Biosecurity Act 2014 – 1 July 2016
Biosecurity Act 2014 – 1 July 2016
Biosecurity Regulation 2016 – 12 August 2016
Quick to view summary
A person who deals with biosecurity matter or a carrier has an obligation to take all reasonable and practical measures to prevent or minimise the biosecurity risk. If the person becomes aware of the presence of biosecurity matter that is prohibited/restricted matter, the person must advise the government of the presence of the biosecurity matter without delay (for a prohibited matter) and as soon as practicable but no more than 24 hours (for a restricted matter). Refer to Schedule 1 to ascertain what is a prohibited matter and to Schedule 2 to ascertain what is a restricted matter. For the definition of ‘deals with’, refer to the Schedule 4 dictionary.
- Sections 13, 16, 17, 19, 21, 23, 24, 25, 26, 29, 36, 38, 42, 109, Schedules 1, 2, 4; Regulations 23, 30, 33, 35, 47
A person must not feed restricted animal material to a ruminant (animal). For the definition of ‘ruminant’, refer to your own dictionary. For the definition of ‘restricted animal material’, refer to section 45B of the Act.
- Sections 45A, 45B, 46, 46A, 46B; Regulations 121, 122
A person must advise the government of prescribed notifiable events including: the appearance of blisters on the mouths or feet of designated animals, an abnormally high mortality or morbidity rate in plants or in designated animals, a sudden and unexplained fall in production relating to plants or designated animals (among other events). For the definition of ‘designated animal’, refer to section 134 of the Act.
- Sections 13, 47, 134, Schedule 4; Regulation 19
A person must not, without reasonable excuse: (a) damage a barrier fence part; or (b) make an opening in a barrier fence.
- Section 97
A person must not, without reasonable excuse, build a structure, excavate land or carry out another activity near a barrier fence part if the structure, excavation or carrying out of the activity is likely to obstruct the inspection or maintenance of the fence.
- Section 98
A person must close a gate in the barrier fence immediately after using the gate, unless the person has a reasonable excuse.
- Section 99
A regulation may make codes of practice about matters relating to biosecurity.
- Sections 104, 106; Regulations 6, 7, 8, 9, Schedules 2, 3
A person who is subject to the operation of a biosecurity instrument (defined to include a movement control order or biosecurity zone regulatory provisions) may apply to the government for a permit authorising the person to perform an activity, or not to perform an activity, other than in compliance with the biosecurity instrument.
- Sections 131, 132
A registrable biosecurity entity must generally apply for registration with the government (as a biosecurity entity). An application is to be made in the approved form. For the definition of ‘registrable biosecurity entity’, refer to section 141 of the Act. Pursuant to this definition, a person is a registrable biosecurity entity if they keep the threshold number of designated animals. For the definition of ‘designated animals’, refer to section 134 of the Act. For the relevant threshold, refer to section 137 of the Act. A registration requirement may exist where 1 animal is kept. Where registration occurs, a property identification code (PIC) may be allocated to any designated place the subject of the registration. Registration is for a term of not more than 3 years and cannot be transferred. Note: If the government registers an entity for its keeping of bees, the government must allocate a hive identification number (a HIN) to the entity for the entity’s hives.
- Sections 134, 137, 139, 141, 145, 146, 147, 148, 149, 150, 151, 153, 154, 155
A person must not keep bees unless the bees are kept in a hive.
- Section 157
A registered biosecurity entity that has a HIN allocated to it by the government must ensure that the hives the entity uses for the keeping of bees are marked or branded with the HIN. For hives not on or adjacent to residential land, a special notice is to be placed in a conspicuous place within the hives. For further details, refer to section 159 of the Act.
- Sections 158, 159; Regulation 95
A person must not fit (brand, tattoo or insert) an approved device (tag/other identifying device) to a special designated animal if the device is not a suitable approved device for the animal. For the definition of ‘special designated animal’, refer to section 135 of the Act. For the definition of ‘suitable approved device’, refer to section 177 of the Act.
- Sections 135, 174, 175, 176, 177, 178, 202
A special designated animal must not be moved from its place of origin without a suitable approved device fitted.
- Sections 179, 180; Regulation 96
A person may apply to the government in the approved form for a travel approval for the movement of a special designated animal.
- Sections 181, 182
A person who takes delivery of a special designated animal is to provide, in most instances, prescribed information to the NLIS administrator.
- Sections 144, 185, 186, 187, 188, 189, 190, 192, 193; Regulations 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114
A relevant person must create a movement record in the appropriate form prior to moving a designated animal. If the animal is a special designated animal, the conveyor or drover must possess a copy of the movement record prior to the movement. For details of the ‘appropriate form’, refer to section 195 of the Act.
- Sections 13, 194, 195, 196, 197, 198, 199, Schedule 4; Regulations 87, 97
A person may apply to the government in the approved form for a prohibited matter permit or restricted matter permit. The types of permits include: scientific research, controlled dealings (for prohibited matter) and biological control, commercial use and scientific research (for restricted matter) An application must be accompanied by a permit plan. For the definition of ‘permit plan’, refer to section 213 of the Act. If a permit is granted, it cannot be for a term of more than 3 years.
- Sections 211, 212, 213, 214, 216, 217, 218, 220, 221, 222, 223, 224, 230; Regulations 115, 116, 117, 118, 119, 120
A person who has suffered loss or damage from a biosecurity response may be entitled to compensation pursuant to a compensation scheme or statutory compensation. For the definition of ‘biosecurity response’, refer to section 338 of the Act.
- Sections 338, 339, 342, 343, 344, 345, 346, 347, 348, 349, 351
A person may apply in the approved form to the government to become an accredited certifier. Accreditation is for the purpose of providing biosecurity certificates. Accreditation will only be granted to a person with relevant expertise/experience.
- Sections 412, 413, 414, 415, 420, 421, 422, 423, 425, 426, 428, 429, 430, 437, 468, 473
A person may apply to the government, in the approved form, for a an exotic disease diagnostic
test kit or method approval.
- Regulations 3, 25, 27, 28, Schedule 11
An owner or occupier of infested land for cattle tick must: take action to eradicate cattle tick from the land and if the biosecurity manual states a way or procedure for the eradication of cattle tick from land—comply with the stated way or procedure.
- Regulation 61
Reason for law
To provide a framework for an effective biosecurity system for Queensland that: (i) helps to minimise biosecurity risks; and (ii) facilitates responding to impacts on a biosecurity consideration, including responding to biosecurity events, in a timely and effective way. (Section 4)
Property (place) registration
Property identification code (PIC) registration [Business and Industry Portal]
Requirements for animal owners and keepers to register with Biosecurity Queensland [Business and Industry Portal]
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