S.R. No. 62/2006
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
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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;
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"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
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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
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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
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(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
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(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
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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.
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10 penalty units.
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Part 3—Marking, Identification and Cleaning
12. Reconditioning and cleaning of used packages
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(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.
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(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.
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10 penalty units.
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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
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(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).
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Part 5—Infringement Notices
17. Prescribed offences
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(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.
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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]
|
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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
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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:
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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)
|
25 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
|
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Sch. 4
Section 57(6)
|
5 penalty units
|
Regulation 15(2)
|
1 penalty unit
|
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