NORTHERN TERRITORY OF AUSTRALIA
PLANT HEALTH REGULATIONS 2011
As in force at 23 May 2025
Table of provisions
Part 1 Preliminary matters
1 Citation ............................................................................................ 1
2 Commencement .............................................................................. 1
3 Definitions ........................................................................................ 1
4 References to organisms ................................................................. 4
4A Regulation of plants and plant-related materials.............................. 4
Part 2 Control of pests on introduction of plants
etc. into the Territory
Division 1 Application of Part
6 Multiple requirements for plants....................................................... 5
Division 2 Requirements about particular pests
7 Ants in potting mix ........................................................................... 5
7A Ants in turf ....................................................................................... 6
8 Fruit flies – introduction of fruits of declared host plants into
Territory ........................................................................................... 6
9 Fruit flies – introduction of fruits of declared host plants into
accredited production places ........................................................... 7
10 Melon thrips ..................................................................................... 8
11 Scale insects and sucking insects ................................................... 9
12 Soil borne pests and snails – plants generally ................................. 9
Division 3 Requirements about particular plants
14 Avocado......................................................................................... 10
15 Banana, plantain and Manila hemp ............................................... 11
16 Citrus and Fortunella ..................................................................... 12
17 Grape plants .................................................................................. 12
18 Maize ............................................................................................. 14
19 Papaya .......................................................................................... 14
20 Passionfruit .................................................................................... 15
22 Potato ............................................................................................ 15
23 Soybean ........................................................................................ 16
Plant Health Regulations 2011 ii
Division 4 Requirements about particular plant-related
materials
24 Grape plant related equipment ...................................................... 17
25 Soil, compost and potting mix ........................................................ 17
25A Hay and other fodder ..................................................................... 18
26 Standards for certain plant-related materials ................................. 18
26B Control of tomato potato psyllid ..................................................... 19
26C Control of European house borer .................................................. 20
Part 2B Control of Cucumber Green Mottle Mosaic
Virus
26E Application ..................................................................................... 21
26F Definitions ...................................................................................... 21
26G Prohibition of export from the Territory .......................................... 21
26H Owner must have farm biosecurity plan for host plant ................... 22
26J Owner must produce farm biosecurity plan to inspector ................ 22
26K Inspector may vary farm biosecurity plan ...................................... 22
Part 3 Certification of plant health
27 Certificates ..................................................................................... 22
28 Matters specified in certificate ....................................................... 22
29 Corresponding laws ....................................................................... 23
Part 4 Infringement notice and infringement
notice offence
30 Infringement notice offence and prescribed amount payable ........ 23
31 When infringement notice may be given ........................................ 24
32 Contents of infringement notice ..................................................... 24
33 Payment by cheque ....................................................................... 25
34 Withdrawal of infringement notice.................................................. 25
35 Application of Part ......................................................................... 25
Part 5 Administrative matters
36 Permit for introduction ................................................................... 26
36A Export permit ................................................................................. 26
37 Inspector's powers for section 17 of the Act .................................. 26
38 Labelling of plants and plant products ........................................... 27
40 Approved inspection, test and treatment for pests......................... 28
Plant Health Regulations 2011 iii
Schedule 1 Soil borne pests and snails
Schedule 2 Pests relating to Musa or Ensete
Schedule 3 Infringement notice offences and
prescribed amounts
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 23 May 2025
PLANT HEALTH REGULATIONS 2011
Regulations under the Plant Health Act 2008
Part 1 Preliminary matters
1 Citation
These Regulations may be cited as the Plant Health
Regulations 2011.
2 Commencement
These Regulations commence on the commencement of the Plant
Health Act 2008.
3 Definitions
In these Regulations:
approved inspection means an inspection approved under
regulation 40.
approved test means a test approved under regulation 40.
approved treatment means a treatment approved under
regulation 40.
area freedom certificate, in relation to a declared pest, means a
certificate or other form of certification issued by a government
official responsible for agriculture in a State or another Territory that
certifies that the State or Territory, or a specified area of a State or
another Territory, is free of the declared pest.
bare-rooted, in relation to a plant, means the plant has no soil on
or around its roots.
compost means a mixture of one or both of following:
(a) decaying organic matter;
Part 1 Preliminary matters
Plant Health Regulations 2011 2
(b) decayed organic matter.
corresponding law, see regulation 29.
export permit means a permit issued under regulation 36A.
government certificate, in relation to a plant or plant-related
material being introduced into the Territory, means a certificate or
other form of certification that:
(a) certifies matters in relation to the plant or plant-related
material; and
(b) is issued by a government official responsible for agriculture in
a State or another Territory.
grape plant means the plant belonging to the genus Vitis.
grape product means a product of crushing berries of a grape
plant, including juice, skins, seeds, pulp and any incidentally
crushed stems and leaves.
grapevine material means any part of a grape plant, other than a
grape product, table grape, wine grape or the dried berry.
infringement notice, see regulation 31.
infringement notice offence, see regulation 30(1).
interstate assurance certificate, in relation to a plant or
plant-related material being introduced into the Territory, means a
certificate or other form of certification that:
(a) is issued in the State or Territory where the plant was grown
or the plant-related material was produced; and
(b) is recognised in the Territory in accordance with section 45 of
the Act as:
(i) an assurance certificate made under a corresponding
law in that State or Territory; or
(ii) a document that is in the nature of an assurance
certificate and made under a corresponding law in that
State or Territory.
introduction, of plants into the Territory, includes the importation or
transportation of plants into the Territory (whether from another
country, a State or another Territory).
Part 1 Preliminary matters
Plant Health Regulations 2011 3
nursery stock means a plant that is grown for production of stock
for planting elsewhere (including, for example, as household plants)
or for sale.
permit for introduction means a permit issued under
regulation 36.
PEZ, see regulation 17(7).
Phylloxera Exclusion Zone means an area:
(a) specified under a corresponding law as being free of the
declared pest; or
(b) recognised by the National Vine Health Steering Committee
as being free of the declared pest.
place of origin, for a plant to be introduced into the Territory,
means the address of the place in which the plant was last grown
before its transportation to the Territory.
potting mix means a growing medium for plants that is composed
of organic or inorganic components (or both), and includes sand,
perlite, vermiculite, peat, woodchip and pine bark, but not soil.
prescribed amount, see regulation 30(2).
related scheme, for an interstate assurance certificate, means the
scheme under which the certificate is made.
sand means a naturally occurring granular material that:
(a) is composed of worn, disintegrated or eroded rock and mineral
particles; and
(b) does not include any soil or organic matter.
Examples
1 Washed river sand.
2 Deep mined sand.
soil means the top layer of earth that is composed of rock, mineral
particles and organic matter.
table grapes means whole berries of a grape plant, intended for
consumption while fresh, including stalks to which the berries are
attached but not including leaves or any other part of a grape plant.
turf means a layer of live grass, and includes sods, stolons,
runners and roots.
Part 1 Preliminary matters
Plant Health Regulations 2011 4
ware potato means potato grown for consumption (rather than as
seeds or any other purposes).
wine grapes means whole berries of a grape plant intended for the
production of wine, including stalks to which the berries are
attached but not including leaves or any other part of a grape plant.
4 References to organisms
(1) In these Regulations, an organism is generally identified in the
following order:
(a) first, its scientific name (or a name that is generally accepted
as the synonym of its scientific name);
(b) secondly, its common name, or, if it is a pest, either its
common name or a condition caused by it (see, for example,
Schedule 1).
(2) To avoid doubt, a reference in these Regulations to a pest includes
a reference to the pest in any stage of its life cycle.
Example for subregulation (2)
A reference to a pest includes a reference to the pest as a larva.
4A Regulation of plants and plant-related materials
For section 17 of the Act, Parts 2 and 2B of these Regulations
prohibit, restrict and impose other requirements in relation to the
introduction into the Territory and export from the Territory of plants
and plant-related materials.
Notes for regulation 4A
1 Any plant or plant-related material being introduced into the Territory from
another country must also comply with the Biosecurity Act 2015 (Cth) and
any other applicable Commonwealth legislation.
2 A contravention of a provision in Part 2 or 2B is an offence against
section 17(6) of the Act.
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Division 2 Requirements about particular pests
Plant Health Regulations 2011 5
Part 2 Control of pests on introduction of plants etc.
into the Territory
Division 1 Application of Part
6 Multiple requirements for plants
If more than one provision applies to a plant under this Part, the
operation of one provision does not affect the operation of the other
provisions.
Example for regulation 6
Plants of grapevine may be subject to the requirements of regulations 12 and 17.
Division 2 Requirements about particular pests
7 Ants in potting mix
(1) This regulation provides for the control of the following declared
pests:
(a) Anoplolepis gracilipes (Fr. Smith), also known as yellow crazy
ant;
(b) Linepithema humile (Mayr), also known as Argentine ant;
(c) Solenopsis invicta (Buren), also known as red imported fire
ant;
(d) Wasmannia auropunctata (Roger), also known as electric ant.
(2) A person must not introduce into the Territory a plant grown in
potting mix unless:
(a) the plant was grown in an area where an area freedom
certificate for the declared pests is in force; or
(b) a government certificate or interstate assurance certificate
certifies that:
(i) the plant was inspected and found to be not infested with
the declared pests before it is introduced; or
(ii) the place where the plant was grown is more than 5 km
from the boundary of any area infested with the declared
pests; or
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Plant Health Regulations 2011 6
(iii) the plant has undergone an approved treatment for the
pests; or(c) the plant is introduced in accordance with a
permit for introduction.
7A Ants in turf
(1) This regulation provides for the control of the following declared
pests:
(a) Anoplolepis gracilipes (Fr. Smith), also known as yellow crazy
ant;
(b) Linepithema humile (Mayr), also known as Argentine ant;
(c) Solenopsis invicta (Buren), also known as red imported fire
ant;
(d) Wasmannia auropunctata (Roger), also known as electric ant.
(2) A person must not introduce into the Territory any turf unless:
(a) the turf was grown in an area where an area freedom
certificate for the declared pests is in force; or
(ab) a government certificate or interstate assurance certificate
certifies that the turf has undergone an approved treatment for
the pests; or
(b) the turf is introduced in accordance with a permit for
introduction.
8 Fruit flies – introduction of fruits of declared host plants into
Territory
(1) This regulation applies in relation to the declared host plants of any
of the pests specified in the following table:
Item Scientific name Common name
1 Bactrocera musae (Tryon) banana fruit fly
2 Ceratitis capitata (Wiedemann) Mediterranean fruit fly
(2) A person must not introduce into the Territory any declared host
plant that consists of or includes fruit unless the plant is
accompanied by a government certificate or an interstate
assurance certificate specifying:
(a) the place of origin of the plant is not infested with any of the
pests; or
Part 2 Control of pests on introduction of plants etc. into the Territory
Division 2 Requirements about particular pests
Plant Health Regulations 2011 7
(b) the plant is part of a consignment that has been inspected and
found to be not infested with the pests; or
(c) the plant has undergone an approved treatment for the pests.
9 Fruit flies – introduction of fruits of declared host plants into
accredited production places
(1) This regulation applies in relation to the declared host plants of any
of the pests specified in the following table:
Item Scientific name Common name
1 Bactrocera aquilonis (May) Northern Territory fruit
fly
2 Bactrocera musae (Tryon) banana fruit fly
3 Bactrocera tryoni (Froggatt) Queensland fruit fly
4 Ceratitis capitata (Wiedemann) Mediterranean fruit fly
5 Zeugodacus cucumis (French) cucumber fly
(2) A person must not introduce into an accredited production place in
the Territory a declared host plant that consists of or includes fruit.
(3) Subregulation (2) does not apply if:
(a) the plant is:
(i) in transit through, and is not to be unloaded at, the
accredited production place; and
(ii) the plant is packaged and transported in a way that will
reasonably prevent the spreading of any of the pests
from the plant; or
(b) the plant is accompanied by a government certificate
specifying:
(i) the place of origin of the plant is not infested with the
pests and the plant is in transit to another place that is
not infested with the pests; or
(ii) the plant has undergone an approved treatment for the
pests; or
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Plant Health Regulations 2011 8
(c) the plant is accompanied by an interstate assurance certificate
specifying the plant:
(i) is in transit from an accredited production place in the
Territory for any of the declared host plants to another
accredited production place for any of the declared host
plants; or
(ii) has undergone an approved treatment for the pests.
10 Melon thrips
(1) This regulation applies in relation to the declared host plants of the
pest Thrips palmi Karny (or melon thrips).
(2) A person must not introduce a declared host plant into a part of the
Territory that is:
(a) an accredited production place for the plant; or
(b) outside a quarantine place for the pest.
(3) Subregulation (2) does not apply if the plant is accompanied by a
government certificate or interstate assurance certificate specifying:
(a) one of the following applies:
(i) the place of origin of the plant has undergone an
approved inspection for the pest and found to be not
infested with the pest during the 6 months immediately
before the plant was packed for transportation to the
Territory;
(ii) the place of origin of the plants has undergone an
approved inspection for the pest and found to be not
infested with the pest and is at least 100 km from the
boundary of an area infested with the pest; or
(b) before the plant is introduced into the part of the Territory
mentioned in subregulation (2)(a) or (b), the plant:
(i) has been inspected and found to be not infested with the
pest; or
(ii) has undergone an approved treatment for the pest.
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Plant Health Regulations 2011 9
11 Scale insects and sucking insects
(1) This regulation provides for the control of a declared pest that
belongs to:
(a) the Superfamily Coccoidea; or
(b) the Superfamily Aleyrodoidea.
(2) A person must not introduce into the Territory any nursery stock
unless:
(a) the nursery stock was grown in an area where an area
freedom certificate for the declared pests is in force; or
(b) a government certificate or interstate assurance certificate
certifies that the nursery stock was given an approved
treatment for the declared pests before the stock is
introduced; or
(c) the nursery stock is introduced in accordance with a permit for
introduction.
12 Soil borne pests and snails – plants generally
(1) This regulation provides for the control of the declared pests
specified in Schedule 1.
(2) A person must not introduce a plant into the Territory unless:
(a) the plant was grown in an area where an area freedom
certificate for the declared pests is in force; or
(b) the plant is completely free of soil and accompanied by:
(i) a government certificate or interstate assurance
certificate that certifies the matters required under
subregulation (4); or
(ii) an interstate assurance certificate that certifies the plant
was grown and packed under the related scheme.
Example for subregulation (2)(a)
Plants that are bulbs and rhizomes must be bare-rooted and otherwise free of
soil.
Part 2 Control of pests on introduction of plants etc. into the Territory
Division 3 Requirements about particular plants
Plant Health Regulations 2011 10
(3) If the plant is growing in a medium other than soil (for example,
compost or potting mix), the person must not introduce the plant
into the Territory unless:
(a) both the medium and container for the medium are completely
free of soil; and
(b) the plant is accompanied by a government certificate or
interstate assurance certificate specifying the plant:
(i) has been inspected and found to be not infested with the
pests specified in items 4 to 8 of Schedule 1; or
(ii) has undergone an approved treatment for the pests; and
(c) the plant is accompanied by:
(i) a government certificate or interstate assurance
certificate that certifies the matters required under
subregulation (4); or
(ii) an interstate assurance certificate that certifies the plant
was grown and packed under the related scheme.
(4) For subregulation (2)(b)(i) and (3)(c)(i), the plant must be
accompanied by a government certificate or interstate assurance
certificate specifying that the plant:
(a) is free of visible symptoms of the pests specified in items 1, 3
and 9 to 15 of Schedule 1; and
(b) for a plant other than a grape plant – was grown more than
50 m from a grape plant; and
(ba) was grown more than 20 km from the boundary of any area
infested with the pest specified in item 2 of Schedule 1; and
(c) was grown and packed more than 25 km from the boundary of
an area infested with the pest specified in item 4 of
Schedule 1.
Division 3 Requirements about particular plants
14 Avocado
(1) This regulation applies to:
(a) the plant Persea americana Mill. (or avocado); and
Part 2 Control of pests on introduction of plants etc. into the Territory
Division 3 Requirements about particular plants
Plant Health Regulations 2011 11
(b) the following pests:
(i) the pest avocado sunblotch viroid, which causes the
disease sunblotch;
(ii) the pest Phytophthora cinnamomi Rands, which causes
the disease top rot or dieback;
(iii) the pest Verticillium dahliae Kleb, which causes the
disease verticillium wilt
(2) A person must not introduce into the Territory any plant (other than
fruit) unless it is accompanied by:
(a) a permit for introduction; and
(b) a government certificate or interstate assurance certificate
specifying:
(i) the place of origin of the plant is not infected by any of
the diseases; and
(ii) for an interstate assurance certificate – the requirements
under the related scheme for growing the plant have
been met.
15 Banana, plantain and Manila hemp
(1) This regulation applies to:
(a) a plant belonging to the genera Musa (including, for example,
banana, plantain, and Manila hemp) and Ensete (ornamental
banana); and
(b) the pests specified in Schedule 2.
(2) A person must not introduce into the Territory a plant (other than
fruit) unless:
(a) the plant is accompanied by a permit for introduction; and
(b) one or both of the following apply:
(i) the plant consists of or includes a tissue culture grown in
a laboratory under a scheme and is accompanied by an
interstate assurance certificate specifying it is introduced
into the Territory in the container in which it was grown in
the laboratory;
Part 2 Control of pests on introduction of plants etc. into the Territory
Division 3 Requirements about particular plants
Plant Health Regulations 2011 12
(ii) the plant was originally grown as a tissue culture and is
accompanied by an interstate assurance certificate
specifying it has been grown out under the related
scheme.
(3) Despite subregulation (2), a person must not introduce into the
Territory a plant that consists of or includes fruit if the place of origin
of the plant:
(a) is infected by banana black sigatoka; or
(b) is within 50 km from the boundary of a place infected by
banana black sigatoka.
(4) A person must not transport from one part of the Territory to
another part of the Territory a plant (other than fruit) if it is infested
with the pests specified in Schedule 2.
16 Citrus and Fortunella
(1) This regulation applies to:
(a) a plant belonging to the genera Citrus and Fortunella; and
(b) the pest sweet orange stem pitting strain (SOSP) of Citrus
tristeza virus.
(2) A person must not introduce into the Territory a plant (other than
fruit) unless the plant is accompanied by a government certificate or
interstate assurance certificate specifying:
(a) the place of origin of the plant:
(i) is not infested with the pest; and
(ii) is at least 20 km from the boundary of any area infested
with the pest during the immediately preceding 2 years;
and
(b) for an interstate assurance certificate – the requirements of
the related scheme have been met in relation to the plant.
17 Grape plants
(1) This regulation provides for the control of the declared pest
Daktulosphaira vitifolii (Fitch) (grape phylloxera).
Part 2 Control of pests on introduction of plants etc. into the Territory
Division 3 Requirements about particular plants
Plant Health Regulations 2011 13
(3) A person must not introduce grapevine material into the Territory
from a State or another Territory unless:
(a) the grapevine material was grown in a Phylloxera Exclusion
Zone or in an area where an area freedom certificate for the
declared pest is in force; and
(b) the grapevine material is introduced in accordance with a
permit for introduction; and
(c) in the case of grapevine material consisting of, or including,
cuttings or rootlets – a government certificate or interstate
assurance certificate certifies that the cuttings or rootlets were
given an approved treatment for the declared pest before they
are introduced.
(4) A person must not introduce a grape product into the Territory
unless:
(a) a government certificate or interstate assurance certificate
certifies that the grape product was grown in a Phylloxera
Exclusion Zone; or
(b) the grape product comes from an area where an area freedom
certificate for the declared pest is in force.
(5) A person must not introduce table grapes into the Territory unless:
(a) a government certificate or interstate assurance certificate
certifies that the table grapes were grown in a Phylloxera
Exclusion Zone; or
(b) the table grapes were grown in an area where an area
freedom certificate for the declared pest is in force; or
(c) the table grapes are introduced in accordance with a permit
for introduction and a government certificate or interstate
assurance certificate certifies that the table grapes were given
an approved treatment for the declared pest before they are
introduced.
(6) A person must not introduce wine grapes into the Territory unless:
(a) a government certificate or interstate assurance certificate
certifies that the wine grapes were grown in a Phylloxera
Exclusion Zone; or
(b) the wine grapes were grown in an area where an area
freedom certificate for the declared pest is in force.
Part 2 Control of pests on introduction of plants etc. into the Territory
Division 3 Requirements about particular plants
Plant Health Regulations 2011 14
18 Maize
(1) This regulation applies to:
(a) a plant belonging to the species Zea mays L.; and
(b) the pest Ustilago maydis (DC.) Cda, which causes the disease
boil smut.
(2) A person must not introduce into the Territory a plant that consists
of or includes maize seeds (other than sweet corn) from New South
Wales or Queensland unless it is accompanied by a government
certificate specifying:
(a) it has undergone an approved treatment for the pest; or
(b) both of the following:
(i) its place of origin is not infected by boil smut;
(ii) it was cleaned and packed in premises that have not
been used for handling maize seeds that originated from
areas infected by boil smut.
19 Papaya
(1) This regulation applies to:
(a) a plant belonging to the species Carica papaya L.; and
(b) the following pests:
(i) Asperisporium caricae (Speg.) Maubl, which causes the
disease papaya black spot;
(ii) papaya strain of the Papaya ring spot virus, which
causes the disease papaya ring spot.
(2) A person must not introduce into the Territory a plant whose place
of origin is infected by any of the diseases unless it is accompanied
by a government certificate or interstate assurance certificate
specifying:
(a) it has undergone an approved inspection for the pests and
found to be free of the symptoms of the pests; and
(b) if its place of origin is infected by papaya black spot – it has
undergone an approved treatment for the pest Asperisporium
caricae (Speg.) Maubl.
Part 2 Control of pests on introduction of plants etc. into the Territory
Division 3 Requirements about particular plants
Plant Health Regulations 2011 15
20 Passionfruit
(1) This regulation applies to:
(a) a plant belonging to the genus Passiflora; and
(b) the pest Passionfruit woodiness virus.
(2) A person must not introduce to the Territory a plant (other than fruit)
unless it is accompanied by a government certificate or interstate
assurance certificate specifying:
(a) its place of origin is not infested with the pest; and
(b) it has undergone an approved inspection for the pest and
found not to be infested with the pest; and
(c) for an interstate assurance certificate – the requirements
under the related scheme for growing the plant have been
met.
22 Potato
(1) This regulation applies to:
(a) a plant belonging to the genus Solanum tuberosum L.; and
(b) the pest Globodera rostochiensis (Woll.) Skarbilovich (or
potato cyst nematode).
(2) A person must not introduce into the Territory a plant that consists
of or includes seed potatoes unless:
(a) it is accompanied by a permit for introduction; and
(b) it is accompanied by a government certificate or interstate
assurance certificate specifying its place of origin is not:
(i) infested with, or within 20 km of the boundary of an area
infested with, the pest; or
(ii) linked to an area that was infested with the pest (see
subregulation (5)); and
(c) the government certificate or interstate assurance certificate
also specifies that the plant:
(i) has undergone an approved test for the pest and found
to be not infested with the pest; and
(ii) has undergone an approved treatment for the pest.
Part 2 Control of pests on introduction of plants etc. into the Territory
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Plant Health Regulations 2011 16
(2A) Subregulation (2) does not apply in relation to a plant that consists
of or includes seed potatoes if the plant was grown in an area
where an area freedom certificate for the declared pests is in force.
(3) A person must not introduce into the Territory a plant that consists
of or includes ware potatoes unless:
(a) its place of origin is not infested with the pest and is not within
20 km of the boundary of an area infested with the pest; and
(b) if its place of origin is linked to an area infested with the pest
at the time of the introduction – the plant is accompanied by a
permit for introduction; and
(c) the plant has undergone an approved treatment for the pest.
(3A) Subregulation (3) does not apply in relation to a plant that consists
of or includes ware potatoes if the plant was grown in an area
where an area freedom certificate for the declared pests is in force.
(4) A person must not introduce into the Territory a plant that is
intended for propagation (but does not consist of or include seed
potato) unless:
(a) it was grown as a tissue culture in a laboratory registered
under a scheme; and
(b) it is in the original sealed container; and
(c) it is accompanied by a permit for introduction.
(5) For subregulation (2)(b)(ii), a place is linked to an area infested with
the pest if the place has shared ownership, shared equipment,
shared seed, shared boundaries or shared drainage with that area.
23 Soybean
(1) This regulation applies to a plant belonging to the species Glycine
max (L.) Merr for the control of the pest Phytophthora sojae
Kaufmann & Gerdemann, which causes phytopthora rot.
(2) A person must not introduce into the Territory a plant that consists
of or includes seed for sowing unless it is accompanied by a permit
for introduction.
Part 2 Control of pests on introduction of plants etc. into the Territory
Division 4 Requirements about particular plant-related materials
Plant Health Regulations 2011 17
Division 4 Requirements about particular plant-related
materials
24 Grape plant related equipment
(1) This regulation provides for the control of the declared pest
Daktulosphaira vitifolii (Fitch) (grape phylloxera).
(2) Despite regulation 26, a person must not introduce any equipment
used in a vineyard into the Territory unless:
(a) the equipment is introduced in accordance with a permit for
introduction; and
(b) a government certificate or interstate assurance certificate
certifies that the equipment:
(i) was in a Phylloxera Exclusion Zone for each of the
14 days immediately before it is introduced; or
(ii) was given an approved treatment for the declared pest
before it is introduced.
Examples for subregulation (2)
Grape harvesters, hand tools, grape bins and used trellis posts.
25 Soil, compost and potting mix
(1) This regulation applies in relation to any declared pest that may be
introduced in soil, compost or potting mix, including a pest specified
in regulation 7(1) or Schedule 1.
(2) A person must not introduce soil into the Territory unless it is
accompanied by a permit for introduction.
(3) Subregulation (2) does not apply if:
(a) soil is introduced into the Territory because it is attached to
ware potatoes introduced into the Territory under
regulation 22; or
(b) both of the following apply:
(i) soil is introduced into the Territory through dust attached
to the surface of a vehicle, equipment or footwear
entering into the Territory;
(ii) the person who has control over the vehicle, equipment
or footwear does not intend to introduce the soil into the
Territory and has exercised reasonable caution in
preventing the introduction.
Part 2 Control of pests on introduction of plants etc. into the Territory
Division 4 Requirements about particular plant-related materials
Plant Health Regulations 2011 18
(4) A person must not introduce compost or potting mix that is
packaged or in bulk into the Territory (other than compost or potting
mix in which plants are being grown) unless:
(a) it is accompanied by a government certificate specifying it was
manufactured in accordance with the requirements in the
relevant Australian Standard; or
(b) it was manufactured in accordance with the requirements in
the relevant Australian Standard and is clearly labelled as
such.
(5) In this regulation:
relevant Australian Standard means:
(a) for compost – Australian Standard AS 4454 as in force from
time to time; and
(b) for potting mix – Australian Standard AS 3743 as in force from
time to time.
25A Hay and other fodder
(1) This regulation provides for the control of the declared pests
specified in regulation 7(1) and Schedule 1.
(2) A person must not introduce hay or other fodder into the Territory
unless:
(a) the hay or fodder was grown in an area where an area
freedom certificate for the declared pests is in force; or
(b) the hay or fodder is introduced in accordance with a permit for
introduction.
26 Standards for certain plant-related materials
(1) This regulation provides for the control of all declared pests.
(2) A person must not introduce the following plant-related material into
the Territory except in accordance with a permit for introduction:
(a) used packaging of a plant or plant product;
(b) used containers or pallets that might reasonably be affected
by a declared pest;
(c) used agricultural equipment;
Part 2 Control of pests on introduction of plants etc. into the Territory
Division 4 Requirements about particular plant-related materials
Plant Health Regulations 2011 19
(d) used earth moving equipment.
Example for subregulation (2)(c)
Equipment used to harvest mangos.
(3) For subregulation (2)(c) and (d), agricultural equipment or earth
moving equipment is taken to be used even if it was used only for
field tests or factory trials.
(4) To meet the test for issuing a permit under regulation 36(2), a
government certificate or interstate assurance certificate certifying
at least one of the following is sufficient to establish that the
introduction of the plant-related material will not expose the
Territory to the risk of infestation of declared pests:
(a) that the material was given an approved treatment for
declared pests before it is introduced;
(b) that the material was cleaned in an approved manner to
remove all soil, plant residue, declared pests and any other
matter that may transport declared pests before it is
introduced.
Note for regulation 26
In the case of equipment used in a vineyard, the equipment must comply with
regulation 24.
26B Control of tomato potato psyllid
(1) This regulation provides for the control of the declared pest
Bactericera cockerelli, also known as tomato potato psyllid.
(2) A person must not introduce into the Territory a declared host plant
for tomato potato psyllid unless:
(a) the host plant was grown in an area where an area freedom
certificate for the declared pest is in force; or
(b) a government certificate or interstate assurance certificate
certifies that the host plant was, before it is introduced:
(i) given an approved treatment for tomato potato
psyllid; and
(ii) given an approved inspection for tomato potato psyllid
and found not to be infested with that pest; and
(iii) packed in an approved manner; or
Part 2 Control of pests on introduction of plants etc. into the Territory
Division 4 Requirements about particular plant-related materials
Plant Health Regulations 2011 20
(c) the host plant is introduced in accordance with a permit for
introduction.
(3) The inspection specified in subregulation (2)(b)(ii) is not required if
the declared host plant is fumigated before it is introduced.
26C Control of European house borer
(1) This regulation provides for the control of the declared pest
Hylotrupes bajulus, also known as European house borer.
(2) A person must not introduce into the Territory a plant or
plant-related material specified in subregulation (3) unless:
(a) it was grown in or comes from an area where an area freedom
certificate for the declared pest is in force; or
(b) a government certificate or interstate assurance certificate
certifies that it was given an approved treatment for European
house borer within 72 hours before it is introduced; or
(c) it is introduced in accordance with a permit for introduction.
(3) Subregulation (2) applies to the following:
(a) a tree of the genus Abies, Araucaria, Picea, Pinus or
Pseudotsuga;
(b) any wood or wood product made from a tree of the genus
Abies, Araucaria, Picea, Pinus or Pseudotsuga.
(4) However, subregulation (2) does not apply to the following:
(a) any wood product made only of heartwood;
(b) any wood product made only of reconstituted wood;
(c) wooden household goods or furniture introduced by or on
behalf of a person for the personal use of the person or a
member of the person's household in the Territory;
(d) any wood less than 100 cm2 in volume;
(e) any wood less than 4 mm thick;
(f) any wood treated with a preservative effective against
European house borer in accordance with the Australian
Standard for Preservative Treatments of Timber (AS 1604);
Part 2B Control of Cucumber Green Mottle Mosaic Virus
Plant Health Regulations 2011 21
(g) wooden pallets or packaging material from a supplier
approved under a compliance scheme administered by
Western Australia's Department of Primary Industries and
Regional Development.
Example for subregulation (4)(c)
The home furniture shipped by a family moving to the Territory.
Part 2B Control of Cucumber Green Mottle Mosaic
Virus
26E Application
This Part applies:
(a) if Cucumber Green Mottle Mosaic Virus is a declared pest
under the Act; and
(b) to a person who is the owner of a host plant and who grows it
for sale or export.
26F Definitions
In this Part:
farm biosecurity plan means a plan by an owner of a host plant
that specifies how the owner will manage the host plant at a place
to minimise the risk of infestation or spreading of Cucumber Green
Mottle Mosaic Virus in the Territory.
host plant means a declared host plant for Cucumber Green Mottle
Mosaic Virus.
26G Prohibition of export from the Territory
A person must not export from the Territory a host plant or the
following plant-related material of the host plant unless the person
does so in accordance with a written permit given by the Chief
Inspector:
(a) seeds;
(b) seedlings;
(c) tissue culture;
Part 3 Certification of plant health
Plant Health Regulations 2011 22
(d) bee hives.
Note for regulation 26G
Failure to comply with this regulation is an offence under section 17(6) of the Act.
26H Owner must have farm biosecurity plan for host plant
(1) An owner of a host plant must:
(a) have a farm biosecurity plan for the host plant; and
(b) comply with the farm biosecurity plan for the host plant.
(2) If an owner of a host plant has host plants at more than one place,
the owner must have a farm biosecurity plan for each place.
Note for regulation 26H
Failure to comply with this regulation is an offence under section 17(6) of the Act.
26J Owner must produce farm biosecurity plan to inspector
The owner of a host plant must produce the farm biosecurity plan
for the host plant to an inspector on request.
Note for regulation 26J
Failure to comply with this regulation is an offence under section 17(6) of the Act.
26K Inspector may vary farm biosecurity plan
An inspector may, by written notice to the owner of a host plant,
vary a farm biosecurity plan that applies to the owner.
Part 3 Certification of plant health
27 Certificates
A government certificate or interstate assurance certificate required
under these Regulations must be in force at the time of introduction.
28 Matters specified in certificate
(1) If a government certificate or interstate assurance certificate is
required by these Regulations to accompany a plant or plant-
related material, the certificate must specify the name of each plant
(together with its genus and species) to which the certificate relates.
(2) Despite subregulation (1) and other provisions of these
Regulations, if a government certificate or interstate assurance
certificate accompanies a consignment of plants or plant-related
Part 4 Infringement notice and infringement notice offence
Plant Health Regulations 2011 23
materials, the certificate is taken to accompany each of the plants
or materials if it specifies the name of the genus and species
shared by all the plants to which the consignment relates.
(3) For subregulations (1) and (2), a name required to be specified in
the certificate may be specified in a document attached to the
certificate.
(4) In addition, for section 36(3) of the Act, in giving an inspection
certificate for a thing or place, an inspector may specify the result of
the inspection and any examination and treatment carried out in
connection with the inspection in the certificate.
29 Corresponding laws
For section 45 of the Act, each of the following is declared to be a
corresponding law:
(a) Biosecurity Act 2015 (NSW);
(b) Biosecurity Act 2014 (Qld);
(c) Biosecurity Act 2019 (Tas);
(d) Biosecurity and Agriculture Management Act 2007 (WA);
(e) Pest Plants and Animals Act 2005 (ACT) and Plant Diseases
Act 2002 (ACT);
(f) Plant Biosecurity Act 2010 (Vic);
(g) Plant Health Act 2009 (SA).
Part 4 Infringement notice and infringement notice
offence
30 Infringement notice offence and prescribed amount payable
(1) An infringement notice offence is an offence against a provision
specified in Schedule 3.
(2) The prescribed amount payable for an infringement notice offence
is the amount equal to the monetary value of the number of penalty
units specified for the offence in Schedule 3.
Part 4 Infringement notice and infringement notice offence
Plant Health Regulations 2011 24
31 When infringement notice may be given
If an inspector reasonably believes a person has committed an
infringement notice offence, the inspector may give a notice (an
infringement notice) to the person.
32 Contents of infringement notice
(1) The infringement notice must specify the following:
(a) the name and address of the person, if known;
(b) the date the infringement notice is given to the person;
(c) the date, time and place of the infringement notice offence;
(d) a description of the offence;
(e) the prescribed amount payable for the offence;
(f) the enforcement agency, as defined in the Fines and Penalties
(Recovery) Act 2001, to whom the prescribed amount is
payable.
(2) The infringement notice must include a statement to the effect of
the following:
(a) the person may expiate the infringement notice offence and
avoid any further action in relation to the offence by paying the
prescribed amount to the specified enforcement agency within
28 days after the notice is given;
(b) the person may elect under section 21 of the Fines and
Penalties (Recovery) Act 2001 to have the matter dealt with by
a court instead of under that Act by completing a statement of
election and giving it to the specified enforcement agency;
(c) if the person does nothing in response to the notice,
enforcement action may be taken under the Fines and
Penalties (Recovery) Act 2001, including (but not limited to)
action for the following:
(i) suspending the person's licence to drive;
(ii) seizing personal property of the person;
(iii) deducting an amount from the person's wages or salary;
(iv) registering a statutory charge on land owned by the
person;
Part 4 Infringement notice and infringement notice offence
Plant Health Regulations 2011 25
(v) making a community work order for the person and
imprisonment of the person if the person breaches the
order.
(3) Also, the infringement notice must include an appropriate form for
making the statement of election mentioned in subregulation (2)(b).
33 Payment by cheque
If the person tenders a cheque in payment of the prescribed
amount, the amount is not taken to have been paid unless the
cheque is cleared on first presentation.
34 Withdrawal of infringement notice
(1) The Chief Inspector may withdraw the infringement notice by
written notice given to the person.
(2) The notice must be given:
(a) within 28 days after the infringement notice is given to the
person; and
(b) before payment of the prescribed amount.
35 Application of Part
(1) This Part does not prejudice or affect the start or continuation of
proceedings for an infringement notice offence for which an
infringement notice has been given unless the offence is expiated.
(2) Also, this Part does not:
(a) require an infringement notice to be given; or
(b) affect the liability of a person to be prosecuted in a court for an
offence for which an infringement notice has not been given;
or
(c) prevent more than one infringement notice for the same
offence being given to a person.
(3) If more than one infringement notice for the same offence has been
given to a person, the person may expiate the offence by paying
the prescribed amount in accordance with any of the notices.
Part 5 Administrative matters
Plant Health Regulations 2011 26
Part 5 Administrative matters
36 Permit for introduction
(1) For these Regulations, the Chief Inspector may issue to a person a
permit for introduction into the Territory from a State or another
Territory of specified plants or plant-related materials.
(2) The Chief Inspector may do so only if satisfied the introduction will
not expose the Territory to the risk of infestation of any declared
pest.
(3) A permit for introduction may be subject to conditions imposed by
the Chief Inspector.
36A Export permit
(1) For these Regulations, the Chief Inspector may issue an export
permit to a person to export specified plants or plant-related
materials from the Territory to a State or another Territory.
(2) The Chief Inspector must not issue an export permit unless
satisfied the export will not contravene any plant health or
bio-security requirements of the State or the other Territory.
(3) An export permit may be subject to conditions imposed by the Chief
Inspector.
37 Inspector's powers for section 17 of the Act
(1) For section 17 of the Act, a Gazette notice under that section or
Parts 1 and 2 of these Regulations, an inspector may require a
person introducing a thing into the Territory to do any of the
following:
(a) present the thing to an inspector for examination;
(b) present a government certificate, interstate assurance
certificate or permit for introduction required by the notice or
these Regulations to accompany the thing.
(2) The inspector may exercise the power under subregulation (1) in a
way decided by the inspector (including, for example, by requiring
the presentation of a government certificate by email or in another
specified electronic form).
Part 5 Administrative matters
Plant Health Regulations 2011 27
38 Labelling of plants and plant products
(1) This regulation applies to any of the following that are consigned to
be transported to the Territory for sale in the Territory:
(a) plants that are nursery stock;
(b) plants intended to be used for propagation;
(c) plants that are consigned as farm produce (plant products),
other than any processed or manufactured goods derived from
plants.
(2) When the plants or plant products are introduced into the Territory,
a label meeting the requirements of subregulations (3) and (4) must
be attached to:
(a) the packaging for the plants or plant products; or
(b) the plants or plant products if they do not have any packaging.
(3) The following information must be included in the label:
(a) a description of the plants or plant products;
(b) the name and address of the consignor, grower, packer or
consignee for the plants or plant products;
(c) the place where the plants, or plants used in making the plant
products, were grown;
(d) the date the plants or plant products were packed for
transportation to the Territory;
(e) if the plants or plant products have been produced under a
plant health assurance scheme – the information required by
the scheme.
(4) In addition, the information must be:
(a) in English; and
(b) clear and legible; and
(c) in lettering no less than 5 mm in height.
Part 5 Administrative matters
Plant Health Regulations 2011 28
(5) A person who consigns plants or plant products to be transported to
the Territory as mentioned in subregulation (1) commits an offence
if subregulation (2), (3) or (4) is contravened in relation to the plants
or plant products.
Maximum penalty: 200 penalty units.
(6) An offence against subregulation (5) is an offence of strict liability.
(7) It is a defence to a prosecution for an offence against
subsection (5) if the defendant establishes a reasonable excuse.
(8) In this regulation:
packaging includes any container (for example, crate and carton)
and any kind of covering for individual plants, plant products or a
collection of plants or plant products.
40 Approved inspection, test and treatment for pests
(1) For these Regulations, the Chief Inspector may, in writing, approve
the way in which any of the following is to be carried out:
(a) a specified inspection for the detection of the presence of a
specified pest;
(b) a specified test for the detection of the presence of a specified
pest;
(c) a specified treatment for the control of a specified pest.
(2) However, the Chief Inspector must be satisfied about one or more
of the following before doing so:
(a) the inspection, test or treatment is specified in a code,
standard or protocol (whatever it is called) as currently in force
for detecting or controlling (as appropriate) the pest;
(b) the inspection, test or treatment is being used for a law of the
Commonwealth, a State or another Territory for detecting or
controlling (as appropriate) the pest;
(c) the inspection, test or treatment involves the use of a product
in a way that corresponds with the instructions specified by the
manufacturer of the product for detecting or controlling (as
appropriate) the pest in a document accompanying the
product;
Part 5 Administrative matters
Plant Health Regulations 2011 29
(d) the inspection, test or treatment involves the use of a product
in a way that corresponds with a provision in or under a law of
the Commonwealth, a State or another Territory for detecting
or controlling (as appropriate) the pest;
(e) the inspection, test or treatment reasonably corresponds with
generally accepted scientific view about detecting or
controlling (as appropriate) the pest.
Example for subregulation (2)(a) and (b)
A treatment specified under or for the Agricultural and Veterinary Chemicals
Code Act 1994 (Cth).
Schedule 1 Soil borne pests and snails
Plant Health Regulations 2011 30
Schedule 1 Soil borne pests and snails
regulation 12(1)
Item Scientific name of pest Common name of,
or condition
caused by, pest
1 Daktulosphaira vitifolii (Fitch) grape phylloxera
2 Globodera rostochiensis (Woll.)
Skarbilovich
potato cyst
nematode
3 Phytophthora cinnamomi Rands top rot or die back
4 Cantareus apertus (Born) Schultes green snail
5 Cernuella virgata (Da Costa) vineyard snail or
common white snail
6 Cochlicella acuta (Müller) pointed snail or
conical snail
7 Prietocella barbara (Linnaeus) small pointed snail
or small conical snail
8 Theba pisana (Müller) white Italian snail
9 Fusarium oxysporum f.sp.
cucumerinum J.H. Owen
cucumber fusarium
wilt
10 Fusarium oxysporum f. sp.
lycopersici W. C. Snyder & H. N.
Hansen
tomato fusarium wilt
11 Fusarium oxysporum f.sp. melonis
(Leach & Currence) Snyder &
Hansen
rockmelon fusarium
wilt
12 Fusarium oxysporum f.sp. niveum
(E.F. Sm.) Snyder & H.N. Hansen
watermelon fusarium
wilt
13 Fusarium oxysporum f. sp.
passiflorae W.L. Gordon
passionfruit fusarium
wilt
14 Fusarium oxysporum f.sp. pisi
(Linford) Snyder & Hansen
pea fusarium wilt
Schedule 2 Pests relating to Musa or Ensete
Plant Health Regulations 2011 32
Schedule 2 Pests relating to Musa or Ensete
regulation 15(1)(b)
Scientific name of pest Common name of, or condition
caused by, pest
Banana bract mosaic virus banana bract mosaic
Banana streak virus banana streak
Banana bunchy top virus banana bunchy top
Cosmopolites sordidus (Germar) banana weevil borer or banana root
weevil
Cucumber mosaic virus banana infectious chlorosis
Erwinia chrysanthemi Burkholder,
McFadden & Dimock
banana corm and rhizome rot
Fusarium oxysporum Schlecht. ex
Fries f.sp. cubense (E.F. Smith)
Snyder & Hansen. Race 1, Race 2,
Race 4 and Tropical Race 4
banana fusarium wilt
Guignardia musae Racib banana freckle
Helicotylenchus multicinctus (Cobb)
Golden
spiral nematode
Mycosphaerella eumusae Crous &
Mour
eumusae leaf spot
Mycosphaerella fijiensis M. Morelet banana black sigatoka
Radopholus similis (Cobb) Thorne burrowing nematode or banana root
nematode
Ralstonia solanacearum (Smith)
Yabuuchi et al. biovar 1 or race 2
banana bacterial wilt or bugtok or
moko disease of banana
Schedule 3 Infringement notice offences and prescribed amounts
Plant Health Regulations 2011 33
Schedule 3 Infringement notice offences and prescribed
amounts
regulation 30(2)
Provision Prescribed amount in penalty units
section 19(6) of Act 5
section 25(3) of Act 3
section 27(3) of Act 2
section 28(3) of Act 2
section 37(6) of Act 3
ENDNOTES
Plant Health Regulations 2011 34
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Plant Health Regulations (SL No. 20, 2011)
Notified 18 May 2011
Commenced 1 July 2011 (r 2, s 2 Plant Health Act 2008 (Act No. 37, 2008)
and Gaz G26, 29 June 2011, p 2)
Plant Health Amendment (Soil Borne Pests and Snails) Regulations 2012
(SL No. 4, 2012)
Notified 8 February 2012
Commenced 8 February 2012
Plant Health Amendment Regulations 2014 (SL No. 36, 2014)
Notified 11 November 2014
Commenced 11 November 2014
Plant Health Amendment (Control of Cucumber Green Mottle Mosaic Virus)
Regulations 2016 (SL No. 2, 2016)
Notified 10 March 2016
Commenced 10 March 2016
Plant Health Amendment Regulations 2017 (SL No. 22, 2017)
Notified 4 July 2017
Commenced 4 July 2017
Plant Health Amendment Regulations 2019 (SL No. 23, 2019)
Notified 21 August 2019
Commenced 21 August 2019
Plant Health Amendment Regulations 2020 (SL No. 18, 2020)
Notified 1 July 2020
Commenced 1 July 2020
ENDNOTES
Plant Health Regulations 2011 35
Statute Law Revision Act (Act No. 26, 2020)
Assent date 19 November 2020
Commenced 20 November 2020 (s 2)
Plant Health Amendment Regulations 2021 (SL No. 20, 2021)
Notified 22 December 2021
Commenced 22 December 2021
Agriculture Legislation Amendment Regulations 2025 (SL No. 4, 2025)
Notified 22 May 2025
Commenced 23 May 2025 (r 2)
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: rr 1 and 32.
4 LIST OF AMENDMENTS
r 3 amd No. 36, 2014, r 3, No. 22, 2017, r 3; No. 18, 2020, r 4; Act No. 26, 2020,
s 3
r 4A ins No. 18, 2020, r 5
r 5 rep No. 18, 2020, r 6
r 7 sub No. 18, 2020, r 7
amd No. 4, 2025, r 35
r 7A ins No. 18, 2020, r 7
amd No. 4, 2025, r 36
r 8 amd No. 18, 2020 r 18
r 9 amd No. 18, 2020 r 18; No. 4, 2025, r 37
r 10 amd No. 18, 2020 r 18
r 11 sub No. 18, 2020, r 8
pt 2 hdg amd No. 36, 2014, r 4
r 12 sub No. 4, 2012, r 3
amd No. 18, 2020, r 9; No. 4, 2025, r 38
r 13 amd No. 18, 2020 r 18
rep No. 20, 2021, r 4
rr 14 – 16 amd No. 18, 2020 r 18
r 17 sub No. 18, 2020, r 10
amd No. 4, 2025, r 39
rr 19 – 20 amd No. 18, 2020 r 18
r 21 rep No. 23, 2019, r 4
r 22 amd No. 18, 2020 r 18; No. 4, 2025, r 40
r 24 sub No. 18, 2020, r 11
r 25A ins No. 18, 2020, r 12
r 26 sub No. 18, 2020, r 12
pt 2A hdg ins No. 36, 2014, r 5
rep No. 18, 2020, r 12
r 26A ins No. 36, 2014, r 5
amd No. 18, 2020, r 12
rep No. 20, 2021, r 4
r 26B ins No. 36, 2014, r 5
amd No. 22, 2017, r 4
sub No. 18, 2020, r 12
r 26C sub No. 18, 2020, r 12
ENDNOTES
Plant Health Regulations 2011 36
r 26D ins No. 36, 2014, r 5
rep No. 22, 2017, r 5
pt 2B hdg ins No. 2, 2016, r 3
rr 26E – 26K ins No. 2, 2016, r 3
r 27 sub No. 18, 2020, r 13
r 28 amd No. 18, 2020 r 18
r 29 sub No. 18, 2020, r 14
r 30 amd No. 36, 2014, r 6
r 36 amd No. 18, 2020, r 15
r 36A ins No. 18, 2020, r 16
r 37 amd No. 18, 2020 r 18
r 39 rep No. 18, 2020, r 17
sch 3 amd No. 36, 2014, r 7