Western Australia: 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. Part 1 — Preliminary 1. Short title This is the Biosecurity and Agriculture Management Act 2007. 2. Commencement (1) This Act comes into operation on a day fixed by proclamation. (2) Different days may be fixed under subsection (1) for different provisions. 3. Objects of Act (1) The objects of this Act are to provide effective biosecurity and agriculture management for the State by providing the means to — (a) control the entry, establishment, spread and impact of organisms that have or may have an adverse effect on — (i) other organisms; 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; and (b) control the use of agricultural and veterinary chemicals; and (c) establish standards to ensure the safety and quality of agricultural products; and (d) raise funds for biosecurity-related purposes. (2) Nothing in this Act empowers the regulation of diseases which affect only human health. 4. Relationship with other Acts (1) Each of the following written laws must be read with this Act as if they formed a single Act — (a) the Biosecurity and Agriculture Management Rates and Charges Act 2007; (b) the Land Tax Assessment Act 2002, in its application to the assessment of rates payable under Part 6 Division 1 Subdivision 2; (c) the Taxation Administration Act 2003, in its application to rates payable under Part 6 Division 1 Subdivision 2. (2) The provisions of this Act are in addition to the provisions of the following Acts — (a) the Agricultural and Veterinary Chemicals (Western Australia) Act 1995; (b) the Animal Welfare Act 2002; (cb) the Biodiversity Conservation Act 2016; (c) the Environmental Protection Act 1986; (d) the Exotic Diseases of Animals Act 1993; [(e) deleted] (f) the Health (Miscellaneous Provisions) Act 1911; (gaa) the Public Health Act 2016; (ga) the Food Act 2008; (g) the Medicines and Poisons Act 2014; (h) the Police Act 1892. (3) Except as provided in section 40(3), if a provision of this Act is inconsistent with a provision of an Act referred to in subsection (2), the latter provision prevails to the extent of the inconsistency. [Section 4 amended: No. 13 of 2014 s. 182(2); No. 19 of 2016 s. 107 and 278(1); No. 24 of 2016 s. 311(2); No. 34 of 2016 s. 5.] 5. Act binds the Crown This Act binds the Crown in right of the State and, so far as the legislative power of the State permits, the Crown in all its other capacities. 6. Terms used 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; 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 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 (Administration) Act 2008 section 5; 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, regional local government or regional subsidiary; 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 (Administration) Act 2008 section 4; veterinarian has the meaning given in the Veterinary Practice Act 2021 section 3; 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 veterinarian 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 veterinarian in the course of practising veterinary medicine as defined in the Veterinary Practice Act 2021 section 3; and (b) it does not include a substance prescribed for the purposes of this definition; wildlife officer means a wildlife officer designated as such under the Conservation and Land Management Act 1984. [Section 6 amended: No. 35 of 2010 s. 31; No. 8 of 2012 s. 42; No. 24 of 2016 s. 311(3); No. 26 of 2016 s. 27; No. 19 of 2021 s. 227(2)‑(4).] 7. Meaning of contaminated For the purposes of this Act an animal, agricultural product, animal feed, fertiliser or other substance or thing is contaminated if — (a) it contains more of a chemical product or other substance than the maximum residue limit of that chemical product or other substance prescribed in relation to that animal, agricultural product, animal feed, fertiliser or other substance or thing; or (b) it contains such an amount of a chemical product or other substance that ordinary use of the animal, agricultural product, animal feed, fertiliser or other substance or thing is likely to result, directly or indirectly, in the presence of more than the maximum residue limit of that chemical product or other substance in another animal, agricultural product, animal feed, fertiliser or other substance or thing; or (c) it contains a substance or thing, other than a substance or thing in relation to which a maximum residue limit is prescribed, in the circumstances prescribed in relation to that substance or thing; or (d) the regulations prescribe circumstances in which an animal, agricultural product, animal feed, fertiliser or other substance or thing is contaminated, and those circumstances occur in relation to the animal, agricultural product, animal feed, fertiliser or other substance or thing. 8. Meaning of owner in relation to land (1) For the purposes of this Act, other than Part 6 Division 1, a person is an owner of land if the person is — (a) in relation to land alienated from the Crown, the holder (at law or in equity) of an estate in fee simple in the land; or (b) in relation to land that the Crown has lawfully agreed to alienate, the person who is entitled to the benefit of the agreement; or (c) in relation to land held under a lease lawfully granted by the Crown, the lessee; or (d) in relation to any other land, the public authority that has the care, control or management of the land or, if there is no such public authority, the Crown. (2) For the purposes of this Act, an owner of land referred to in subsection (1)(a), (b) or (c) (private land) is to be taken to be the owner, in addition to that land, of — (a) the land comprising any road that — (i) intersects the private land; or (ii) bounds the private land and is fenced only on the side further from the common boundary of the road and the private land; and (b) the land comprising half of the width of any road that bounds the private land and is fenced on both sides being the half that is nearer the common boundary of the road and the private land; and (c) the land comprising half the width of any road that separates the private land from other private land being the half that is nearer the common boundary of the road and the first‑mentioned private land. (3) Subsection (2) does not apply to or in relation to a road dedicated and open to public use and fenced on both sides. 9. Meaning of animal feed (1) In this Act — animal feed means a substance, mixture or compound consumed or intended for consumption by an animal or supplied for consumption by an animal, including — (a) basic animal feed; and (b) processed animal feed or manufactured animal feed; and (c) a by‑product, additive, supplement or nutrient; and (d) any other substance that is prescribed for the purposes of this definition. (2) In this section — additive means a substance or combination of substances added to basic animal feed for continuous long‑term administration to an animal for a specific purpose; basic animal feed means grain, seeds, hay, meat, fish or milk used as animal feed, or in the preparation of animal feed; by‑product means — (a) a by‑product of the production of basic animal feed or processed animal feed; or (b) a by‑product of the production of food for human consumption; or (c) another substance prescribed for the purposes of this definition; manufactured animal feed means a feed consisting of, or containing — (a) a feed made mainly or partly of basic animal feed (but not consisting solely of one or more basic animal feeds or products derived from milk); or (b) a processed animal feed, additive or supplement; or (c) a stock lick; processed animal feed means — (a) a basic animal feed that has been changed in form by chemical, physical or mechanical treatment; or (b) a by‑product. 10. When organism is to be taken to be on land For the purposes of this Act, a reference to an organism being on land is to be taken to include a reference to an organism that is — (a) on or in any water on or under the land; or (b) in the air above the land. 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. Term used: unlisted organism 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 22. Declared pests (1) A prohibited organism is a declared pest for the whole of Western Australia. (2) The Minister may declare that any other organism of a kind specified or described in the declaration is a declared pest for an area if there are reasonable grounds for believing that the organism — (a) has or may have an adverse effect on — (i) another organism in the area; or (ii) human beings in the area; or (iii) the environment, or part of the environment, in the area; or (iv) agricultural activities, fishing or pearling activities, or related commercial activities, carried on, or intended to be carried on, in the area; or (b) may have an adverse effect on any of those things if it were present in the area, or if it were present in the area in greater numbers or to a greater extent. (3) A declaration under this section may assign the declared pest to a category designated by the regulations. (4) Before making a declaration under this section the Minister must consult with — (a) any other 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. (5) The area for which an organism is declared to be a declared pest may be the whole or part of the State. (6) The declaration may set out or identify a management plan that must be followed by a person who has a duty under section 30 to control the declared pest. (7) Section 157 applies to a declaration made under subsection (2). 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 veterinarian, 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. [Section 26 amended: No. 19 of 2021 s. 227(5).] 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 Medicines and Poisons Act 2014. [Section 40 amended: No. 13 of 2014 s. 182(3).] 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 Minister administering the Biodiversity Conservation Act 2016. (6) If a provision of a management plan is inconsistent with a regulation, the regulation prevails to the extent of the inconsistency. [Section 45 amended: No. 24 of 2016 s. 311(4).] 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. Division 6 — Biosecurity Council 48. Biosecurity Council (1) The Minister must establish a Biosecurity Council by an instrument signed by the Minister that sets out — (a) the membership of the Council; and (b) any other matters in relation to the operation and procedures of the Council that the Minister considers appropriate. (2) The Minister may, by instrument signed by the Minister, amend an instrument made under subsection (1). (3) Subject to the instrument made under subsection (1), the Biosecurity Council may determine its own procedures. (4) Each member of the Biosecurity Council must be paid such remuneration and allowances as the Minister, on the recommendation of the Public Sector Commissioner, determines in the case of that member. [Section 48 amended: No. 39 of 2010 s. 89.] 49. Membership of Biosecurity Council (1) The Biosecurity Council must — (a) be comprised of members who, in the opinion of the Minister, have a genera