4Declaration of pests and diseases

4 Declaration of pests and diseases

(1)  The Minister may, by notice published in the Gazette, declare for the purposes of these regulations any –

(a) pest that is not prohibited matter; or

(b) animal disease or plant disease that is not prohibited matter –

to be a declared pest or declared disease, if the Minister is satisfied on reasonable grounds that –

(c) the pest or disease poses a biosecurity risk to Tasmania; and

(d) the declaration is necessary to prevent, eliminate, minimise, control or manage the biosecurity risk posed by the pest or disease.

(2)  A declaration under this regulation may be made subject to such conditions, requirements or restrictions as the Minister considers reasonable in the circumstances.

(3)  At least 28 days before making a declaration under this regulation, the Minister must –

(a) publish a notice of the proposed declaration in the Gazette; and

(b) specify, in the notice, a period of not less than 28 days from the publication of the notice during which the Minister will accept comments and submissions on the proposed declaration.

(4)  Before making a declaration under subregulation (1) , the Minister is to take into account –

(a) any comments and submissions received under subregulation (3) ; and

(b) any advice of the Chief Plant Protection Officer and Chief Veterinary Officer in respect of the proposed declaration.

(5)  A declaration under subregulation (1) takes effect –

(a) on the day on which notice of the declaration is published in the Gazette; or

(b) at such later date as is specified in that notice.

(6)  A declaration under subregulation (1) , notice of which is published under this regulation, ceases to have effect –