What it does
The Biosecurity Regulation 2017 (NSW) is the subordinate legislation that operationalises the Biosecurity Act 2015. It prescribes mandatory measures, establishes biosecurity zones, imposes notification obligations, and sets conditions for registration, accreditation, and permitting. The regulation creates specific prohibitions and duties tailored to different categories of biosecurity matter including animal pests and diseases, aquatic pests and diseases, plant pests and diseases, invasive species, and weeds. Part 2 of the regulation contains mandatory measures that are directly enforceable. These include a duty to notify certain pests and diseases listed in Schedule 1 within one working day of suspicion or awareness (clause 7(1)). Prohibitions on importing or moving specified carriers into the State are established for American foulbrood (bees) in clause 11, cattle tick carriers from Queensland, the Northern Territory, or Western Australia in clause 14, footrot (sheep and goats) in clause 15, and various plant disease carriers such as banana disease in clause 22, lupin anthracnose in clause 25, and Mediterranean fruit fly in clause 26. Part 2 also regulates animal feed: clause 37 prohibits feeding pigs with mammal products unless authorised, clause 38 prohibits feeding restricted animal material to ruminants unless authorised, and clause 39 imposes labelling requirements for stock food containing restricted animal material. Part 2 Division 11 sets maximum concentrations of cadmium, lead, and mercury in fertilisers and liming materials (clause 43). Part 2 Division 12 allows places where commercial or educational agricultural or horticultural activities are carried on to adopt biosecurity management plans; if a plan is posted, persons entering must comply (clauses 44A-44C). Part 2A provides exemptions for dealings with prohibited matter in vaccines under Agvet Code permits (clause 44E). Part 2B declares certain events such as appearance of ulcers or blisters in ruminants or pigs, unexplained increases in mortality rates, and similar signs as biosecurity events (clause 44F). Parts 2C through to Part 5 establish multiple biosecurity zones for cane toads, QX disease, POMS, citrus red mite, grapevine phylloxera, potato pests, rice pests, and weeds such as alligator weed, bitou bush, Chinese violet, and water hyacinth. Each zone imposes regulatory measures on owners or occupiers, including notification of new infestations and obligations to eradicate or suppress the pest or weed. Part 6 sets out how notification must be given, either immediately verbally for prohibited matter events or biosecurity events, or in a manner approved by the Secretary and published on the Department’s website for other matters (clause 76). Part 7 requires biosecurity registration for certain dealings and imposes conditions for beekeepers (clauses 83-85) and for keepers of non-indigenous animals (clauses 86-90), including mandatory permanent identification, record-keeping, and notification of theft, release, or escape. Parts 8, 9, and 10 deal with accreditation of biosecurity certifiers, appointment of biosecurity auditors, and approval of accreditation authorities, including grounds for refusal or cancellation and deemed refusal of applications after 60 days. Part 11 concerns permits. Schedule 6 lists penalty notice offences under the Act with penalties ranging from $500 to $2,000. The regulation also contains a table of fees in Schedule 5 for registrations, accreditations, appointments, and permits.