Biosecurity and Agriculture Management Act 2007 (WA)

Western Australia Biosecurity and Agriculture Management Act 2007 Western Australia Biosecurity and Agriculture Management Act 2007 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Objects of Act 1 4. Relationship with other Acts 1 5. Act binds the Crown 1 6. Terms used 1 7. Meaning of contaminated 1 8. Meaning of owner in relation to land 1 9. Meaning of animal feed 1 10. When organism is to be taken to be on land 1 Part 2 — Biosecurity Division 1 — Permitted, prohibited and unlisted organisms 11. Permitted organisms 1 12. Prohibited organisms 1 13. Consultation with other Ministers and Biosecurity Council 1 14. Term used: unlisted organism 1 Division 2 — Importing organisms into Western Australia 15. Import restrictions 1 16. How to obtain import permit 1 17. Supply of unlawful import 1 18. Possession of unlawful import 1 19. Obligations of commercial passenger carrier 1 20. Obligation of commercial carrier 1 21. Reporting and presenting import 1 Division 3 — Biosecurity within Western Australia 22. Declared pests 1 23. Dealing with declared pest 1 24. Introducing or supplying declared pest 1 25. Authorised dealing with declared pest 1 26. Duty to report declared pest 1 27. Pest exclusion notice 1 28. SAT review: pest exclusion notice 1 29. Compliance with pest exclusion notice 1 30. Duty to control declared pest 1 31. Pest control notice 1 32. Compliance with pest control notice 1 33. Apportionment of costs of controlling declared pests on land 1 34. SAT review: costs of controlling declared pests 1 35. Pest keeping notice 1 36. Director General review: pest control notice or pest keeping notice 1 37. SAT review: pest control notice or pest keeping notice 1 38. Remedial action by Director General 1 39. Power to control pests 1 40. Agreements to supply pest control materials 1 41. Public authority may assist owner or occupier to control declared pest 1 42. Department may carry out operational work 1 Division 4 — Urgent measures 43. Director General may give directions for urgent measures to control declared pest 1 44. Director General may approve alternative measure or requirement 1 Division 5 — Management plans 45. Management plans 1 46. Consultation with affected persons 1 47. Management plans are subject to disallowance 1 Division 6 — Biosecurity Council 48. Biosecurity Council 1 49. Membership of Biosecurity Council 1 50. Functions of Biosecurity Council 1 51. Annual report 1 Part 3 — Residues on land, chemical products and adulteration Division 1 — Residues on land 52. Residue management notices 1 53. Duration of residue management notice 1 54. SAT review: residue management notices 1 55. Notification may be lodged with Registrar of Titles 1 Division 2 — Chemical products 56. Dealing with chemical products 1 57. Dealing with things that are treated, or not treated, with chemical product or are contaminated 1 58. Certain agreements void 1 Division 3 — Adulteration of agricultural products or animal feed 59. Terms used 1 60. Adulterating goods to cause public alarm or economic loss 1 61. Threatening to adulterate goods to cause public alarm or economic loss 1 62. Making false statements concerning adulteration of goods to cause public alarm or economic loss 1 Part 4 — Inspection and compliance Division 1 — Preliminary 63. Terms used 1 Division 2 — Inspection and other functions 64. Purposes for which an inspection may be carried out 1 65. Entry and access to place or conveyance, and inspection powers 1 66. Obtaining records 1 67. Other directions 1 Division 3 — Entry warrants 68. Applying for entry warrant 1 69. Applications, how they are to be made 1 70. Issuing an entry warrant 1 71. Effect of entry warrant 1 72. Report on entry and search 1 Division 4 — Seizure, treatment, destruction and recall powers 73. Power to seize, treat or destroy 1 74. SAT review: seizure 1 75. SAT review: forfeiture 1 76. Power to direct that organism or potential carrier be moved for treatment 1 77. Power to direct person to treat, refrain from treating, destroy or dispose of thing 1 78. SAT review: section 77 direction 1 79. Treatment or destruction to prevent risk 1 80. SAT review: treatment or destruction notice 1 81. Provisions do not limit making of regulations 1 82. Inspector may direct removal of organism or potential carrier 1 83. SAT review: direction to remove from State 1 84. Recall of organism or substance 1 85. Notice may be published 1 86. SAT review: recall notice 1 87. Remedial action 1 Division 5 — General 88. Time and place for compliance 1 89. Direction may be given orally or in writing 1 90. Exercise of power may be recorded 1 91. Use of force and assistance 1 92. Offences 1 93. Self‑incriminating information 1 Division 6 — Remedial action by Director General 94. Taking remedial action 1 95. Charge on land to secure cost of remedial action 1 96. Priority of charge 1 97. Dealing with certain charged land 1 98. Recovery of unpaid charge amount 1 99. Certificate of charge amount 1 100. Withdrawal of memorial 1 Division 7 — Registration of memorials and notices affecting land 101. Approved form of memorials and notices 1 102. Exemption from stamp duty 1 103. Notice to mortgagees 1 Part 5 — Legal proceedings Division 1 — Legal proceedings 104. Prosecutions, who may commence 1 105. Time for bringing prosecution 1 106. Court's power to make ancillary orders on conviction 1 107. Order as to costs of analysis 1 108. Penalties for continuing offences 1 109. Injunctions to ensure compliance with this Act 1 Division 2 — Responsibility of certain persons 110. Liability of officers for offence by body corporate 1 111. Liability of principal for acts of agent 1 112. Liability of employer for offence of employee 1 Division 3 — Evidentiary provisions 113. Term used: specified 1 114. Proof of exemptions 1 115. Evidence of place of offence 1 116. Evidence of seller or packer of container 1 117. Evidence of purpose or intent 1 118. Evidence of authorisation and enforcement matters 1 119. Evidence of scientific matters 1 120. Evidence of type or class of organism or thing 1 121. Documentary and signed evidence 1 122. Evidence of documents and service 1 123. Evidence of ownership or occupancy 1 124. Provisions are in addition to Evidence Act 1906 1 Division 4 — Modified penalties for certain offences 125. Terms used 1 126. Infringement notices 1 127. Withdrawal of infringement notice 1 128. Effect of payment of modified penalty 1 Part 6 — Financial provisions Division 1 — Declared Pest Account Subdivision 1 — General 129. Terms used 1 Subdivision 2 — Rates imposed on land 130. Determination of rate 1 131. Procedure for making rate determination 1 132. Minimum and maximum rates 1 133. Rates amounts 1 134. Multiple rating 1 135. Application of Taxation Administration Act 2003 and Land Tax Assessment Act 2002 1 136. Postponement of rates payable by pensioners 1 Subdivision 3 — Establishment and operation of Declared Pest Account 137. Declared Pest Account 1 138. Use of funds in Declared Pest Account 1 139. Appropriations against Consolidated Account 1 Division 2 — Industry funding schemes 140. Terms used 1 141. Establishment of accounts, management committees and schemes 1 142. Constitution and administration of prescribed accounts 1 143. Management committee 1 144. Contributions to account — prescribed scheme 1 145. Application of prescribed account 1 146. Treasurer may make advances to a prescribed account in event of a deficiency 1 147. Review of regulations 1 Division 3 — Modified Penalties Revenue Account 148. Modified Penalties Revenue Account 1 149. Use of funds in Modified Penalties Revenue Account 1 Part 7 — Administration Division 1 — The Western Australian Agriculture Authority 150. Western Australian Agriculture Authority 1 151. Purpose of Western Australian Agriculture Authority 1 152. Powers of Authority 1 153. Treasurer to consider proposals under section 152(3)(b) 1 154. Intellectual property 1 155. Execution of documents by Authority 1 156. Accountability under this Division 1 Division 2 — Compiling and publishing essential information 157. Publication of certain declarations 1 158. Records of status of various organisms 1 159. The department's electronic site 1 160. Information available on department's electronic site 1 161. Availability of published information 1 Division 3 — Inspectors 162. Appointment of inspectors 1 163. Director General has functions of inspector 1 164. Identification cards 1 Division 4 — Quarantine facilities, inspection points and other places 165. Arrangements for provision of quarantine facilities 1 166. Inspection points 1 167. Use of other places 1 Division 5 — Advisory groups and recognised biosecurity groups 168. Advisory groups 1 169. Recognised biosecurity groups 1 170. Funds available to recognised biosecurity groups 1 171. Publication of report by recognised biosecurity group 1 Division 6 — Service of documents 172. Service on Director General 1 173. Method of service 1 174. Alternative methods of service of documents relating to land 1 175. Service of notice by publication 1 176. Service where more than one owner or occupier 1 177. Time of service 1 178. Description of person or land 1 179. Documents binding on subsequent owners and occupiers 1 180. Non‑exclusivity of this Division 1 Division 7 — General 181. Delegation by Minister 1 182. Delegation by Director General 1 183. Arrangements with corresponding authorities 1 184. Information sharing 1 185. Results and other matters may be published 1 186. Compliance statements 1 187. Immunity from tortious liability 1 Part 8 — Regulations, codes of practice and local laws 188. Regulations — general power 1 189. Regulations prescribing high impact organisms 1 190. Regulations and management plans may adopt codes or legislation and other references 1 191. Codes of practice 1 192. Regulations and codes of practice: consultation 1 193. Local government may make local laws 1 Part 9 — Miscellaneous 194. Review of Act 1 Schedule 1 — Matters for which regulations may be made Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Biosecurity and Agriculture Management Act 2007 An Act to provide for — * the control of certain organisms; and * the use of agricultural and veterinary chemicals; and * the identification and attainment of standards of quality and safety for agricultural products, animal feeds, fertilisers and other substances and things; and * the establishment of a Declared Pest Account, a Modified Penalties Revenue Account and accounts for industry funding schemes; and * related matters.