Western Australian Consolidated Acts Western Australian Consolidated Acts In this Act, unless
the contrary intention appears —
agricultural activity includes apiculture,
aquaculture, silviculture, viticulture and the raising or supply of plants or
animals, and any related activity, including fallowing or resting land used
for an agricultural activity;
agricultural product means —
(a) a
plant; or
(b)
stock; or
(c) an
animal product; or
(d) a
commodity derived from a plant or an animal product; or
(e) any
other product of an agricultural activity;
Agvet Code of Western Australia has the meaning
given to that term in the
Agricultural and Veterinary Chemicals (Western Australia) Act 1995 ;
analysis means an examination, biological assay,
bacteriological assay, chemical assay or any other assay or test relevant to
determining the classification, quality, composition or any other particular
of an organism, agricultural product, animal feed, fertiliser, chemical
product or other substance or thing;
animal means a living or previously living thing
except a human being, plant or micro-organism, and includes —
(a) the
ovum, semen or any other genetic material of an animal; and
(b) an
animal when in the embryonic or larval stage or any other immature stage;
animal feed has the meaning given in
section 9;
animal product means —
(a) a
carcass or a part of a carcass of an animal; or
(b)
meat, skin, hide, hair, wool, horn, feather, antler, feet, offal, viscera or
blood of an animal; or
(c) fat,
milk, whey, cream, butter, cheese, egg or part of an egg, or other food
derived from an animal; or
(d)
honey, beeswax, honeycomb or any other product of bees; or
(e) a
secretion, excretion, faecal matter or other waste of an animal; or
(f) any
other animal tissue;
authorisation includes a licence, permit,
registration, approval or accreditation under this Act;
Authority means the Western Australian Agriculture
Authority established under section 150;
biosecurity means protection from the adverse
effect an organism has or may have on —
(a)
another organism; or
(b) a
human being; or
(c) the
environment, or part of the environment; or
(d)
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;
Biosecurity Council means the Biosecurity Council
established under section 48;
breed includes hatch;
CALM Act Minister means the Minister administering
the Conservation and Land Management Act 1984 ;
charge amount , in relation to land, means the
amount secured by a charge on the land arising under section 95;
chemical product means —
(a) an
agricultural chemical product as defined in the Agvet Code of Western
Australia; or
(b) a
veterinary chemical product; or
(c) a
substance prescribed for the purposes of this definition;
code of practice means a code of practice issued
or approved under section 191;
container includes —
(a) a
case, box, bag, wrapper or material of any kind used or intended to be used to
cover, contain or package something; and
(b) a
bulk container, or any means of bulk transport, used or intended to be used to
cover, contain or package something;
contaminated , in relation to an animal,
agricultural product, animal feed, fertiliser or other substance or thing, has
the meaning given by section 7;
control , in relation to a declared pest or other
organism, includes eradicate, destroy, prevent the presence or spread of,
manage, examine or test for, survey for or monitor the presence or spread of,
and treat;
conveyance means a vehicle, vessel, aircraft or
train;
cultivate includes culture;
declared pest means —
(a) a
prohibited organism; or
(b) an
organism for which a declaration under section 22(2) is in force;
Declared Pest Account means the account
established under section 137(1);
department means the department principally
assisting in the administration of this Act;
Director General means the chief executive officer
of the department;
disease means —
(a) a
disease that is capable of having a detrimental effect on an animal or a plant
and includes —
(i)
a micro-organism; and
(ii)
a disease agent; and
(iii)
an infectious agent; and
(iv)
a parasite at any stage of its life cycle;
or
(b) a
genetic disorder of an animal or plant;
electronic site , in relation to the department,
means —
(a) a
website on the internet; or
(b) a
site on another public electronic system, or other site approved under the
regulations,
established and maintained under section 159;
environment has the meaning given to that term in
the Environmental Protection Act 1986 section 3;
export means to take out of, or cause to be taken
out of, Western Australia;
fertiliser means —
(a) a
substance containing nitrogen, phosphorus, potassium or any other element
required for plant growth, or a compound of such a substance, manufactured,
prepared, produced or supplied for the purpose of fertilising the soil or
supplying nutriments to plants; or
(b) a
substance used for conditioning the soil for the purpose of fertilising the
soil or supplying nutriments to plants; or
(c) a
substance prescribed for the purposes of this definition,
but does not include —
(d)
animal or plant manure or other unmanufactured refuse except to the extent
that the manure or refuse is mixed with a substance referred to in
paragraph (a), (b) or (c) and is so mixed, manufactured,
prepared, produced or supplied as a fertiliser; or
(e) a
substance prescribed not to be a fertiliser;
fish has the meaning given to that term in the
Fish Resources Management Act 1994 and includes pearl oyster;
fisheries officer means a fisheries officer
appointed under the Fish Resources Management Act 1994 section 11;
high impact organism means a prohibited organism
that has been prescribed as a high impact organism;
identification card means —
(a) in
relation to an inspector appointed under section 162 — the
identity card issued to the inspector under section 164(1); and
(b) in
relation to an inspector who is a fisheries officer, an inspector as that term
is defined in the Pearling Act 1990 , a wildlife officer or a police
officer — a like identification issued to the person under the
written law under which the person was appointed as such an officer or
inspector;
identifier means a brand, stencil, eartag,
earmark, electronic device or other device or marking used to identify an
organism, an agricultural product, a place or a prescribed potential carrier;
import means to bring, or cause to be brought,
into Western Australia;
import permit means a permit issued under
section 16(2);
infected means actually infected or liable, by
reason of contact or proximity, to be infected;
infested means actually infested or liable, by
reason of contact or proximity, to be infested;
inspection point means a place designated as an
inspection point under section 166;
inspector means —
(a) in
relation to the identification or movement of stock — an inspector
appointed under section 162 or a police officer; and
(b) in
relation to fish — an inspector appointed under section 162, a
fisheries officer or an inspector appointed under the Pearling Act 1990
section 35(1); and
(c) in
relation to a declared pest other than fish — an inspector
appointed under section 162 or a wildlife officer; and
(d) in
relation to anything else — an inspector appointed under
section 162;
keep means have in possession or be in control of,
and includes exhibit;
label means —
(a) when
used as a noun — an identifier or a tag, mark or statement in
writing however effected, and whether or not comprising a trade mark, logo or
other distinguishing or descriptive material; and
(b) when
used as a verb — to mark a package, container or other thing to
identify it or its contents by affixing to it or inserting in it an identifier
or a tag, stamp, mark or statement referred to in paragraph (a);
land means —
(a) all
land within the limits of the State; and
(b) all
marine and other waters within the limits of the State; and
(c) all
coastal waters of the State as defined by section 3(1) of the Coastal
Waters (State Powers) Act 1980 of the Commonwealth; and
(d) the
sea-bed and subsoil beneath, and all islands and structures within, the waters
referred to in paragraphs (b) and (c); and
(e) in
respect of fish managed by the State under an arrangement with the
Commonwealth under the Fish Resources Management Act 1994 Part 3 or
the Pearling Act 1990 , the waters of the Australian fishing zone as
defined by the Fisheries Management Act 1991 of the Commonwealth;
Land Titles Register means the Register as defined
in the Transfer of Land Act 1893 ;
management plan means a plan that is in force
under section 45 for the management of an area;
maximum residue limit , in relation to a chemical
product or other prescribed substance, means the maximum residue limit
prescribed in respect of that chemical product or substance in relation
to —
(a) an
animal, agricultural product, animal feed, fertiliser or other substance or
thing; or
(b) a
prescribed organism or other thing from which an agricultural product, animal
feed, fertiliser or other substance or thing may be derived;
Minister for the Environment means the Minister
administering the Environmental Protection Act 1986 ;
Minister for Fisheries means the Minister
administering the Fish Resources Management Act 1994 ;
Modified Penalties Revenue Account means the
account established under section 148(1);
occupier , in relation to land, means a person who
is in occupation or control of the land, or is entitled to be in occupation or
control of the land, whether or not that person owns the land;
organism means —
(a) a
living thing, except a human being or part of a human being; or
(b) a
prion or other prescribed organic agent that can cause disease; or
(c) a
disease;
owner —
(a) in
relation to land — has the meaning given to that term in
section 8 or 129, as the case requires; and
(b) in
relation to a vehicle — has the meaning given to that term in the
Road Traffic Act 1974 ; and
(c) in
relation to a vessel — has the meaning given to that term in the
Western Australian Marine Act 1982 ; and
(d) in
relation to a thing other than land, a vehicle or a vessel —
includes an agent or manager of the owner, and any other person who has
possession or control of the thing at the material time;
pearl oyster has the meaning given to that term in
the Pearling Act 1990 ;
permitted organism means an organism for which a
declaration is in force under section 11;
pest control notice means a notice under
section 31(1);
pest exclusion notice means a notice under
section 27(1);
pest keeping notice means a notice under
section 35(1);
place means land, premises or a conveyance, or a
part of land, premises or a conveyance;
plant means any vegetation or fungus and
includes —
(a) a
cutting or the leaf, flower or flower head of a plant; and
(b) the
fruit or seed of a plant; and
(c) the
peel, skin or shell of a fruit or seed of a plant; and
(d)
genetic material of a plant; and
(e) any
other product or part of a plant;
potential carrier means —
(a)
anything that is capable of carrying an organism; or
(b)
anything that is capable of carrying anything else that is capable of carrying
an organism;
premises includes a building or structure, or part
of a building or structure, of any type;
prescribed means prescribed under regulations made
under this Act;
prohibited organism means an organism for which a
declaration is in force under section 12;
public authority means —
(a) a
Minister of the State; or
(b) an
agency or an organisation as those terms are defined in the
Public Sector Management Act 1994 ; or
(c) a
body, corporate or unincorporate, that is established or continued for a
public purpose by the State, regardless of the way it is established; or
(d) a
local government or regional local government;
quality assurance scheme means a scheme relating
to animals, agricultural products, potential carriers, animal feed or
fertilisers that is designed to assure that the animals, plants, agricultural
products, potential carriers, animal feed or fertilisers —
(a) are
of a particular quality or grade; or
(b) are
in a particular condition; or
(c) were
produced in a particular area or place; or
(d) were
produced in a particular manner; or
(e) have
been treated in a particular way; or
(f) are
free from a particular organism, chemical residue, contaminant or adulterant;
or
(g)
comply with particular conditions or requirements;
quarantine facility means a place used or to be
used as a quarantine facility under an arrangement under section 165 or
another secure facility used for quarantine purposes;
record means a document or record of information,
irrespective of how the information is recorded or stored or able to be
recovered and includes —
(a) a
thing from which images, sounds or writings can be reproduced, with or without
the aid of anything else; and
(b) a
thing on which information is recorded or stored, whether electronically,
magnetically, mechanically or by some other means;
residue , in relation to a chemical product or
other prescribed substance, includes residue of a derivative or metabolite of
the chemical product or other substance;
residue management notice means a notice given
under section 52;
stock means any animal prescribed for the purposes
of this definition;
supply includes do, or cause or permit the doing
of, any of the following —
(a)
sell;
(b) send
or deliver for sale or on sale;
(c)
dispose of under a hire purchase agreement;
(d)
give;
(e)
offer to do an act that would be a supply (including an act referred to in any
of the above paragraphs),
and includes supply under a contract for work or
labour that also involves the supply of any thing;
treat includes disinfect, disinfest, clean,
vaccinate or apply other prophylactic measures, and isolate;
unimproved value , in relation to
land —
(a) has
the meaning given to that term in the Valuation of Land Act 1978 ; and
(b) in
relation to a part of a lot, as that term is defined in the Land Tax
Assessment Act 2002 , has the meaning given in section 13 of that
Act;
unlisted organism has the meaning given to that
term in section 14;
vehicle has the meaning given to that term in the
Road Traffic Act 1974 ;
veterinary chemical product means a veterinary
chemical product as defined in the Agvet Code of Western Australia except
that —
(a)
despite section 5(4) of the Code, it includes a substance or mixture of
substances that is —
(i)
prepared in accordance with the instructions of a
veterinary surgeon by a person registered under the Health Practitioner
Regulation National Law (Western Australia) in the pharmacy profession in the
course of practice as a pharmacist; or
(ii)
prepared by a veterinary surgeon in the course of
practice as a veterinary surgeon;
and
(b) it
does not include a substance prescribed for the purposes of this definition;
veterinary surgeon means a registered veterinary
surgeon as defined in the Veterinary Surgeons Act 1960 ;
wildlife officer means a wildlife officer
designated as such under the Conservation and Land Management Act 1984.
[Section 6 amended by No. 35 of 2010
s. 31.]