice of the proposed change. Section 9(5) enumerates the kinds of changes that trigger the notice requirement, including changes to procedures for biosecurity measures, facilities or amenities for officials, or procedures affecting the identification or communication of biosecurity risks.

• Masters and persons in charge of vessels: By operation of the port and entry point designations (ss 5-8 and accompanying notes), masters or persons in charge of vessels arriving at Port of Port Lincoln who command vessels that fall within the indicated classes will be affected. The instrument notes that a vessel that has arrived at Port of Port Lincoln must be brought to a biosecurity entry point for the vessel at that port as soon as practicable, referencing s 246 of the Act (note to s 7). The person in charge of a vessel also determines whether goods are “waste” for the purpose of the instrument’s definition (s 4).

• Ship operators, importers and logistics providers: The designation of the port as a first point of entry for specific goods (s 6) and of particular berths as biosecurity entry points for goods (s 8) affects operators who bring inorganic bulk goods, baggage on certain commercial vessels, and waste to Port Lincoln. They must handle those goods at the designated berths if being unloaded, and must plan logistics accordingly.

• Port operations staff and the port business entity: Staff managing berths identified in ss 7-8 will need to coordinate vessel movements to the specified biosecurity entry points and ensure the facilities and procedures align with the notice obligations and the practical needs of biosecurity officials.

• Biosecurity officials and human biosecurity officers: The instrument designates areas within the port as biosecurity entry points and creates a procedural obligation on port owners, lessees and operators to inform the Agriculture Department of changes affecting the ability of biosecurity officials to perform functions or exercise powers under the Act (s 9(5)(b)-(d)). That implicates how and where officials can access vessels and goods.

• Entities bringing goods into Australian territory by sea: The instrument’s definition of “inorganic bulk goods” and “waste” and the port‑specific designations will affect those who import or carry such consignments into the port and therefore implicate decisions about berthing, unloading and disposal.

• The Department of Agriculture: The Department is the recipient of the written notices required by s 9 and the administrative actor charged with oversight arising from the designation (s 3 records the instrument’s authority as a departmental delegate acting for the Director of Biosecurity).

Other affected parties can be inferred from the instrument’s cross‑references to the Act and Regulation. For example, because “non‑commercial vessel” is a term defined in the Biosecurity Regulation 2016 (s 4), the classification of a vessel as commercial or non‑commercial under that Regulation will determine whether the vessel falls within the instrument’s designated classes. The instrument’s notes reference ss 147 and 246 of the Act; those Act provisions (not reproduced in the instrument) will impose additional duties or technical steps on affected parties when the instrument’s triggers arise.

In short, the instrument primarily affects port owners and lessees, persons responsible for port operations, masters and operators of affected vessels, operators/importers of the specified classes of goods, and the Department of Agriculture and its biosecurity officers who will exercise the Act’s powers at the designated entry points.

The instrument sets out a compact set of duties and operational rights that flow from its designations and its conditions. All duties are rooted in the instrument’s specific provisions (ss 5-9) and in cross‑references to the Biosecurity Act 2015 cited in the instrument’s notes.

Designations and resulting procedural duties

• Vessel arrival handling: Because s 5 designates Port of Port Lincoln as a first point of entry for vessels other than non‑commercial vessels, masters and operators of those vessels will be subject to the Act’s requirements that attach to arrivals at a first point of entry. The instrument’s note to s 7 expressly states that a vessel that has arrived at Port of Port Lincoln must be brought to a biosecurity entry point for that vessel at that port “as soon as practicable” (s 7 note; the note cites s 246 of the Act). The duty to bring a vessel to the designated biosecurity entry point therefore follows from the designation and the Act’s unloading/arrival rules.

• Goods unloading handling: Where the instrument designates Port of Port Lincoln as a first point of entry for certain goods (s 6), and then designates specific biosecurity entry points for those goods (s 8), the instrument’s note to s 8 reminds readers that if an arriving vessel is carrying those goods and they are to be unloaded, those goods must be brought to the designated biosecurity entry point “as soon as practicable” (s 8 note; the note cites s 147 of the Act). The duty here is a logistical one: unloading of inorganic bulk goods or waste to the port must occur at the berths designated in s 8.

Notification and information duties

• Owners’ and lessees’ notice obligations: Section 9(2) and 9(3) impose a duty on owners and lessees respectively. If an owner (or where there are several owners, an owner) becomes aware that there has been, or will be, a change to the business entity operating the port or a biosecurity entry point at the port, the owner must give the Agriculture Department written notice “as soon as practicable” after becoming aware of the change (s 9(2)). The same duty applies to lessees (s 9(3)). The instrument uses the “as soon as practicable” timing standard, which creates a requirement to act promptly upon becoming aware of the relevant change.

• Persons or bodies proposing operational changes: Section 9(4) and (5) impose a prospective notice duty. A person or body responsible for carrying out operations at the port that proposes to make a specified kind of change must give the Agriculture Department “reasonable notice” of the proposed change (s 9(4)). Section 9(5) enumerates the changes that trigger this prospective notice obligation: changes to biosecurity procedures, changes to facilities or amenities for officials to perform functions under the Act, changes affecting the ability of persons to identify biosecurity risks at the port, changes affecting the ability of biosecurity officials to be informed of identified risks, and changes to procedures for managing other factors that may affect biosecurity risk (s 9(5)(a)-(e)).

Operational rights and entitlements

• Right to berth at designated biosecurity entry points: The instrument grants specific berths the status of biosecurity entry points for particular vessel classes and goods (ss 7-8). That designation, read together with the Act’s operational provisions, structures where affected vessels and goods must be brought for biosecurity processes. The instrument does not create a private right of exclusion in favour of port operators or private parties; rather, it prescribes which areas are to be used for the exercise of biosecurity functions at the port.

• Administrative oversight rights of the Agriculture Department: By imposing written notice obligations on owners, lessees and operators, the instrument grants the Agriculture Department an information stream and an opportunity to assess proposed changes before they are implemented. The instrument itself does not provide the Department with specific approval powers in relation to proposed changes, but it does create an expectation and procedural duty of notice.

Limits and dependencies

• Scope depends on Act and Regulation definitions: The duties that flow from the instrument depend on the Act’s definitions of vessel and goods and on the Biosecurity Regulation 2016 definition of non‑commercial vessel (s 4). Who must act, and when, depends on those external statutory definitions.

• Timing standards left generic: The instrument uses timing standards such as “as soon as practicable” and “reasonable notice” (s 9), which are standard administrative law formulations but intentionally leave precise timing flexible. That introduces a measure of administrative discretion in operationalisation.

• No standalone offence in the instrument: The instrument imposes duties, but it does not itself set out specific offences or fines. Enforcement, including any sanctions for non‑compliance with the instrument’s operational obligations, will be governed by the Act and its enforcement provisions (s 3).

In practice, the key duties are logistical and informational: bring affected vessels and specific goods to the identified biosecurity entry points promptly; and notify the Agriculture Department in writing when ownership/lessee/operator changes or when operational changes that affect biosecurity risk are proposed. Rights mainly follow from the designations: affected vessels and goods have prescribed entry points within the port for biosecurity processing, and the Agriculture Department gains notice and oversight channels to monitor changes to port operations.

The instrument itself does not set out explicit penalties or criminal offences. It is an administrative determination made under subsection 229(1) of the Biosecurity Act 2015 (s 3), and it operates within the enforcement framework of that Act. The instrument therefore relies on the Act for enforcement, compliance measures and any sanctions that may apply for non‑compliance with duties that flow from the port designations and the Act’s operational provisions. The text makes this relationship explicit by cross‑referencing the Act where operational consequences are relevant (for example, the notes to ss 7 and 8 citing ss 246 and 147 of the Act).

What the instrument does provide for enforcement and administrative oversight is procedural: it requires owners, lessees and persons or bodies responsible for port operations to notify the Agriculture Department in writing about certain changes (s 9). Those written notice obligations create a record and a point of contact for the Department. From an administrative perspective, written notice obligations are enforceable in practice through the Act’s compliance and enforcement tools, although the instrument does not enumerate those tools.

Concrete enforcement touchpoints in the instrument

• Operational control through entry point designations: Sections 7 and 8 designate the specific berths that are the authorised biosecurity entry points for vessels and for certain goods. Where the Act empowers biosecurity officers to direct vessel movements, require inspection, or control unloading at first points of entry, those statutory powers will be exercised at the designated locations in Port Lincoln. The instrument’s notes explicitly direct users to relevant Act sections that govern such conduct (s 7 note referencing s 246; s 8 note referencing s 147). Enforcement of movement or unloading obligations, therefore, will be exercised through the Act’s operational powers at the designated entry points.

• Departmental oversight via notice requirements: Section 9 establishes mandatory written notification channels to the Agriculture Department. These notifications can trigger Departmental inquiries, pre‑emptive interventions, or discussions between the port operator and the Department about mitigation measures. The instrument does not specify how the Department must respond to notice, the timeframes for response, or approval processes; it simply requires notice to be given.

Gaps and constraints in the instrument’s enforcement detail

• No penalty schedules in the instrument: The instrument contains no express penalties, infringement notices, or fine schedules. Any sanctions for failing to observe the instrument’s requirements will be those available under the Biosecurity Act 2015 and relevant subordinate instruments. The instrument’s silence means practitioners must consult the Act and the broader regulatory framework to identify specific offences, penalties, and enforcement procedures that may be applied.

• Flexible timing standards invite administrative judgment: The instrument uses “as soon as practicable” and “reasonable notice” as timing standards (s 9). Those standards provide enforcement discretion: administrators will assess timeliness and reasonableness case by case. That invites fact‑specific enforcement decisions under the Act rather than fixed‑term breaches.

• Delegated administrative making but not enforcement detail: The instrument is signed by an Assistant Secretary as a delegate of the Director of Biosecurity. That shows administrative decision‑making power to make determinations was delegated; however, the instrument does not set out the Department’s internal enforcement policy or the specific remedial steps available in the event of non‑compliance.

Practical implication for affected parties

• Consult the Biosecurity Act for enforcement specifics: Because the instrument sits within the statutory framework created by the Act, operators should consult the Act to determine the precise consequences of non‑compliance with the arrival, berthing and unloading requirements and to identify specific offences or civil liabilities. The instrument makes clear where the Act should be consulted (s 6 note; s 7 note; s 8 note).

• Treat the written notice obligations as enforceable administrative duties: Even though the instrument itself does not specify penalties, the written notice obligations in s 9 are expressed as mandatory duties and should be observed promptly. Non‑compliance with notice duties will expose the owner, lessee or operator to whatever compliance measures the Department is empowered to apply under the Act.

In sum, enforcement outcomes are not specified in the determination; the instrument creates duties and the Department’s oversight channels and relies on the Biosecurity Act 2015 for enforcement mechanisms and any sanctions.

This determination is a port‑specific application of the Biosecurity Act 2015 and it cross‑references both the Act and the Biosecurity Regulation 2016. The instrument’s text explicitly situates its effect within that statutory architecture (s 3, s 4 and several notes). The main interaction points are as follows.

Reference and dependence on definitions in the Act and Regulation

• Procedural reliance on Act definitions: Section 4 of the instrument states that a number of expressions used in the instrument are defined in section 9 of the Act, and it expressly defines particular terms by reference to provisions in the Act and the Biosecurity Regulation 2016. For example, “goods” is used as defined in s 19 of the Act (s 4). The instrument also relies on the definition of “vessel” in s 9 of the Act and on the Biosecurity Regulation 2016 for the meaning of “non‑commercial vessel” (s 4). This means that the instrument’s scope is co‑determined by those other instruments: a change in the Act’s definitions or in the regulation could change who is captured by this determination without amending the determination itself.

Operational cross‑references to the Act

• Unloading and arrival obligations under the Act: The instrument’s notes direct users to s 147 and s 246 of the Act in relation to the unloading of goods and the treatment of arriving vessels at biosecurity entry points (notes to ss 7-8). That indicates the instrument functions as a local, operational layer that plugs into the Act’s national operational provisions. The Act’s provisions on movement, inspection, seizure, detention, and compliance powers will therefore be engaged at the locations the determination identifies.

Interaction with prohibitions and exposed goods regimes

• Prohibited goods and conditionally non‑prohibited goods: The instrument points readers to ss 173 and 174 of the Act for matters relating to whether particular goods may be brought into a first point of entry (s 6, Note 2). That means the instrument does not itself determine whether a given consignment is prohibited or conditionally non‑prohibited; those determinations are governed by the Act. The port designation therefore affects the application and enforcement of those Act provisions at Port Lincoln.

Administrative law and delegation

• Delegated instrument making: The instrument records that it was made by a delegate of the Director of Biosecurity (signed by an Assistant Secretary, Compliance Division, Department of Agriculture). The power to make determinations under subsection 229(1) of the Act is a statutory delegation, and the instrument’s validity and procedural compliance would be assessed against the Act’s delegation and administrative law requirements should any legal challenge arise.

Regulatory cross‑compliance and infrastructure standards

• Facilities and amenities for officials: Section 9(5)(b) requires notice where a proposed change would affect facilities or amenities available at the port for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act. That provision anticipates an interface between port infrastructure/operations and statutory biosecurity functions, and it creates an administrative obligation that may interact with other regulatory regimes governing port facilities, occupational health and safety, or maritime operations in the event of proposed physical changes.

Limitations and non‑overlap

• Limited goods coverage: The instrument explicitly notes that Port of Port Lincoln is not a first point of entry for any goods other than the three categories listed in s 6 (s 6, Note 1). This creates a boundary between the instrument’s application and the Act’s broader application at other ports or in relation to other goods. Operators bringing other goods into Port Lincoln need to assess whether the Act imposes first point of entry obligations elsewhere or through other determinations.

• External procedural requirements remain: The instrument does not replace or modify other legislative requirements applicable to ports, shipping or imports. It is an instrument that functions inside the Act’s administrative framework; obligations and rights under other Commonwealth, state or local laws (maritime safety, waste disposal regulation, environmental protection, customs, and so forth) are not altered by this instrument but may interact operationally with the duties it imposes.

Record and amendment mechanics

• Commencement and non‑amendment note: The commencement table in s 2 records that the whole instrument commenced on 16 June 2019 and states that the table relates only to the provisions of the instrument as originally made and will not be amended in that table to deal with later amendments (s 2). That is an administrative note about how the instrument will be published and maintained; it does not limit the ability to amend the instrument under the Act, but it warns users that the instrument’s published commencement table will remain as originally drafted.

In practise, the determination is a local deployment of the Biosecurity Act’s national framework. It identifies the physical loci within Port of Port Lincoln where the Act’s arrival, unloading and inspection powers will be exercised for specified vessel and goods classes and creates administrative notice obligations to permit the Department to track and, if necessary, respond to operational changes that could affect biosecurity risk management.

The instrument contains an explicit commencement record and no entries in the text indicating subsequent amendments. Section 2 sets out the commencement arrangements and the table records that the whole of the instrument commenced on 16 June 2019. The instrument also contains the standard cautionary note that the commencement table relates only to the provisions of the instrument as originally made and will not be amended to deal with later amendments (s 2). There are no later amendment entries, schedules, saving provisions or transitional provisions in the text provided.

Key points from the instrument about amendments and publication

• Original commencement: The instrument commenced in full on 16 June 2019 (s 2). That is the only commencement date recorded.

• Publication note: Section 2(2) states that any information in column 3 of the commencement table is not part of the instrument and that such information may be inserted or edited in any published version. That is a publication convention rather than an amendment to substance.

• No textual amendment history recorded in the instrument: The provided instrument text contains no further schedule or endnote indicating subsequent amendment dates, repeals, or replacements. The instrument’s structure and the presence of the non‑amendment note in the commencement table imply that updates would be recorded separately in the legislative instrument register rather than in this table.

Implications for practice

• Check the legislative instrument register for updates: Because the instrument makes clear that the commencement table is static and not updated to reflect amendments, practitioners who require the current text and any amendments should consult the official legislative instruments register or the Department of Agriculture’s published instruments to confirm whether later amendments exist. The instrument text as provided contains no amendment entries.

• Amendment powers remain with the Act: The power to make, vary or revoke determinations of first points of entry is statutory. Any amendment to the instrument would need to be made under the Biosecurity Act 2015 (see s 3 noting subsection 229(1)). The instrument does not contain an express sunset or review clause.

• No transitional or saving rules provided: The instrument does not include transitional arrangements or specify any application to events or arrivals prior to the commencement date. It simply commences and is operative from the date recorded.

In short, as presented the determination commenced on 16 June 2019 and has no amendment history recorded in the document. Users should verify the instrument’s currency against the official register when advising clients or making operational decisions.

The instrument itself contains no litigation history, reported cases, or references to legal challenges. It is a stand‑alone administrative determination and the text does not record any judicial consideration, references to precedent, or internal review decisions. The instrument’s content contains cross‑references to provisions of the Biosecurity Act 2015 (for example ss 147, 173-174 and 246) and to the Biosecurity Regulation 2016 (for the meaning of “non‑commercial vessel”), but it does not cite any cases or judicial authorities.

Points to note for practitioners seeking litigation context

• No cases cited in the instrument: Because the instrument contains no case law citations, any legal challenge to actions taken under it would be litigated against the statutory framework of the Biosecurity Act 2015 and relevant subordinate legislation. The instrument itself provides no litigation narrative or judicial interpretation.

• Challenge routes would be administrative law and statutory interpretation: Any dispute over the validity or application of the determination would ordinarily engage administrative law grounds (for example, jurisdictional error, failure to satisfy statutory preconditions, procedural fairness) and statutory interpretation of the Biosecurity Act and its delegation provisions. The instrument does not preclude such challenges, but it does not document any historical litigation.

• Consult external records for litigation: To establish whether the determination has been the subject of litigation or review, one must search court records, tribunal files and the administrative decisions register. The instrument text as provided gives no indication of disputes or judicial findings.

• Enforcement actions under the Act are handled under the Act’s framework: Any enforcement action arising from conduct covered by the instrument would be taken under provisions of the Biosecurity Act 2015. The instrument itself does not disclose any enforcement proceedings or prosecutions.

In summary, there is no litigation history contained in the instrument. Practitioners seeking to know whether the instrument has been litigated should consult court and tribunal databases and Departmental records; nothing in the instrument suggests reported litigation as part of its textual record.

The instrument is compact and precise, but its wording and cross‑references create several potential traps and operational friction points. These are drawn directly from the instrument’s text and notes, and are focused on interpretation, operational practice and compliance risk.

1. Limited goods coverage , do not assume coverage of all imports

• The instrument makes Port of Port Lincoln a first point of entry only for specified goods: baggage carried on a vessel that is neither a non‑commercial vessel nor a passenger vessel, inorganic bulk goods, and waste (s 6). Note 1 to s 6 emphasises that Port Lincoln is not a first point of entry for other goods. Practitioners should not assume the instrument imposes first point of entry obligations for general cargo, containerised imports, or other classes not expressly listed.

2. “Baggage” category is narrow in vertex

• The baggage category in s 6(a) applies only to baggage carried on vessels that are neither non‑commercial nor passenger vessels. That means baggage on passenger vessels and non‑commercial vessels is explicitly excluded. The effect is that baggage carried on a commercial cargo vessel is in the instrument’s scope, but baggage on a passenger ship (for example, cruise or ferry passengers) would not be covered by this instrument. The instrument does not define “baggage” further; the Act’s definition of goods and baggage will determine scope.

3. “Inorganic bulk goods” excludes organic compounds and microbes

• The instrument’s internal definition of “inorganic bulk goods” specifically excludes organic compounds and microbes (s 4). Bulk consignments described as “chemicals” will be treated as inorganic bulk goods only if they do not contain organic compounds. That means that some chemical consignments usually thought of as bulk chemicals could fall outside the category if they contain organic compounds, altering the berth and processing requirements.

4. “Waste” depends on the intention of the person in charge

• The instrument defines “waste” as goods that are both subject to biosecurity control and intended by the person in charge of the vessel to be disposed of (s 4). That makes the classification of a consignment as “waste” contingent on the subjective intention of the person in charge. Record‑keeping on that intention and clear declarations will be important, because the designation dictates which berths must be used (s 8).

5. Biosecurity entry points are berth‑specific

• The instrument identifies discrete berths: Kirton Point Jetty Berth 11 and Port Lincoln Berths 4, 5 and 6 (ss 7-8). Operational plans that assume any berth can be used for biosecurity processing will be wrong. The instrument’s notes emphasise that vessels and relevant goods must be brought to the biosecurity entry point “as soon as practicable” (notes to ss 7-8), so voyage planning and berth availability require attention.

6. “As soon as practicable” and “reasonable notice” are elastic

• Section 9 uses “as soon as practicable” (ss 9(2)-(3)) and “reasonable notice” (s 9(4)) as timing standards. These are standard administrative phrases, but they introduce uncertainty about exact timeframes. The Department will assess timeliness and reasonableness case by case; operators should err on early notice.

7. Notification obligations apply to owners/lessees and operators differently

• The instrument apportions different notice duties to owners/lessees (obligation to notify when they become aware of a change) and to persons or bodies responsible for operations (obligation to give reasonable notice of proposed changes that affect biosecurity procedures or facilities) (s 9). Practitioners should not assume a single notification process will satisfy both obligations in every case; ownership and operational responsibility can be legally distinct.

8. Reliance on external definitions and Act provisions requires cross‑checking

• The instrument relies on the Biosecurity Act’s definitions (s 9 and s 19) and the Biosecurity Regulation 2016 (definition of non‑commercial vessel). Whether a vessel is a “non‑commercial vessel” or a “passenger vessel” will determine whether it is captured. Practitioners must cross‑check those definitions rather than infer coverage from everyday usage.

9. The instrument does not itself state enforcement consequences

• No penalty or offence clause appears in the instrument. That does not mean there are no consequences: the Act supplies the enforcement regime, but because that regime is not set out here, practitioners must consult the Act to know the precise ramifications of non‑compliance. Failure to do so risks misadvising clients about exposure.

10. Proposed changes to procedures and facilities trigger a notice duty even if change is operationally minor

• Section 9(5) lists changes that require notice, including procedural changes that may affect the ability of a person to identify biosecurity risks or the ability of officials to be informed of identified risks (s 9(5)(c)-(d)). Even seemingly minor procedural changes that alter reporting lines, communication protocols, or access for officials could trigger the notice obligation.

11. The instrument’s publication caveat

• Section 2(2) warns that the commencement table is not amended in the instrument’s published table for later amendments. Practitioners should not rely solely on the instrument’s internal commencement table to find later amendments; the official registers must be checked.

Operational checklist to avoid the gotchas

• Cross‑reference the Act and Regulation definitions (vessel, non‑commercial vessel, goods, baggage).
• Map goods classes you import to the instrument’s categories (inorganic bulk goods, waste, baggage) and to the designated berths (s 8).
• Establish written notification procedures for owners/lessees and operators to meet s 9 timing standards and to create an audit trail.
• Keep clear records of any master’s stated intention regarding disposal to support the “waste” classification.
• Plan berth bookings and operational movements so vessels and goods can be brought to the specified biosecurity entry points “as soon as practicable” on arrival (notes to ss 7-8).
• Where procedural, facility or amenity changes are proposed, presume that notice to the Department will be required.

These are not hypothetical concerns; each stems from precise wording in the instrument. Compliance requires attention to the narrow categories the instrument uses, to the berth assignments, and to the notice‑giving mechanics.

Compliance with this determination requires operational, administrative and documentation steps that map to the instrument’s designations and conditions (ss 5-9). Below is a practicable compliance blueprint grounded in the instrument’s text.

1. Identify whether your vessel, goods or activity falls within the instrument’s scope

• Vessels: Determine whether a vessel is a “non‑commercial vessel” under the Biosecurity Regulation 2016 or a “passenger vessel” under the Act (the instrument relies on those external definitions; see s 4). If the vessel is neither a non‑commercial vessel nor a passenger vessel, it falls within the class for which Port Lincoln is a first point of entry (s 5 and s 7 item 1). If it is not a non‑commercial vessel (even if it is a passenger vessel), Port Lincoln Berths 4, 5 and 6 are biosecurity entry points for that vessel class (s 7 item 2).

• Goods: Categorise consignments against the instrument’s definitions. Inorganic bulk goods must be chemicals, ores, minerals or gases brought in bulk and must not contain animals, plants, organic compounds or microbes (s 4). Waste must be goods subject to biosecurity control and intended by the person in charge of the vessel to be disposed of (s 4). Baggage is included only when carried on a vessel that is neither non‑commercial nor a passenger vessel (s 6(a)).

2. Plan berthings and logistics to align with the designated biosecurity entry points

• For vessels: On arrival at Port Lincoln, arrange for the vessel to be brought to the designated biosecurity entry point for that vessel “as soon as practicable” (see note to s 7, citing s 246 of the Act). Use the instrument’s tables to identify the correct berth: Kirton Point Jetty Berth 11 for vessels other than non‑commercial and passenger vessels; Port Lincoln Berths 4, 5 and 6 for vessels other than non‑commercial vessels (s 7).

• For goods: When unloading inorganic bulk goods or waste from an arriving vessel, arrange for those goods to be brought to the designated biosecurity entry point “as soon as practicable” (s 8 and its note citing s 147 of the Act). Inorganic bulk goods are permitted at Kirton Point Jetty Berth 11 and Port Lincoln Berth 6 (s 8, item 1). Waste is permitted at Kirton Point Jetty Berth 11 and Port Lincoln Berths 4, 5 and 6 (s 8, item 2).

3. Implement written notice procedures required by s 9

• Owners/lessees: Put in place an internal alert procedure to ensure that where an owner or lessee becomes aware of an actual or impending change to the business entity operating the port or a biosecurity entry point, written notice is prepared and sent to the Agriculture Department “as soon as practicable” after awareness (ss 9(2)-(3)). The notice should record the date of awareness, the nature of the business entity change, contact details for the incoming and outgoing entities, and any continuity plans for biosecurity functions.

• Operators proposing changes: If you are a person or body responsible for operations at the port and you propose changes to procedures, facilities or amenities that are among those listed in s 9(5), prepare and provide the Agriculture Department with “reasonable notice” in writing of the proposed change (s 9(4)). The notice should include a description of the proposed change, the anticipated timing, assessment of any impacts on the ability to identify or communicate biosecurity risks, information about alternative mitigation measures, and contact details for follow up.

4. Record keeping and evidence

• Maintain records that show timely compliance with “as soon as practicable” obligations (arrival logs, communications with the Department, berth movement instructions). Because “as soon as practicable” is a flexible standard, contemporaneous records of decisions and timing will be important to demonstrate compliance.

• Record masters’ declarations and manifest entries regarding goods intended to be disposed of to support “waste” classifications (s 4 definition of waste turns on the person in charge’s intention).

• Keep copies of all notices sent to the Agriculture Department and any Departmental responses.

5. Ensure facilities and staff support biosecurity processes

• Ensure that the designated berths are operationally capable of accommodating the biosecurity functions expected by the Department (s 9(5)(b) concerns facilities and amenities). That includes providing suitable access, safe spaces for inspection and sampling, and any amenities the Department requires for personnel to perform functions under the Act.

• Train berth management, stevedoring and ship agents to recognise the instrument’s berth assignments and to follow the procedure of bringing vessels and specifically‑designated goods to the appropriate berth promptly on arrival.

6. Coordinate with the Agriculture Department pre‑emptively

• Where proposed changes to procedures or facilities could affect biosecurity risk identification or communication (s 9(5)(c)-(d)), consider engaging the Agriculture Department early to discuss proposed changes and to agree what constitutes “reasonable notice” and what mitigation measures the Department requires.

• If uncertain whether a particular consignment is “inorganic bulk goods” or “waste” under the instrument’s definitions, or whether baggage on a given vessel is captured, request a ruling or guidance from the Department in writing prior to arrival.

7. Cross‑check external regulatory definitions and obligations

• Review the Biosecurity Act 2015 for the operative obligations triggered by first point of entry and biosecurity entry point designations (the instrument’s notes point to ss 147 and 246). Review the Biosecurity Regulation 2016 to determine whether a vessel is a “non‑commercial vessel” for the purpose of the instrument.

• Ensure compliance with other applicable laws that interact with biosecurity processes (maritime safety, hazardous goods handling, waste disposal and environmental regulation) so that meeting the instrument’s requirements does not put you in breach of another legal obligation.

8. Practical checklist for immediate operational compliance

• Map incoming vessels and goods against the tables in ss 7-8 to determine berth assignments.
• Book and reserve the designated berth in advance for expected arrivals of vessels or goods covered by the instrument.
• Document masters’ intentions for disposal on the manifest and hold evidence for “waste” classifications.
• Put an owner/lessee notification trigger in your corporate change management process so the Department receives written notice promptly on awareness.
• Prepare template notices for prospective procedural and facility changes to ensure timely “reasonable notice” to the Department.
• Keep records of all Departmental communications and confirmations.

By following these steps grounded in the instrument’s text (ss 4-9) and the notes referring to the Biosecurity Act, operators and owners at Port of Port Lincoln can structure their operational, documentation and communication practices to align with the instrument’s requirements. Where uncertainty remains, the instrument points practitioners to the Biosecurity Act for the operative legal consequences and to the Biosecurity Regulation 2016 for the non‑commercial vessel definition; seeking Departmental guidance in writing is a prudent compliance step.