Biosecurity (First Point of Entry—Port of Norfolk Island) Determination 2022 I, Barbara Cooper, as delegate of the Director of Biosecurity, make the following determination. Dated 8 March 2022 Barbara Cooper Assistant Secretary Biosecurity Operations Division Department of Agriculture, Water and the Environment Contents Part 1—Preliminary 1 Name 2 Commencement 3 Authority 4 Definitions Part 2—First point of entry 5 First point of entry—vessels 6 First point of entry—goods Part 3—Biosecurity entry points 7 Biosecurity entry points—vessels 8 Biosecurity entry points—goods Part 4—Conditions 9 Conditions—notifying Agriculture Department of changes Part 1—Preliminary 1 Name This instrument is the Biosecurity (First Point of Entry—Port of Norfolk Island) Determination 2022. 2 Commencement (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. The whole of this instrument 16 March 2022. 16 March 2022 Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument. (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument. 3 Authority This instrument is made under subsection 229(1) of the Biosecurity Act 2015. 4 Definitions Note: A number of expressions used in this instrument are defined in section 9 of the Act. In this instrument: Act means the Biosecurity Act 2015. freight container means a re‑usable container: (a) that is designed to be used to transport goods by one or more modes of transport; and (b) that can be transferred from one mode of transport to another without unloading the goods from the container; and (c) that is known as a 20‑foot‑long container or a 40‑foot‑long container. general goods means goods other than baggage, freight containers, live horses or waste. goods means goods (as defined by section 19 of the Act): (a) that are subject to biosecurity control; or (b) in relation to which an exposed goods order is in force. inorganic bulk goods means chemicals, ores, minerals or gases that: (a) are brought or imported into Australian territory in bulk; and (b) do not contain animals, plants, organic compounds or microbes. non‑commercial vessel has the same meaning as in the Biosecurity Regulation 2016. non‑commercial vessel baggage means baggage carried on a non‑commercial vessel. non‑commercial vessel waste means waste carried on a non‑commercial vessel. passenger vessel baggage means baggage carried on a passenger vessel. vessel means a vessel (as defined by section 9 of the Act) that is subject to biosecurity control. waste means goods: (a) that are subject to biosecurity control; and (b) that are intended, by the person in charge of the vessel on which the goods are carried, to be disposed of. Part 2—First point of entry 5 First point of entry—vessels Port of Norfolk Island is a first point of entry for vessels generally. 6 First point of entry—goods Port of Norfolk Island is a first point of entry for the following classes of goods: (a) baggage other than passenger vessel baggage; (b) general goods; (c) non-commercial vessel waste. Note 1: Port of Norfolk Island is not a first point of entry for any other goods. Note 2: For other matters relating to whether particular goods may be brought into a particular first point of entry, see sections 173 and 174 of the Act (which deal with prohibited goods and conditionally non‑prohibited goods) and any determinations made under those sections. Part 3—Biosecurity entry points 7 Biosecurity entry points—vessels Each area of Port of Norfolk Island specified in column 2 of an item of the following table is designated as a biosecurity entry point for a vessel, or a vessel included in a class of vessels, specified in column 1 of the item. Biosecurity entry points—vessels Item Column 1 Column 2 Vessels Areas 1 All vessels The following areas: (a) Cascade Bay Anchorage; (b) Sydney Bay (Kingston) Anchorage 2 Vessels other than non‑commercial vessels and passenger vessels Ball Bay Anchorage Note: A vessel that has arrived at Port of Norfolk Island must be brought to a biosecurity entry point for the vessel at that port as soon as practicable (see section 246 of the Act). 8 Biosecurity entry points—goods Each area of Port of Norfolk Island specified in column 2 of an item of the following table is designated as a biosecurity entry point for goods, or goods included in a class of goods, specified in column 1 of the item. Biosecurity entry points—goods Item Column 1 Column 2 Goods Areas 1 All of the following: The following areas: (a) baggage other than non-commercial vessel baggage or passenger vessel baggage (a) Ball Bay Anchorage; (b) inorganic bulk goods (b) Cascade Bay Pier; (c) Kingston Pier 2 All of the following: The following areas: (a) general goods; (a) Cascade Bay Pier; (b) non‑commercial vessel baggage; (b) Kingston Pier (c) non-commercial vessel waste Note: If a vessel has arrived at Port of Norfolk Island and is carrying goods that are to be unloaded from the vessel, those goods must be brought to a biosecurity entry point for those goods as soon as practicable (see section 147 of the Act). Part 4—Conditions 9 Conditions—notifying Agriculture Department of changes (1) The determination of Port of Norfolk Island as a first point of entry by this instrument is subject to the conditions in this section. (2) If the owner (or, if there is more than one owner, an owner) of Port of Norfolk Island becomes aware that there has been, or will be, a change to the business entity operating: (a) Port of Norfolk Island; or (b) a biosecurity entry point at Port of Norfolk Island; the owner (or, if there is more than one owner, an owner) must give the Agriculture Department, in writing, notice of the change as soon as practicable after becoming aware that the change has occurred or will occur. (3) If the lessee (if any) (or, if there is more than one lessee, a lessee) of Port of Norfolk Island becomes aware that there has been, or will be, a change to the business entity operating: (a) Port of Norfolk Island; or (b) a biosecurity entry point at Port of Norfolk Island; the lessee (or, if there is more than one lessee, a lessee) must give the Agriculture Department, in writing, notice of the change as soon as practicable after becoming aware that the change has occurred or will occur. (4) If a person or body that is responsible for carrying out operations at Port of Norfolk Island proposes to make a change referred to in subsection (5), the person or body must give the Agriculture Department, in writing, reasonable notice of the proposed change. (5) For the purposes of subsection (4), the changes are as follows: (a) a change to the procedures at Port of Norfolk Island providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Norfolk Island; (b) a change to the facilities or amenities available at Port of Norfolk Island for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Norfolk Island; (c) a change to the procedures at Port of Norfolk Island that may affect the ability of a person who carries out operations at Port of Norfolk Island to identify biosecurity risks associated with those operations; (d) a change to the procedures at Port of Norfolk Island that may affect the ability for biosecurity officials or human biosecurity officials to be informed of any identified biosecurity risks associated with operations carried out at Port of Norfolk Island; (e) a change to the procedures at Port of Norfolk Island for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Norfolk Island.