Western Australian Consolidated Acts Western Australian Consolidated Acts1 This is a compilation of the Biosecurity and Agriculture
Management Act 2007 and includes the amendments made by the other
written laws referred to in the following table 1a.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
23 of 2007 |
12 Oct 2007 |
s. 1 and 2: 12 Oct
2007; |
|
|
Health Practitioner Regulation National Law (WA) Act 2010
Pt. 5 Div. 5 |
35 of 2010 |
1 Oct 2010 |
18 Oct 2010 (see s. 2(b) and Gazette
1 Oct 2010 p. 5075-6) |
|
Public Sector Reform Act 2010
s. 89 |
39 of 2010 |
1 Oct 2010 |
1 Dec 2010 (see s. 2(b) and Gazette
5 Nov 2010 p. 5563) |
|
Agriculture and Related Resources Protection Amendment
Act 2010 s. 68 |
46 of 2010 |
28 Oct 2010 |
18 Dec 2010 (see s. 2(b) and Gazette
17 Dec 2010 p. 6349) |
1a On the date as at which this compilation was prepared,
provisions referred to in the following table had not come into operation and
were therefore not included in this compilation. For the text of the provisions
see the endnotes referred to in the table.
Provisions that have not come
into operation
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
Biosecurity and Agriculture Management Act 2007
Pt. 2 Div. 1 and 2, Div. 3 (other than s. 22), Div. 4
and 5, Pt. 3, Pt. 7 Div. 4, s. 183-186, s. 193 and
Pt. 9 2 |
23 of 2007 (as amended by No. 47 of 2011
s. 27) |
12 Oct 2007 |
To be proclaimed (see s. 2) |
|
Road Traffic Legislation Amendment Act 2012
Pt. 4 Div. 2 3 |
8 of 2012 |
21 May 2012 |
Operative on commencement of the Road Traffic
(Administration) Act 2008 (see s. 2(d)) |
2 On the date as at which this compilation was prepared, the
Biosecurity and Agriculture Management Act 2007 Pt. 2
Div. 1 and 2, s. 23-42, Div. 4 and 5, Pt. 3, Pt. 7
Div. 4, s. 183-186, s. 193 and Pt. 9 have not come
into operation. They read as follows:
Part 2 — Biosecurity
Division 1 — Permitted, prohibited and
unlisted organisms
11. Permitted organisms
(1) The Minister may declare that an organism of a kind specified or
described in the declaration is a permitted organism.
(2) Section 157 applies to a declaration made under this
section.
12. Prohibited organisms
(1) The Minister may declare that an organism of a kind specified or
described in the declaration is a prohibited organism if there are reasonable
grounds for believing that the organism —
(a) has or may have an adverse effect on —
(i) another organism; or
(ii) human beings; or
(iii) the environment or part of the environment; or
(iv) agricultural activities, fishing or pearling activities, or related
commercial activities, carried on, or intended to be carried on, in the State or
part of the State;
or
(b) may have an adverse effect on any of those things if it were present
in the State or part of the State, or if it were present in the State or the
part in greater numbers or to a greater extent.
(2) Section 157 applies to a declaration made under this
section.
13. Consultation with other Ministers and Biosecurity
Council
Before making a declaration under section 11 or 12 the Minister
must consult with —
(a) any Minister who in the opinion of the Minister has a relevant
interest; and
(b) if the Minister is of the opinion that such consultation is necessary
for the purpose of properly informing himself or herself as to whether or not
the declaration should be made, the Biosecurity Council.
14. Unlisted organisms
An organism that is not a permitted organism or a declared pest is an
unlisted organism.
Division 2 — Importing organisms into
Western Australia
15. Import restrictions
(1) A person must not import a prohibited organism except in accordance
with an import permit and the regulations.
Penalty:
(a) a fine of $50 000; or
(b) if the organism is a high impact organism, a fine of $100 000 and
imprisonment for 12 months.
(2) A person must not import an unlisted organism except in accordance
with an import permit and the regulations.
Penalty: a fine of $20 000.
(3) A person must not import a prescribed potential carrier
unless —
(a) the import is permitted under the regulations; and
(b) the prescribed potential carrier is imported in accordance with the
regulations.
Penalty:
(a) a fine of $50 000; or
(b) if the prescribed potential carrier is prescribed as a potential
carrier of a high impact organism, a fine of $100 000 and imprisonment for
12 months.
(4) The regulations may prohibit or regulate the importation of a
permitted organism.
16. How to obtain import permit
(1) A person may apply for an import permit in accordance with the
regulations.
(2) The Director General may issue, or refuse to issue, an import
permit.
(3) An import permit may be issued subject to conditions.
17. Supply of unlawful import
A person must not supply an organism, the progeny of an organism, or a
potential carrier if the person knows, or ought reasonably to know, that the
organism or potential carrier was imported in contravention of
section 15.
Penalty:
(a) a fine of $50 000; or
(b) if the organism is a high impact organism, a fine of $100 000 and
imprisonment for 12 months.
18. Possession of unlawful import
A person must not receive or possess an organism, the progeny of an
organism, or a potential carrier if the person knows, or ought reasonably to
know, that the organism or potential carrier was imported in contravention of
section 15.
Penalty:
(a) a fine of $20 000; or
(b) if the organism is a high impact organism, a fine of $100 000 and
imprisonment for 12 months.
19. Obligations of commercial passenger carrier
(1) In this section —
commercial passenger carrier means a person who provides
transport for individuals for fee or reward.
(2) A commercial passenger carrier who transports passengers into the
State by means of a conveyance from a location outside the State must not bring
the conveyance into the State unless the carrier has given to the passengers the
prescribed information about importing organisms and potential
carriers.
Penalty: a fine of $15 000.
(3) A commercial passenger carrier who transports passengers into the
State by means of a conveyance from a location outside the State must provide a
secure facility that complies with the regulations (if any) for the passengers
to deposit any organism or potential carrier that is or could be imported in
contravention of section 15.
Penalty: a fine of $15 000.
(4) If an organism or potential carrier is deposited by a passenger in a
facility provided by the commercial passenger carrier for that purpose, the
commercial passenger carrier must dispose of the organism or potential carrier
in accordance with the regulations.
Penalty: a fine of $20 000.
20. Obligation of commercial carrier
(1) In this section —
commercial carrier means a person who provides transport for
individuals, or transports freight, for fee or reward.
(2) A commercial carrier transporting a prescribed declared pest, a
declared pest of a prescribed class, or a prescribed potential carrier, into the
State from a location outside the State commits an offence if —
(a) the regulations require that carrier to give notice to the Director
General of the transport of that declared pest or potential carrier;
and
(b) the carrier does not give the notice in accordance with the
regulations.
Penalty: a fine of $15 000.
21. Reporting and presenting import
(1) If the regulations so require, a person who proposes to import an
organism or prescribed potential carrier must, before the organism or prescribed
potential carrier is imported, give notice, in accordance with the regulations,
of the time and place of entry into the State of the organism or prescribed
potential carrier.
(2) A person who —
(a) imports an organism or prescribed potential carrier; and
(b) fails to comply with subsection (1) in respect of the organism or
prescribed potential carrier,
commits an offence.
Penalty: a fine of $10 000.
(3) A person who imports an organism or prescribed potential carrier
must —
(a) if an import permit has been issued in respect of the organism or
prescribed potential carrier or if the regulations so require, present the
organism or prescribed potential carrier to an inspector in accordance with the
regulations; and
(b) give the inspector any import permit issued in respect of the organism
or prescribed potential carrier; and
(c) give the inspector any relevant information the inspector requires
about the organism or prescribed potential carrier.
Penalty: a fine of $20 000.
(4) A person who imports an organism or prescribed potential carrier must,
if the regulations so require, give an inspector a declaration in accordance
with the regulations.
Penalty: a fine of $20 000.
Division 3 — Biosecurity within Western
Australia
23. Dealing with declared pest
(1) Except as otherwise provided in the regulations or in a management
plan, a person must not, in an area for which an organism is a declared
pest —
(a) keep, breed or cultivate the declared pest; or
(b) keep, breed or cultivate an animal, plant or other thing that is
infected or infested with the declared pest; or
(c) release into the environment the declared pest, or an animal, plant or
other thing that is infected or infested with the declared pest; or
(d) intentionally infect or infest, or expose to infection or infestation,
a plant, animal or other thing with a declared pest.
Penalty:
(a) a fine of $50 000; or
(b) if the declared pest is a high impact organism, a fine of
$100 000 and imprisonment for 12 months.
(2) The regulations may provide that a person must not move a declared
pest, or an animal, plant or other thing that is infected or infested with the
declared pest, from the place where it is found.
(3) A person who contravenes a regulation referred to in
subsection (2) commits an offence.
Penalty:
(a) a fine of $20 000; or
(b) if the contravention is in relation to a declared pest that is a high
impact organism, a fine of $100 000 and imprisonment for
12 months.
24. Introducing or supplying declared pest
(1) The regulations or a management plan may provide that a person must
not bring into an area of the State from another area of the State —
(a) an organism that is a declared pest for the first-mentioned area;
or
(b) an animal, plant or other thing that is infected or infested with an
organism that is a declared pest for the first-mentioned area; or
(c) a potential carrier of an organism that is —
(i) a declared pest for the first-mentioned area; and
(ii) prescribed by the regulations or specified in the management
plan.
(2) A person who contravenes a provision referred to in
subsection (1) commits an offence.
Penalty:
(a) a fine of $20 000; or
(b) if the contravention is in relation to a declared pest that is a high
impact organism, a fine of $100 000 and imprisonment for
12 months.
(3) The regulations or a management plan may provide that a person must
not supply to a person in an area of the State —
(a) an organism that is a declared pest for the area; or
(b) an animal, plant or other thing that is infected or infested with an
organism that is a declared pest for the area; or
(c) a potential carrier of an organism that is —
(i) a declared pest for the area; and
(ii) prescribed by the regulations or specified in the management
plan.
(4) A person who contravenes a provision referred to in
subsection (3) commits an offence.
Penalty:
(a) a fine of $20 000; or
(b) if the contravention is in relation to a declared pest that is a high
impact organism, a fine of $100 000 and imprisonment for
12 months.
25. Authorised dealing with declared pest
A person who is authorised under this Act to keep, breed, cultivate or
supply a declared pest must do so in accordance with this Act and the terms and
conditions, if any, of the authorisation.
Penalty:
(a) a fine of $20 000; or
(b) if the declared pest is a high impact organism, a fine of
$100 000 and imprisonment for 12 months.
26. Duty to report declared pest
(1) A person who finds or suspects that, in an area for which an organism
is a declared pest, there is the declared pest on or in a place, or that an
organism or thing is infected or infested with the declared pest, must report,
in accordance with subsection (2), the presence or suspected presence of
the declared pest to the Director General or an inspector.
Penalty:
(a) a fine of $20 000; or
(b) if the declared pest is a high impact organism, a fine of
$100 000 and imprisonment for 12 months.
(2) A report —
(a) may be made orally or in writing; and
(b) must indicate, as far as practicable, where the declared pest, or the
infected or infested organism or thing, was found, or the reasons for suspecting
its presence; and
(c) must give any other relevant information within the person’s
knowledge; and
(d) must be made within the prescribed period or, if no period is
prescribed, as soon as practicable after finding the pest or suspecting its
presence; and
(e) must be made in accordance with the regulations (if any).
(3) A veterinary surgeon, analyst or other person is not excused from
compliance with subsection (1) on the grounds that he or she found or came
to suspect the presence of the declared pest on or in the place, or found or
came to suspect that the organism or thing was infected or infested, in the
course of giving professional or other advice, or providing professional or
other services, to the owner, occupier or other person in control of the place,
organism or thing.
(4) Subsection (3) has effect whether the advice was sought or given,
or the services were provided, in relation to the place, organism or thing, or
in relation to any other matter.
27. Pest exclusion notice
(1) If the Director General is of the opinion that, in an area for which
an organism is a declared pest, measures are required to be taken to ensure that
a place or an agricultural product remains free from the declared pest, the
Director General may give a pest exclusion notice to any or all of the following
persons —
(a) in the case of a notice in respect of land — the owner or
occupier of the land or a person who is conducting an activity on that
land;
(b) in the case of a notice in respect of another place — the
owner, occupier or person who has control of the place;
(c) in the case of a notice in respect of an agricultural
product — the owner or person who has control of the agricultural
product.
(2) A pest exclusion notice —
(a) must be in writing; and
(b) must identify the declared pest in respect of which the notice is
given; and
(c) may direct the person to whom it is given to comply with a code of
practice specified in the notice, or to take the measures set out in the notice
or prescribed by the regulations specified in the notice, for the purpose of
keeping the place or agricultural product free from the declared pest;
and
(d) must specify the period within which, or for the duration of which,
the person to whom it is given must comply with the notice; and
(e) must inform the person to whom it is given that failure to comply with
the notice could result in a fine, the Director General taking remedial action
under section 38, or both.
28. SAT review: pest exclusion notice
(1) Subject to the regulations referred to in subsection (2), a
person aggrieved by a direction in a pest exclusion notice under section 27
may apply to the State Administrative Tribunal for a review of the
direction.
(2) The regulations may prescribe circumstances relating to a matter of
emergency or urgent need in which subsection (1) does not apply.
29. Compliance with pest exclusion notice
A person to whom a pest exclusion notice is given must comply with the
notice.
Penalty: a fine of $20 000.
30. Duty to control declared pest
(1) In this section —
prescribed control measures, in relation to a declared pest,
means the measures to control that declared pest required under the regulations
or a management plan.
(2) The owner or other person in control, in an area for which an organism
is a declared pest, of an organism or thing infected or infested with the
declared pest must take the prescribed control measures to control the declared
pest.
Penalty: a fine of $20 000.
(3) The owner or occupier of land in an area for which an organism is a
declared pest or a person who is conducting an activity on the land must take
the prescribed control measures to control the declared pest if it is present on
the land, or has infected or infested an organism or thing on the land, or is
likely to be present on the land or to infect or infest an organism or thing on
the land.
Penalty: a fine of $20 000.
(4) Subsections (2) and (3) apply to a person in relation to a
declared pest regardless of whether the person is also required to comply with a
pest control notice or a pest exclusion notice in relation to the declared
pest.
(5) Where 2 or more persons are required to take prescribed control
measures under subsection (2) or (3) in relation to the same organism
or thing, it is a defence to a charge of an offence by any of them under
subsection (2) or (3) to show that another person has complied with
the requirement imposed on that person.
(6) It is a defence to a charge of an offence by a person under
subsection (2) or (3) if the person establishes that the person did
not know, and could not reasonably have been expected to know, at the material
time, that the declared pest was present on the land or was likely to be present
or that an organism or thing was infected or infested or was likely to be
infected or infested.
31. Pest control notice
(1) An inspector may give a pest control notice to any or all of the
following persons —
(a) an owner or occupier of land in an area for which an organism is a
declared pest or a person who is conducting an activity on the land
if —
(i) the declared pest has been found on or in the vicinity of the land;
or
(ii) the keeping of the declared pest on the land is authorised under this
Act; or
(iii) there are reasonable grounds for suspecting that the declared pest
is on or in the vicinity of the land;
and
(b) to any other person in respect of an area for which an organism is a
declared pest if —
(i) the declared pest has been found on or in the vicinity of a place or
any other thing in that area owned or occupied by, or under the control, of that
person; or
(ii) the keeping of the declared pest on a place in that area owned or
occupied by, or under the control, of that person is authorised under this Act;
or
(iii) there are reasonable grounds for suspecting that the declared pest
is on or in the vicinity of a place or any other thing in that area owned or
occupied by, or under the control of, that person.
(2) A pest control notice —
(a) must be in writing; and
(b) must identify the declared pest in respect of which the notice is
given, and indicate where the pest was found, is suspected to be, or is
authorised under this Act to be kept; and
(c) may direct the person to whom it is given to comply with a code of
practice specified in the notice, or to take the measures set out in the notice
or required under the regulations or a management plan specified in the notice,
for the purpose of controlling the declared pest or, if the declared pest is
authorised to be kept, for the purpose of keeping the declared pest as
authorised under this Act; and
(d) must specify the period within which, or for the duration of which,
the person to whom it is given must comply with the notice; and
(e) inform the person to whom it is given that failure to comply with the
notice could result in a fine, the Director General taking remedial action under
section 38, or both.
(3) The Director General may give a copy of a pest control notice, for
information —
(a) to another person if —
(i) that person is the owner or occupier of land that is in close
proximity to the land, premises or thing in respect of which the pest control
notice is given; and
(ii) there are reasonable grounds for believing the person’s
agricultural activities or land would be adversely affected if the declared pest
were to infect or infest the person’s land or any plants or animals on the
land, or the premises or any other thing owned or occupied by, or under the
control or management of, the person;
and
(b) to a management committee established by regulations made under
section 141(1)(b) if the Director General is of the opinion that the
information is relevant to the functions of the management committee.
32. Compliance with pest control notice
A person to whom a pest control notice is given must comply with the
notice.
Penalty:
(a) a fine of $50 000; or
(b) if the declared pest is a high impact organism, a fine of
$100 000 and imprisonment for 12 months.
33. Apportionment of costs of controlling declared pests on
land
(1) As between the owner and occupier or successive owners and occupiers
of land the costs of controlling declared pests on and in relation to the land
in accordance with a pest control notice are, subject to any agreement between
the owner or occupier or successive owners and occupiers, to be borne in such
proportions —
(a) as are prescribed; or
(b) if no proportions are prescribed, as determined by the Director
General.
(2) A person who has paid more than the proportion of that person may
recover the excess from the other in a court of competent
jurisdiction.
(3) An owner having only a partial interest or a particular estate in the
land may apply to the Director General for a determination as to what portion of
any expense of or in relation to the control of a declared pest on and in
relation to the land paid or to be paid by the owner must be borne by any other
person having a partial interest or estate in the land.
(4) The Director General may make a determination for the purposes of
subsection (3).
(5) An owner paying, or who has paid, more than that owner’s
proportion of the expenses as determined by the Director General may recover the
excess in a court of competent jurisdiction from a person the Director General
determines to be liable to pay it.
(6) This section does not apply in relation to land owned by, or vested
in, a public authority or the State.
34. SAT review: costs of controlling declared pests
A person aggrieved by —
(a) a determination of the Director General under section 33(1)(b);
or
(b) a determination of the Director General under section 33(4)
or (5),
may apply to the State Administrative Tribunal for a review of the
determination.
35. Pest keeping notice
(1) The Director General may give a pest keeping notice to a person if
there are reasonable grounds for suspecting that person is not complying with
section 25.
(2) A pest keeping notice must —
(a) be in writing; and
(b) identify the declared pest in respect of which the notice is given;
and
(c) specify the action the Director General requires to be taken to keep,
breed, cultivate or supply the declared pest in accordance with section 25;
and
(d) specify the time within which the action must be taken; and
(e) inform the person to whom the notice is given that failure to take the
action could result in the Director General taking remedial action under
section 38.
36. Director General review: pest control notice or pest keeping
notice
(1) A person who has been given a pest control notice or pest keeping
notice may, in writing, request the Director General to review it.
(2) On receiving such a request the Director General may suspend the
notice pending making a decision under subsection (3).
(3) On receiving such a request the Director General
may —
(a) review the notice and amend, suspend, cancel or confirm it;
or
(b) refuse to review the notice.
(4) If the Director General amends a pest control notice or a pest keeping
notice it has effect accordingly.
(5) The Director General must give the person who requested the review
written advice of the decision on the review and the reasons for that
decision.
(6) Nothing in this section prejudices any right of review that a person
might have under section 37 but, if a request for review has been made
under this section, that right of review must not be exercised until a decision
under subsection (3) has been made.
37. SAT review: pest control notice or pest keeping notice
(1) Subject to the regulations referred to in subsection (2) and to
section 36(6), a person aggrieved by a decision of the Director General to
give a pest control notice or a pest keeping notice or a decision of the
Director General under section 36, may apply to the State Administrative
Tribunal for a review of the decision.
(2) The regulations may prescribe circumstances relating to a matter of
emergency or urgent need in which subsection (1) does not apply.
38. Remedial action by Director General
If a person does not comply with a requirement of a pest exclusion
notice, a pest control notice or a pest keeping notice, the Director General
may —
(a) take remedial action in accordance with section 94; and
(b) recover the cost of taking remedial action from the person
accordingly.
39. Power to control pests
(1) A person required under this Act to take measures to control a
declared pest has full power to do all that is necessary to comply with the
requirement.
(2) A person who obstructs a person referred to in subsection (1) in
the exercise of a power under that subsection commits an offence.
Penalty: a fine of $5 000.
40. Agreements to supply pest control materials
(1) The Director General may enter into an agreement with a person to
supply to that person materials, appliances or services for the control of
declared pests.
(2) An agreement may be discharged, extended or varied as agreed by the
parties.
(3) The Director General may supply poison under subsection (1)
despite anything to the contrary in the Poisons Act 1964.
41. Public authority may assist owner or occupier to control declared
pest
Without affecting the operation or effect of any other provision of this
Act, if, in an area for which an organism is a declared pest, the declared pest
is on any land, the local government of the district in which that land is
situate, or any other public authority, may render such financial or other
assistance to any owner or occupier of that land as the local government or
other public authority considers necessary or expedient for the control of that
declared pest on and in relation to that land.
42. Department may carry out operational work
(1) In this section —
operational work means the doing of such acts, matters and
things as may be necessary for or conducive to the control in an area of an
organism that is a declared pest for the area;
place does not include a dwelling as that term is defined in
section 63.
(2) An officer of the department or an inspector may at any time carry out
operational work on or in relation to any place without cost to the owner or
occupier of the place.
(3) An officer of the department or an inspector may enter any place for
the purpose of exercising powers under this section.
(4) The provisions of this section are in addition to and not in
derogation of any other written law conferring power to control declared
pests.
(5) Nothing in this section limits or otherwise affects the application of
this Act to and in relation to the control of declared pests if, and to the
extent that, declared pests are not controlled under operational works carried
out under this section.
Division 4 — Urgent
measures
43. Director General may give directions for urgent measures to control
declared pest
(1) Where, in the opinion of the Director General, a measure or action
must be carried out immediately to control a declared pest, the Director General
may, in writing, direct an inspector to carry out that measure or
action.
(2) A direction referred to in subsection (1) must specify the
measure or action to be carried out.
(3) Despite any other provision of this Act or any other law, an inspector
is authorised to carry out a measure or action in accordance with a direction
under this section.
(4) The Director General must give the Minister a copy of the direction
and a written report on the measure or action carried out.
44. Director General may approve alternative measure or
requirement
(1) If satisfied that a measure, action or requirement is appropriate, the
Director General may grant temporary approval for an alternative measure or
action to be carried out or requirement imposed from that prescribed by the
regulations or in a management plan for the control of a declared
pest.
(2) An approval under subsection (1) must specify —
(a) the alternative measure, action or requirement; and
(b) the period, being not more than 6 months, during which the
approval remains in force.
(3) A measure or requirement approved under this section as an alternative
from that prescribed by the regulations or in a management plan has the same
effect as if it were prescribed under the regulations or a management
plan.
(4) The Director General must give the Minister a copy of the approval and
a written report on the measure or action carried out or requirement
imposed.
Division 5 — Management
plans
45. Management plans
(1) The Minister may, by instrument published in the Gazette, issue
a plan for the management of an area to provide for the control of a declared
pest in the area.
(2) The area may be the whole or part of the State.
(3) A management plan must —
(a) identify the area to which the plan relates; and
(b) set out the purposes of the plan; and
(c) set out the practices to be followed under the plan; and
(d) specify any obligations that are imposed on owners, occupiers or other
persons for the purposes of the plan.
(4) A management plan may create offences punishable by a fine not
exceeding $20 000.
(5) The Minister must not issue —
(a) a management plan in relation to fish, or a declared pest in an
aquatic environment, unless the plan is approved by the Fisheries Minister;
or
(b) a management plan in relation to a declared pest that is an animal
native to Australia, other than a fish, unless the plan is approved by the CALM
Act Minister.
(6) If a provision of a management plan is inconsistent with a regulation,
the regulation prevails to the extent of the inconsistency.
46. Consultation with affected persons
(1) Before issuing a management plan, the Minister must, as far as is
appropriate and reasonably practicable to undertake, consult with the public
authorities and any other persons which or who appear to the Minister to be
likely to be —
(a) required to take part in implementing the plan; or
(b) put to expense in complying with the plan; or
(c) affected, or interested, in a significant way by the operation of the
plan.
(2) Consultation may be undertaken in any way that the Minister thinks
appropriate in the circumstances, having regard to the proposed management plan
and the number of persons which or who are likely to be affected by its
operation.
47. Management plans are subject to disallowance
(1) A management plan is subsidiary legislation for the purposes of the
Interpretation Act 1984.
(2) The Interpretation Act 1984 section 42 applies to and
in relation to a management plan as if the plan were regulations made under this
Act.
Part 3 — Residues on land,
chemical products and adulteration
Division 1 — Residues on
land
52. Residue management notices
(1) If land is found to contain such an amount of an organochlorine,
another chemical product or another prescribed substance that an agricultural
product derived from the land would be likely to contain more than the maximum
residue limit of the organochlorine, chemical product or other substance, the
Director General may give the owner or occupier of the land a residue management
notice.
(2) A residue management notice must —
(a) be in a form approved by the Director General; and
(b) advise the owner or occupier of the land to whom it is given that the
land has been found to contain such an amount of an organochlorine, another
chemical product or another prescribed substance that an agricultural product
derived from the land would be likely to contain more than the maximum residue
limit of the organochlorine, chemical product or other substance; and
(c) direct that the use of the land for the production of agricultural
products is restricted as specified in the notice.
(3) Without limiting subsection (2)(c), a direction in a residue
management notice may require the owner or occupier of the land to obtain the
written approval of an inspector before using the land in a manner, or for a
purpose, specified in the notice.
(4) An owner or occupier of land who uses land in contravention of a
direction in a residue management notice that is binding on the owner or
occupier commits an offence.
Penalty: $50 000.
(5) A residue management notice remains in force until it is cancelled
under section 53(2).
(6) A residue management notice —
(a) while it remains in force, binds each person to whom it is given;
and
(b) while a notification of the residue management notice remains
registered under section 101(4), and unless a removal of notification is
registered under that section, binds each successive owner or occupier of the
land to which the residue management notice relates.
53. Duration of residue management notice
(1) The Director General must review each residue management notice from
time to time in accordance with the regulations.
(2) If the Director General is satisfied that land in respect of which a
residue management notice has been given no longer contains such an amount of an
organochlorine, another chemical product or another prescribed substance that an
agricultural product derived from the land would be likely to contain more than
the maximum residue limit of the organochlorine, chemical product or other
substance, the Director General must cancel the notice.
54. SAT review: residue management notices
A person aggrieved by —
(a) a decision of the Director General —
(i) to give a residue management notice; or
(ii) upon a review under section 53(1), not to cancel a residue
management notice;
or
(b) a refusal of an inspector to give an approval under a residue
management notice,
may apply to the State Administrative Tribunal for a review of the
decision or refusal.
55. Notification may be lodged with Registrar of Titles
(1) The Director General may lodge a notification in respect of a residue
management notice with the Registrar of Titles.
(2) When a residue management notice in respect of which a notification is
registered under section 101(4) ceases to be in force, the Director General
must lodge a removal of notification with the Registrar of Titles.
Division 2 — Chemical
products
56. Dealing with chemical products
(1) A person who acquires, supplies, uses, stores, handles or transports a
chemical product commits an offence if —
(a) the regulations require that person to have a prescribed qualification
or authorisation; and
(b) the person does not have that qualification or
authorisation.
Penalty: a fine of $50 000.
(2) A person who acquires, supplies, uses, stores, handles or transports a
chemical product commits an offence if —
(a) the regulations require that person to give notice of the acquisition,
supply, use, storage, handling or transport of that chemical product;
and
(b) the person does not give the notice in accordance with the
regulations.
Penalty: a fine of $50 000.
(3) A person who acquires, supplies, uses, stores, handles or transports a
chemical product commits an offence if —
(a) the regulations require that person to acquire, supply, use, store,
handle or transport the chemical product in accordance with the regulations;
and
(b) the person does not comply with those regulations.
Penalty: a fine of $50 000.
(4) A person who advises on the acquisition, supply, use, storage,
handling or transport of a chemical product commits an offence if —
(a) the regulations require that person to provide that advice in
accordance with the regulations; and
(b) the person does not comply with those regulations.
Penalty: a fine of $50 000.
(5) A person must not acquire, supply, use, store, handle or transport a
chemical product if the regulations prohibit such acquisition, supply, use,
storage, handling or transport.
Penalty: a fine of $50 000.
(6) A person who acquires, supplies, uses, stores, handles or transports a
chemical product commits an offence if —
(a) the regulations require that person to keep prescribed records of the
acquisition, supply, use, storage, handling or transport of the chemical
product; and
(b) the person does not comply with those regulations.
Penalty: a fine of $50 000.
57. Dealing with things that are treated, or not treated, with chemical
product or are contaminated
A person who contravenes a regulation providing for duties or obligations
in relation to —
(a) the identification, handling, keeping, supply, purchase, transport or
use of an animal, agricultural product, animal feed or fertiliser that is
treated, or not treated, with a chemical product or is contaminated;
or
(b) the provision of information in relation to that identification,
handling, keeping, supply, purchase, transport or use,
commits an offence.
Penalty: a fine of $50 000.
58. Certain agreements void
(1) An agreement, whether made in the State or elsewhere, relating to the
supply of an agricultural product in the State that purports to exclude any part
of the application of this Act in relation to the treatment of an agricultural
product with a chemical product is void.
(2) A person who agrees or purports to agree to supply an agricultural
product under an agreement that is void under this section commits an
offence.
Penalty: a fine of $20 000.
(3) An agreement, whether made in the State or elsewhere, relating to the
supply of an agricultural product in the State that contains a provision to the
effect that the agricultural product is treated with a chemical product or
declared not to be treated with a chemical product is voidable by the purchaser,
unless the requirements imposed under —
(a) this Act in relation to the treatment of the agricultural product with
a chemical product; and
(b) any system of declarations or returns in operation under this Act in
relation to a supply of that kind,
have been observed and are met.
(4) Despite any other law in force in the State, a purchaser under an
agreement that is, under this section, void or voidable —
(a) is not prevented from making a claim with respect to damages suffered
by the purchaser; and
(b) may recover any money paid under the agreement.
Division 3 — Adulteration of agricultural
products or animal feed
59. Meaning of terms used in this Division
(1) In this Division —
adulterate, in relation to an agricultural product or animal
feed, includes —
(a) contaminate the agricultural product or animal feed; or
(b) interfere with the agricultural product or animal feed; or
(c) make it appear that the agricultural product or animal feed has been
adulterated;
animal feed includes water intended to be used for stock to
drink.
(2) In this Division, a reference to economic loss includes a reference to
economic loss through —
(a) members of the public not purchasing an agricultural product or animal
feed, or an agricultural product derived from another agricultural product;
or
(b) steps taken to avoid public alarm or anxiety or to avoid harm to
members of the public.
60. Adulterating goods to cause public alarm or economic
loss
A person must not adulterate an agricultural product or animal feed with
the intention of causing, or being reckless as to whether or not the
adulteration would cause —
(a) public alarm or anxiety; or
(b) economic loss.
Penalty: a fine of $100 000 and imprisonment for
12 months.
61. Threatening to adulterate goods to cause public alarm or economic
loss
(1) A person must not make a threat that an agricultural product or animal
feed will be adulterated with the intention of causing, or being reckless as to
whether or not the threat would cause —
(a) public alarm or anxiety; or
(b) economic loss.
Penalty: a fine of $100 000 and imprisonment for
12 months.
(2) For the purposes of this section, a threat may be made by any conduct,
and may be explicit or implicit and conditional or unconditional.
62. Making false statements concerning adulteration of goods to cause
public alarm or economic loss
(1) A person must not make a statement that the person believes to be
false —
(a) with the intention of inducing the person to whom the statement is
made or others to believe that an agricultural product or animal feed has been
adulterated; and
(b) with the intention of thereby causing, or being reckless as to whether
or not the statement would cause —
(i) public alarm or anxiety; or
(ii) economic loss.
Penalty: a fine of $100 000 and imprisonment for
12 months.
(2) For the purposes of this section, making a statement includes
conveying information by any means.
Part 7 — Administration
Division 4 — Quarantine facilities,
inspection points and other places
165. Arrangements for provision of quarantine facilities
The Director General may make arrangements with any public authority or
other person for the provision of a secure place that can be used as a
quarantine facility.
166. Inspection points
The Director General may, by notice in the Gazette, designate a
place named or described in the notice as an inspection point for the purposes
of this Act.
167. Use of other places
The Director General may make arrangements with any public authority or
other person to use the person’s place for the purposes of this
Act.
Division 7 — General
183. Arrangements with corresponding authorities
(1) In this section —
corresponding administrator means a person who is
responsible for the day to day administration of a corresponding law;
corresponding law, in relation to a written law of the
State, means a law of the Commonwealth, another State or a Territory that
corresponds to the written law of the State;
corresponding Minister means a Minister of the Crown of the
Commonwealth, another State or a Territory to whom the administration of a
corresponding law of the Commonwealth, State or Territory is for the time being
committed.
(2) The Minister or the Director General may make arrangements with a
corresponding Minister or corresponding administrator respectively about any or
all of the following —
(a) recognising import and export certificates issued under the
regulations or under a corresponding law;
(b) recognising quality assurance schemes approved or established under
this Act or a corresponding law;
(c) the use for the purposes of this Act of inspection facilities provided
in another State or a Territory;
(d) the use for the purposes of a corresponding law of inspection
facilities provided in the State;
(e) the inspection or treatment of a consignment of goods or potential
carrier before it is imported;
(f) payment to a corresponding administrator for costs incurred by the
administrator for the purposes of this Act.
(3) The Director General may recover from an importer or intending
importer, as a debt due, any costs incurred in relation to the inspection of
imported goods, or goods intended to be imported, whether the costs are incurred
directly or by way of payment under subsection (2)(f).
184. Information sharing
(1) In this section —
authorised officer means an officer designated under
subsection (2);
guidelines means guidelines issued under
subsection (7);
information sharing agency means any of the
following —
(a) the department principally assisting in the administration of this
Act;
(b) the department principally assisting in the administration of the
Health Act 1911;
(c) the department principally assisting in the administration of the
Animal Welfare Act 2002;
(d) the department principally assisting in the administration of the
Environmental Protection Act 1986;
(e) the department principally assisting in the administration of the
Fish Resources Management Act 1994;
(f) the department principally assisting in the administration of the
Wildlife Conservation Act 1950;
(g) the department principally assisting in the administration of the
Conservation and Land Management Act 1984;
(h) the Police Force;
(i) a public authority prescribed for the purposes of this
definition;
officer, in relation to an information sharing agency,
means —
(a) an officer or employee in or of the agency; or
(b) if the agency is the Police Force — a member of the Police
Force;
relevant information means information relevant to the
administration or enforcement of this Act.
(2) The Director General may designate an officer of the department as an
authorised officer for the purposes of this section.
(3) An officer of the department may, in accordance with the guidelines,
disclose relevant information to —
(a) another officer of the department; or
(b) an officer of another information sharing agency.
(4) An authorised officer may, in accordance with the guidelines, request
a public authority which or who holds relevant information to disclose the
information to the authorised officer.
(5) Information may be disclosed under subsection (3), or in
compliance with a request under subsection (4), despite any law of the
State relating to secrecy or confidentiality.
(6) If information is disclosed, in good faith, under subsection (3),
or in compliance with a request under subsection (4) —
(a) no civil or criminal liability is incurred in respect of the
disclosure; and
(b) the disclosure is not to be regarded as a breach of any duty of
confidentiality or secrecy imposed by law; and
(c) the disclosure is not to be regarded as a breach of professional
ethics or standards or as unprofessional conduct.
(7) The Director General must issue guidelines as to the disclosure of
information under subsection (3) and the requesting of information under
subsection (4).
(8) The regulations may include provisions about —
(a) receiving and storing information disclosed for the purposes of this
Act; and
(b) restricting access to such information.
185. Results and other matters may be published
(1) If the Director General thinks it desirable to do so in the public
interest, the Director General may publish in any manner the
following —
(a) the results of the analysis of any organism, agricultural product,
animal feed, fertiliser or other substance or thing under this Act;
(b) a matter prescribed for the purposes of this section.
(2) A publication under subsection (1) may include any or all of the
following —
(a) the name and address or place of business of any person to whom the
published matter relates;
(b) other particulars and explanation or comment relating to the published
matter;
(c) other prescribed particulars.
(3) No liability is incurred by a person —
(a) for a publication under this section; or
(b) for republishing the publication or publishing a fair report or
summary of the publication.
186. Compliance statements
(1) The Director General must prepare —
(a) a statement for the period 1 January to 30 June in each
year; and
(b) a statement for the period 1 July to 31 December in
each year,
on the performance of public authorities that have failed to comply with
a pest exclusion notice, section 30(2) or (3) or a pest control notice
during that period.
(2) Before preparing a statement the Director General must consult with
each public authority whose performance is to be referred to in the
statement.
(3) Each statement is to be included in the department’s next annual
report after the period for which it is prepared.
(4) Each statement is to be given to the Minister not later than
3 months after the end of the period for which it is prepared.
(5) The Minister must cause a copy of the statement to be laid before each
House of Parliament, or dealt with under subsection (6), within 14 days
after the report is received by the Minister.
(6) If —
(a) at the commencement of the period referred to in subsection (5) a
House of Parliament is not sitting; and
(b) the Minister is of the opinion that that House will not sit during
that period,
the Minister must transmit a copy of the statement to the Clerk of that
House.
(7) A copy of a statement transmitted to the Clerk of a House is to be
regarded as having been laid before that House.
(8) The laying of a copy of a direction that is regarded as having
occurred under subsection (7) is to be recorded in the Minutes, or Votes
and Proceedings, of the House on the first sitting day of the House after the
Clerk received the copy.
[Section 186 amended by No. 47 of 2011 s. 27.]
Part 8 — Regulations,
codes of practice and local laws
193. Local government may make local laws
(1) In this section —
pest plant means a plant that is prescribed by local laws
made by a local government under subsection (2)(a) as a pest plant in that
district.
(2) Subject to and in accordance with the Local Government
Act 1995 a local government may, in respect of its district, make local
laws for any of the following purposes —
(a) prescribing as a pest plant in that district any plant (other than a
declared pest for that area) that, in its opinion, is likely to adversely affect
the environment of the district, the value of property in the district or the
health, comfort or convenience of the inhabitants of the district;
(b) requiring the owner or occupier of land (other than an owner of land
referred to in section 8(1)(d)) within the district to control pest plants
on and in relation to that land in a manner and within a time specified in a
notice given by the local government and given to the owner or occupier of the
land;
(c) if the owner or occupier does not comply with the notice given by the
local government, for authorising the local government without payment of
compensation to control the pest plants at the expense of the owner or occupier
to whom the notice was given, and to recover in a court of competent
jurisdiction from the owner or occupier the amount of the expense.
Part 9 — Miscellaneous
194. Review of Act
(1) The Minister must carry out a review of the operation and
effectiveness of this Act as soon as is practicable after every 10th
anniversary of its commencement, and in the course of that review the Minister
must consider and have regard to —
(a) the adequacy of the penalties imposed under this Act; and
(b) any other matters that appear to the Minister to be relevant to the
operation and effectiveness of this Act.
(2) The Minister must prepare a report based on the review carried out
under subsection (1) and, as soon as is practicable after the preparation
of the report, cause it to be laid before each House of Parliament.
3 On the date as at which this compilation was prepared, the
Road Traffic Legislation Amendment Act 2012 Pt. 4 Div. 2 had
not come into operation. It reads as follows:
Division
2 — Biosecurity and Agriculture Management
Act 2007 amended
This Division amends the Biosecurity and Agriculture Management
Act 2007.
42. Section 6
amended
(1) In section 6 in the definition of owner
paragraph (b) delete “Road Traffic Act 1974; and”
and insert:
Road Traffic (Administration) Act 2008 section 5;
and
(2) In section 6 in the definition of vehicle delete
“Road Traffic Act 1974;” and insert:
Road Traffic (Administration) Act 2008
section 4;
Defined
Terms
[This is a list of terms defined and
the provisions where they are defined. The list is not part of the
law.]
Defined
Term Provision(s)
acquire 152(1)
additive 9(2)
agent 111(1),
111(3)
agricultural activity 6
agricultural product 6
Agvet Code of
Western Australia 6
alleged offender 125
analysis 6
animal 6
animal
feed 6, 9(1)
animal product 6
application 69(1)
approved
analyst 119(1)
authorisation 6
Authority 6
basic animal
feed 9(2)
biosecurity 6
Biosecurity Council 6
breed 6
business
concern 152(1)
by-product 9(2)
CALM Act Minister 6
charge
amount 6
chemical product 6
code 190(1)
code of
practice 6
Commissioner 129
container 6
contaminated 6
control 6
conveyance 6
criminal
record check 162(1)
cultivate 6
declaration 157(1)
declared
pest 6
Declared Pest Account 6
department 6
Director
General 6
disease 6
dispose of 152(1)
dwelling 63
electronic
site 6
employer 112(1), 112(3)
entry
warrant 63
environment 6
export 6
fertiliser 6
fish 6
fisheries
officer 6
high impact organism 6
identification
card 6
identifier 6
import 6
import
permit 6
infected 6
infested 6
inspection point 6
inspection
purposes 63
inspector 6
intellectual
property 154(2)
keep 6
label 6
land 6
land document 101(1)
Land
Titles Register 6
management committee 140
management
plan 6
manufactured animal feed 9(2)
maximum residue limit 6
Minister
for Fisheries 6
Minister for the Environment 6
mobile home 63
Modified
Penalties Revenue Account 6
notified
person 84(2)
occupier 6
officer 110(1)
official 187(1)
operating
account 129
organism 6
owner 6, 129
participate in 152(1)
pearl
oyster 6
permitted organism 6
pest control notice 6
pest exclusion
notice 6
pest keeping notice 6
place 6
plant 6
potential
carrier 6
premises 6
prescribed 6
prescribed account 140
prescribed
offence 125
principal 111(1), 111(3)
private land 8(2)
processed animal
feed 9(2)
prohibited organism 6
property 152(1)
public
authority 6
public place 65(5)
quality assurance scheme 6
quarantine
facility 6
rate 129
rate determination 129
rates
amount 129
recallable
substance 84(1)
record 6
register 101(1)
relevant
record 66(1)
remote communication 69(1)
research
body 152(1)
residue 6
residue management notice 6
security
officer 91(1)
specified 113
stock 6
structure 63
subsidiary
legislation 190(1)
supply 6
treat 6
unimproved value 6
unlisted
organism 6
vehicle 6
veterinary chemical product 6
veterinary
surgeon 6
wildlife officer 6