49Regulatory measures

#### 49 Regulatory measures 49 Regulatory measures > > (1) Each of the following is declared to be a high QX risk area— > > > > > (a) the estuary, including any directly connected estuary, of the following rivers— > > > > > > > (i) Richmond River, > > > > > > > (ii) Clarence River, > > > > > > > (iii) Macleay River, > > > > > > > (iv) Bellinger River and Kalang River, > > > > > > > (v) Hawkesbury River, > > > > > > > (vi) Georges River and Botany Bay, > > > > > (b) the tidal waters of Port Stephens, including its bays, inlets and tributaries upstream of a line drawn from the southernmost point of Yacaaba Headland to the northernmost point of Tomaree Headland. > > > (1A) To avoid doubt, the waters specified in subclause (1)(b) include the estuaries of the Karuah River, Myall River and Tilligerry Creek. > > > (2) The estuary (which includes any directly connected estuary) of each of the following rivers is declared to be a medium QX risk area— > > > > > (a) Tweed River, > > > > > (b) Brunswick River. > > > (3) All other parts of the QX disease biosecurity zone are declared to be low QX risk areas. > > > (4) A person must not put an oyster that is infected with QX disease (or that the person suspects is infected with QX disease) in any waters in the QX disease biosecurity zone unless the person has taken the oyster from the waters and then as soon as reasonably practicable returns the oyster to those waters. > > > (5) A person must not remove an oyster from waters in a high QX risk area except as follows— > > > > > (a) to relocate of the oyster to another high QX risk area where such relocation is otherwise lawfully permitted, > > > > > (b) to cull the oyster if this occurs within the catchment of the waters. > > > (6) A person must not remove an oyster from waters in a medium QX risk area except as follows— > > > > > (a) to relocate of the oyster to a high QX risk area or another medium QX risk area where such relocation is otherwise lawfully permitted, > > > > > (b) to cull the oyster if this occurs within the catchment of the waters. > > > (7) A person must not move oyster cultivation equipment— > > > > > (a) from a high QX risk area to a medium QX risk area or low QX risk area, or > > > > > (b) from a medium QX risk area to a low QX risk area. > > > > Note— > > > > See the [Biosecurity Order (Permitted Activities) 2019](https://legislation.nsw.gov.au/information/asi/mining-and-primary-industries/biosecurity-permitted-activities), Part 3, Division 2, which sets out an exception to this subclause. > > > (8) A person must not sell an oyster if the person knows or ought reasonably to know that the oyster is infected with QX disease. > > > (9) A person must not move or release QX disease (which includes moving or releasing anything infected or contaminated with QX disease) if the person knows or ought reasonably to know that the person is moving or releasing QX disease. > > > (10) Nothing in this clause prevents a person from taking an oyster from waters in the QX disease biosecurity zone for the purposes of sale for human consumption or selling an oyster for that purpose. > > Note— > > Moving oysters and oyster cultivation equipment may be precluded by the conditions of an aquaculture permit under the [Fisheries Management Act 1994](/view/html/inforce/current/act-1994-038). > > **cl 49:** Am 2019 (604), Sch 2\[3\]; 2023 (47), Sch 2\[9\]–\[13\].