Queensland Consolidated Acts Queensland Consolidated Acts(1) The Governor in Council may by regulation, or, if the Minister considers urgent action is needed, the Minister may by notice, declare any area to be a pest quarantine area and may define the boundaries of the quarantine area so declared.
(2) A regulation or notice under subsection (1) may declare the objects and nature of the quarantine imposed for a pest quarantine area including--
(a) a pest infestation for which the quarantine is declared; and
(b) the duties and obligations imposed upon owners of land within the pest quarantine area or part thereof or imposed upon any other person in order to achieve the objects of the quarantine; and
(c) the prohibitions and restrictions imposed for the movement within or into or out of the pest quarantine area or part thereof of any pest, plant, soil, appliance or other matter or thing.
(2A) In declaring, for subsection (2)(b), the duties and obligations imposed on owners of land, or on any other person in order to achieve the objects of the quarantine, a regulation or notice under subsection (1)--
(a) may include requirements for--
(i) the treatment or destruction of plants, including plants that are not the subject of pest infestation; or
(ii) the treatment of any soil or appliance, or of anything else; and
(b) may include requirements for some or all of the treatment or destruction mentioned in paragraph (a) be performed by, or under the direction of, an inspector; and
(c) may include a requirement for the cost of treatment or destruction performed by, or under the direction of, an inspector to be at the cost of the owners or the other person; and
(d) may include requirements applying to any person--
(i) who is not the owner of any land, plant, soil or appliance, or of anything else, in the pest quarantine area; or
(ii) who is not otherwise associated with the pest quarantine area.
(2B) A regulation or notice under subsection (1) may--
(a) establish 2 or more categories for areas within the pest quarantine area; and
(b) declare any area within the pest quarantine area, or provide for the chief executive to declare any area within the pest quarantine area, to be an area of a particular category; and
(c) provide for different requirements to apply for areas of different categories.
(3) A notice under subsection (1) is subordinate legislation.
(4) Instead of there being a regulation or notice under subsection (1) declaring particular land to be a pest quarantine area or a part thereof, the Minister may accept an undertaking in the approved form given by the owner that the owner shall comply with conditions imposed by the Minister in respect of the undertaking either at the time of the acceptance or thereafter.
(5) An owner who gives an undertaking for the purposes of subsection (4) shall comply with the conditions imposed from time to time by the Minister in respect thereof.
(6) Land may be declared to be a pest quarantine area or part thereof pursuant to subsection (1) notwithstanding that an undertaking in respect thereof has previously been accepted by the Minister pursuant to subsection (4).
(7) An inspector may give a direction, or may take an action, if the direction or action is necessary or convenient to ensure a person complies with, or to allow a person to be exempted from--
(a) a regulation or notice under subsection (1); or
(b) the conditions imposed for an undertaking given under this section; or
(c) the declared objects of a quarantine imposed under a regulation or notice under subsection (1).
(8) Subsection (7) does not limit another provision of this Act.
(9) A notice under subsection (1) remains in force until whichever of the following first happens--
(a) the commencement into effect of a regulation under subsection (1) in relation to the same matter;
(b) the end of 3 months.
(10) A person must not--
(a) contravene a regulation or notice made for the purposes of this section; or
(b) contravene a condition imposed by the Minister under subsection (4); or
(c) contravene a direction given by an inspector under subsection (7); or
(d) obstruct an inspector in the exercise of powers under this section.
Maximum penalty for subsection (10)--2000 penalty units.