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Plant Health and Plant Products Regulations 2006 S. R. No. 62/2006 table of provisions


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Plant Health and Plant Products Regulations 2006

S.R. No. 62/2006


table of provisions

Regulation Page



Part 1—Preliminary 1

1. Objectives 1

2. Authorising provision 2

3. Commencement 2

4. Revocation 2

5. Definitions 2

Part 2—Plant Pest and Disease Control 4

6. Prescribed materials 4

7. Prescribed States and Territories 5

8. Requirement to possess certificate or declaration with prescribed materials 5

9. Prescribed place for inspection, examination and treatment 9

10. Prescribed particulars for certificates and declarations 9

11. Requirement to present certificate or declaration for inspection 10

Part 3—Marking, Identification and Cleaning 11

12. Reconditioning and cleaning of used packages 11

13. Prescribed fruit and vegetables for marking locality 11

14. Prescribed plants and plant products requiring identification for propagation 12

15. Warnings 12

Part 4—Fees and Charges 13

16. Fees and charges 13

Part 5—Infringement Notices 15

17. Prescribed offences 15

__________________ 15

SCHEDULES 16

SCHEDULE 1 16

Prescribed Fruit And Vegetables 16

SCHEDULE 2 22

Warning 22

Stop Sale 22

SCHEDULE 3 23

Infringement Notice 23

SCHEDULE 4 24

Penalties 24

═══════════════ 27

ENDNOTES 28



statutory rules 2006

S.R. No. 62/2006




Plant Health and Plant Products Act 1995


Plant Health and Plant Products Regulations 2006


The Governor in Council makes the following Regulations:

Dated: 6 June 2006

Responsible Minister:

BOB CAMERON

Minister for Agriculture

ruth leach

Clerk of the Executive Council

Part 1—Preliminary

1. Objectives

The objectives of these Regulations are

(a) to require the possession of assurance certificates, plant health certificates and plant health declarations in certain circumstances;

(b) to require the presentation of certificates or declarations in certain circumstances;

(c) to prescribe the manner of attaching a warning to seized or detained packages, plants or plant products;

(d) to prescribe requirements for the reconditioning of used packages;

(e) to specify activities for which inspectors can impose fees and charges;

(f) to prescribe forms, penalties for infringement notices and other matters authorised by the Act.

2. Authorising provision


r. 2

These Regulations are made under section 72 of the Plant Health and Plant Products Act 1995.

3. Commencement

These Regulations come into operation on 8 June 2006.

4. Revocation

The following regulations are revoked

(a) the Plant Health and Plant Products Regulations 19961;

(b) the Plant Health and Plant Products (Amendment) Regulations 19972.

5. Definitions

In these Regulations

"grape phylloxera" means the pest Daktulosphaira vitifolii (Fitch);

"phylloxera exclusion zone" means—

(a) another State or a Territory the corresponding law of which (or a subordinate instrument under the corresponding law of which) has as one of its purposes the prevention of the entry of grape phylloxera into that State or Territory; or

(b) part of another State or a Territory that has been identified under a corresponding law for the purpose of preventing the entry of grape phylloxera into that part of the State or Territory;

"plant or plant product of the genus Vitis" includes grapevines, potted vines, cuttings, rootlings, leaves, stems, grapes for table use or wine making, grape marc or grape must, fresh, clarified or filtered grape juice and plant samples of the genus Vitis taken for diagnostic purposes;

"potato cyst nematode" means the pest Globodera rostochiensis (Wollenweber) Skarbilovich;


r. 5

"root vegetable" includes beetroot, carrot, parsnip, potato, radish, rutabaga, sweet potato, swede turnip and turnip;

"State department of agriculture" includes a department in another State or Territory administering a corresponding law;

"the Act" means the Plant Health and Plant Products Act 1995.

__________________

Part 2—Plant Pest and Disease Control

6. Prescribed materials



r. 6

The following plants, plant products, plant vectors, used packages, used agricultural equipment and soils are prescribed materials for the purposes of section 6 of the Act

(a) material that is a host to an exotic pest or exotic disease in relation to which a restricted area is declared under section 20 of the Act;

(b) a plant or plant product of the genus Vitis;

(c) agricultural equipment used to cultivate, harvest, pack or process any plant or plant product of the genus Vitis;

(d) a package used to contain any plant or plant product of the genus Vitis;

(e) soil, including samples of soil for diagnostic purposes, that originates from a property on which plants or plant products of the genus Vitis are grown;

(f) root vegetables, bulbs, nursery plants or seedlings that have been grown in soil or in a soil free medium in contact with soil;

(g) agricultural equipment used to cultivate, harvest, pack or process root vegetables, bulbs, nursery plants or seedlings to which paragraph (f) applies;

(h) a package used to contain any root vegetables, bulbs, nursery plants or seedlings to which paragraph (f) applies;
(i) soil, including samples of soil for diagnostic purposes, in which root vegetables, bulbs, nursery plants or seedlings to which paragraph (f) applies have been grown.

7. Prescribed States and Territories



r. 7

For the purposes of section 6 of the Act

(a) New South Wales, Queensland, Tasmania, South Australia and Western Australia are prescribed States; and

(b) the Northern Territory and the Australian Capital Territory are prescribed Territories.

8. Requirement to possess certificate or declaration with prescribed materials

(1) These Regulations require compliance with section 6(1)(c) of the Act in respect of the material prescribed in regulation 6 other than the material set out in sub-regulation (2) of this regulation.

(2) Compliance with section 6(1)(c) of the Act is not required by these Regulations in respect of the movement of

(a) a plant or plant product of the genus Vitis from a phylloxera exclusion zone or from any State or Territory or part of a State or Territory for which a certificate is issued by an officer of the relevant State department of agriculture that contains the details required by sub-regulation (3) that grape phylloxera is known not to occur in the area where that plant or plant product was grown; or

(b) agricultural equipment used to cultivate, harvest, pack or process any plant or plant product of the genus Vitis from a phylloxera exclusion zone or from any State or Territory or part of a State or Territory for which a certificate is issued by an officer of the relevant State department of agriculture that contains the details required by sub-regulation (3) and states that grape phylloxera is known not to occur in the area where that plant or plant product was grown; or

(c) a package used to contain any plant or plant product of the genus Vitis from a phylloxera exclusion zone or from any State or Territory or part of a State or Territory for which a certificate is issued by an officer of the relevant State department of agriculture that contains the details required by sub-regulation (3) and states that grape phylloxera is known not to occur in the area where that plant or plant product was grown; or


r. 8

(d) soil, including samples of soil for diagnostic purposes, that originates from a property where plants or plant products of the genus Vitis are grown from a phylloxera exclusion zone or from any State or Territory or part of a State or Territory for which a certificate is issued by an officer of the relevant State department of agriculture that contains the details required by sub-regulation (3) and states that grape phylloxera is known not to occur in the area where that plant or plant product was grown; or

(e) root vegetables, bulbs, nursery plants or seedlings from any State or Territory or part of a State or Territory for which a certificate is issued by an officer of the relevant State department of agriculture that contains the details required by sub-regulation (3) and states that potato cyst nematode is known not to occur in the area where the root vegetables, bulbs, nursery plants or seedlings were grown; or

(f) agricultural equipment used to cultivate, harvest, pack or process root vegetables, bulbs, nursery plants or seedlings from any State or Territory or part of a State or Territory for which a certificate is issued by an officer of the relevant State department of agriculture that contains the details required by sub-regulation (3) and states that potato cyst nematode is known not to occur in the area where the root vegetables, bulbs, nursery plants or seedlings were grown; or

(g) a package used to contain root vegetables, bulbs, nursery plants or seedlings from any State or Territory or part of a State or Territory for which a certificate is issued by an officer of the relevant State department of agriculture that contains the details required by sub-regulation (3) and states that potato cyst nematode is known not to occur in the area where the root vegetables, bulbs, nursery plants or seedlings were grown; or



r. 8

(h) soil, including samples of soil for diagnostic purposes, in which root vegetables, bulbs, nursery plants or seedlings have been grown from any State or Territory or part of a State or Territory for which a certificate is issued by an officer of the relevant State department of agriculture that contains the details required by sub-regulation (3) and states that potato cyst nematode is known not to occur in the area where the root vegetables, bulbs, nursery plants or seedlings were grown; or

(i) a plant in tissue culture.


(3) A certificate referred to in sub-regulation (2) must include the following details

(a) the name of the relevant pest or disease that is known not to occur in the area where the plant or plant products, or the root vegetables, bulbs, nursery plants or seedlings in relation to which the certificate is issued was or were grown, packed or stored;

(b) a description of the area referred to in paragraph (a);

(c) the signature of the officer who issued the certificate and his or her position;

(d) the name of the relevant State department of agriculture.

9. Prescribed place for inspection, examination and treatment



r. 9

For the purposes of section 6(1)(d) of the Act, the prescribed place is the Plant Standards Centre at the Melbourne Wholesale Fruit and Vegetable Market.

10. Prescribed particulars for certificates and declarations

For the purposes of sections 6(2A)(b), (2B)(b) and (2C)(b) of the Act, the other prescribed particular for an assurance certificate, a plant health certificate or a plant health declaration is information that identifies the prescribed materials to which the certificate or declaration relates.
11. Requirement to present certificate or declaration for inspection

A person who is required by an inspector under section 6(1)(d) of the Act to present any prescribed material for inspection, examination or treatment must also present for inspection any assurance certificate, plant health certificate or plant health declaration that accompanies the prescribed material.



r. 11

  1. 10 penalty units.

__________________

Part 3—Marking, Identification and Cleaning

12. Reconditioning and cleaning of used packages


r. 12

(1) For the purposes of section 34(1)(b)(ii) of the Act, an expanded polystyrene package is reconditioned in accordance with the regulations if the package

(a) is free of all unwanted marks, brands and labels; and

(b) is washed, scrubbed, or otherwise treated to remove all stains and traces of soil, dirt and waste matter from its surfaces.

(2) For the purposes of section 34(1)(b)(ii) of the Act, a fibreboard package is reconditioned in accordance with the regulations if the package

(a) is washed, wiped or otherwise treated to remove all stains and traces of soil, dirt and waste matter from its surfaces; and

(b) is free of all old unwanted marks, brands and labels or the marks, brands and labels are covered so that they cannot be seen; and

(c) is not turned inside out for reuse.

13. Prescribed fruit and vegetables for marking locality

The fruit and vegetables listed in Schedule 1 are prescribed for the purposes of section 35(1)(e) of the Act.

14. Prescribed plants and plant products requiring identification for propagation

For the purposes of section 39 of the Act, a berry cane, fruit tree, fruit tree budwood, garlic clove, potato tuber, strawberry runner, vine rootling and vine cutting are prescribed plants or plant products.

15. Warnings

(1) For the purposes of section 52(1)(j) of the Act, the prescribed manner of attaching a warning to any package or any plants or plant products seized or detained by an inspector or inspection agent is to attach a label in the form in Schedule 2 to the package, plants or plant products.


r. 15

(2) A person must not

(a) detach a warning or cause or permit it to be detached without the written consent of the inspector or inspection agent who attached it to the package; or

(b) deface or obscure a warning or permit it to be defaced or obscured.


  1. 10 penalty units.

__________________

Part 4—Fees and Charges

16. Fees and charges

(1) An inspector may impose fees and charges at the amounts or rates fixed by the Minister under section 46 of the Act for



r. 16

(a) inspecting plants, plant products, packages or equipment; and

(b) inspection of any land including the inspection of plants growing on the land; and

(c) supervising the treatment of any plants, plant products, used packages, used agricultural equipment or land; and

(d) supervising the destruction or disposal of any plants, plant products, used packages, plant refuse or used agricultural equipment.

(2) The owner or the person apparently in charge of the consignment of plants, plant products, used packages, used agricultural equipment or land referred to in sub-regulation (1) must pay the relevant fee or charge.

(3) An inspector may impose fees and charges at the amounts or rates determined by the Minister under section 46 of the Act for

(a) the preparation of a compliance agreement; and

(b) the monitoring of any compliance agreement entered into under section 43 of the Act to ensure it is complied with.

(4) The person requesting the preparation of a compliance agreement must pay the fees and charges referred to in sub-regulation (3)(a).

(5) A party to a compliance agreement, other than the Crown, must pay the fees and charges referred to in sub-regulation (3)(b).


r. 16
__________________

Part 5—Infringement Notices

17. Prescribed offences


r. 17

(1) For the purposes of section 60(1) of the Act, an offence against regulation 15(2) is a prescribed offence.

(2) For the purposes of section 61(a) of the Act, the prescribed form for an infringement notice is the form in Schedule 3.

(3) For the purposes of section 63 of the Act, the penalty for an offence for which an infringement notice may be issued is the penalty listed opposite that offence in Schedule 4.

__________________



SCHEDULES

SCHEDULE 1



Sch. 1

Regulation 13

Prescribed Fruit And Vegetables



Abiu

Pouteria caimito (Ruiz & Pavon) Radlk. [Sapotaceae]

Acerola

Malpighia glabra L. [Malpighiaceae]




Malpighia emarginata Sessé & Moc. ex DC. [Malpighiaceae]

Apple

Malus domestica Bork L. [Rosaceae]

Apricot

Prunus armeniaca L. [Rosaceae]

Avocado

Persea americana Mill. [Lauraceae]

Babaco

Carica pentagona Heilborn [Caricaceae]

Banana

Musa acuminata Colla [Musaceae]

Black Sapote

Diospyros dignya Jacq. [Ebenaceae]

Blackberry

Rubus fruticosus L. [Rosaceae]

Blueberry

Vaccinium corymbosum L. [Ericaeae]

Brazil Cherry

Eugenia uniflora L. [Myrtaceae]

Breadfruit

Artocarpus altilis (Parkinson) Fosberg [Moraceae]

Caimito (Star Apple)

Chrysophyllum cainito L. [Sapotaceae]

Cape Gooseberry

Physalis peruviana L. [Solanaceae]

Capsicum

Capsicum L. [Solanaceae]

Carambola (Starfruit)

Averrhoa carambola L. [Oxalidaceae]

Cashew Apple

Anacardium occidentale L. [Anacardiaceae]

Casimiro (White Sapote)

Casimiroa edulis Llave & Lex. [Rutaceae]

Cherimoya

Annona cherimola Miller [Annonaceae]

Cherry

Prunus avium L. [Rosaceae]

Chilli

Capsicum annuum L. [Solanaceae]

Choko

Sechium edule (Jacq.) Sw. [Cucurbitaceae]

Citron

Citrus medica L. [Rutaceae]

Coffee Berry

Coffea L. [Rubiaceae]

Cumquat

Fortunella japonica (Thunb.) Swingle [Rutaceae]




Fortunella margarita (Lour.) Swingle [Rutaceae]

Custard Apple

Annona reticulata L. [Annonaceae]

Date

Phoenix dactylifera L. [Arecaceae]

Dragon Fruit (Than Lung)

Hylocereus undatus (Haw.) Britt. & Rose [Cactaceae]

Durian

Durio zibethinus Murray [Bombacaceae]

Eggplant

Solanum melongena L. [Solanaceae]


Sch. 1



Feijoa

Acca sellowiana (O. Berg) O. Berg [Myrtaceae]

Fig

Ficus carica L. [Moraceae]

Granadilla

Passiflora quadrangularis L. [Passifloraceae]

Grape

Vitis vinifera L. [Vitaceae]

Grapefruit

Citrus × paradisi Macfad. (pro sp.) [Rutaceae]

Grumichama

Eugenia braziliensis Lam. [Myrtaceae]

Guava

Psidium guajava L. [Myrtaceae]




Psidium cattleianum Sabine [Myrtaceae]




Psidium friedrichsthalianum (O. Berg) Niedenzu [Myrtaceae]

Hog Plum

Prunus umbellata Ell. [Rosaceae]

Jaboticaba

Myrciaria cauliflora (C. Martius) O. Berg [Myrtaceae]

Jackfruit

Artocarpus heterophyllus Lam. [Moraceae]

Kiwifruit

Actinidia chinensis Planchon [Actinidiaceae]

Lemon

Citrus limon L. Burm. f. [Rutaceae]

Lime

Citrus aurantifolia (Christm.) Swingle [Rutaceae]

Loganberry

Rubus loganobaccus L.H. Bailey [Rosaceae]

Longan

Dimocarpus longan Lour. [Sapindaceae]

Loquat

Eriobotrya japonica (Thunb.) Lindley [Rosaceae]

Lychee

Litchi chinensis Sonn. [Sapindaceae]

Mandarin

Citrus reticulata Blanco [Rutaceae]

Mango

Mangifera indica L. [Anacardiaceae]

Mangosteen

Garcinia mangostana L. [Clusiaceae]

Medlar

Mespilus germanica L. [Rosaceae]

Miracle Fruit

Synsepalum dulcificum (Schumacher & Thonn.) Daniell [Sapotaceae]

Monstera

Monstera deliciosa Liebm. [Araceae]

Mulberry

Morus nigra L. [Moraceae]


Sch. 1



Nashi

Pyrus pyrifolia (Burm. F.) Nakai [Rosaceae]

Nectarine

Prunus persica (L.) Batsch var. nucipersica (Suckow) C. Schneider [Rosaceae]

Olive

Olea L. [Oleaceae]

Orange

Citrus sinensis (L.) Osbeck [Rutaceae]

Passionfruit

Passiflora edulis Sims [Passifloraceae]

Pawpaw

Carica papaya L. [Caricaceae]

Peach

Prunus persica (L.) Batsch [Rosaceae]

Pear

Pyrus communis L. [Rosaceae]

Pepino

Solanum muricatum Aiton [Solanaceae]

Persimmon

Diospyros kaki L.f. [Ebenaceae]

Plum

Prunus domestica L. [Rosaceae]

Plumcot

Prunus domestica x Prunus ameniaca [Rosaceae]

Pomegranate

Punica granatum L. [Punicaceae]

Prickly Pear

Opuntia stricta (Haw.) Haw. [Cactaceae]

Pummelo

Citrus maxima (Burm. f.) Merr. [Rutaceae]

Quince

Cydonia oblonga P. Mill. [Rosaceae]

Rambutan

Nephelium lappaceum L. [Sapindaceae]

Raspberry

Rubus idaeus L. [Rosaceae]







Rollinia

Rollinia pulchrinervis A. DC. [Annonceae]




Rollinia mucosa (Jacq.) Baill. [Annonceae]

Sapodilla

Manilkara zapota (L.) van Royen [Sapotaceae]

Soursop

Annona muricata L. [Annonceae]

Strawberry

Fragaria L. [Rosaceae]

Sweetsop (Sugar Apple)

Annona squamosa L. [Annonceae]

Tamarillo

Cyphomandra betacea (Cav) Sendtner [Solanaceae]

Tangelo

Citrus × tangelo J. Ingram & H. Moore [Rutaceae]

Tomato

Solanum lycopersicum L. [Solanaceae]

Wax jambu (Rose Apple)

Syzygium jambos L. Alston [Myrtaceae]

__________________


Sch. 1


SCHEDULE 2

Regulation 15(1)


Sch. 2


Warning

Stop Sale

The packages, plants or plant products to which this warning is attached do not comply with the Plant Health and Plant Products Act 1995. Any person selling or removing them or detaching this warning without the written consent of an inspector or defacing or obscuring this warning is guilty of an offence.


Items Quantity

Name of Inspector

Signature of Inspector

Date Time

__________________

SCHEDULE 3

Regulation 17(2)


Sch. 3
Infringement Notice

To

(Family Name) (Given Name/s)



Address:

Post Code

It is alleged that the offence indicated below was committed on the date and at the time and location shown below.

Date: Time:

Location:

Provision of the Act or regulations under which Infringement Notice given:

Offence:

Penalty: $

Name of Inspector (print):

Signature of Inspector:

Date of issue of notice:

__________________



SCHEDULE 4

Regulation 17(3)


Sch. 4
Penalties


    Provision of Act or Regulation

    Penalty

Section 6(1)

    5 penalty units in the case of a natural person

    10 penalty units in the case of a body corporate



Section 6(1A)

    5 penalty units in the case of a natural person

    10 penalty units in the case of a body corporate



Section 6(2)

    10 penalty units

Section 9(4)

    1 penalty unit

Section 12(2)

    5 penalty units in the case of a natural person

    10 penalty units in the case of a body corporate



Section 12(3)

    5 penalty units in the case of a natural person

    10 penalty units in the case of a body corporate



Section 12(4)

    5 penalty units in the case of a natural person

    10 penalty units in the case of a body corporate



    Section 13(4)

    25 penalty units in the case of a natural person

    5 penalty units in the case of a body corporate



    Section 14(2)

    5 penalty units in the case of a natural person

    10 penalty units in the case of a body corporate



    Provision of Act or Regulation

    Penalty

Section 19(1)

    5 penalty units in the case of a natural person

    20 penalty units in the case of a body corporate



Section 21(1)

    5 penalty units in the case of a natural person

    10 penalty units in the case of a body corporate



Section 22(3)

    5 penalty units

Section 25

    5 penalty units in the case of a natural person

    20 penalty units in the case of a body corporate



Section 29(4)

    5 penalty units

Section 32

    5 penalty units

Section 34(1)

    5 penalty units

Section 34(3)

    5 penalty units

Section 35(1)

    5 penalty units

Section 35(2)

    5 penalty units

    Section 39

    5 penalty units

    Section 41(1)

    5 penalty units

    Section 42

    5 penalty units

    Section 53(3)

    5 penalty units

    Section 54(4)

    5 penalty units


  1. Sch. 4


    Section 57(6)

    5 penalty units

    Regulation 15(2)

    1 penalty unit

═══════════════

ENDNOTES

Endnotes




1 Reg. 4(a): S.R. No. 44/1996 as amended by S.R. No. 158/1997.

2 Reg. 4(b): S.R. No. 158/1997.





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