Biosecurity (Polyphagous Shot-hole Borer) Amendment Regulation 2023


Queensland Crest

1Short title

This regulation may be cited as the Biosecurity (Polyphagous Shot-hole Borer) Amendment Regulation 2023.

2Regulation amended

This regulation amends the Biosecurity Regulation 2016.

3Insertion of new ch 5, pt 12B

Chapter 5—
insert—

Part 12B Polyphagous shot-hole borer biosecurity zone regulatory provisions

94EF Definitions for part

In this part—
carrier plant means a plant that is capable of being infested with polyphagous shot-hole borer.

Note—

See the biosecurity manual for a list of plants that are capable of being infested with polyphagous shot-hole borer.
polyphagous shot-hole borer means polyphagous shot-hole borer (Euwallacea fornicatus).
polyphagous shot-hole borer biosecurity zone see section 94EG.
polyphagous shot-hole borer carrier means—
(a)a carrier plant, or part of a carrier plant, that—
(i)is alive; and
(ii)has woody parts that are larger than 2cm in diameter; or
(b)wood, other than processed wood, mulch or woodchips, that is—
(i)from a carrier plant; and
(ii)larger than 2cm in diameter; or
(c)mulch or a woodchip that is—
(i)from a carrier plant; and
(ii)larger than 2.5cm in diameter; or
(d)an appliance that has come into contact with a carrier mentioned in paragraph (a), (b) or (c).
processed wood means—
(a)wood that has been treated, dried or seasoned for at least 6 months; or
(b)wooden articles that are in use for construction, furniture or packaging.

Examples of wooden articles for paragraph (b)—

fencing, pallets, sawn timber

94EG Establishing biosecurity zone—Act, s 128

The whole of the State is established as a biosecurity zone (the polyphagous shot-hole borer biosecurity zone) for polyphagous shot-hole borer and polyphagous shot-hole borer carriers.

94EH Restriction on moving polyphagous shot-hole borer carriers

(1)A person must not move a polyphagous shot-hole borer carrier into the polyphagous shot-hole borer biosecurity zone from a State where polyphagous shot-hole borer has been found.
(2)However, a person may move a polyphagous shot-hole borer carrier into the polyphagous shot-hole borer biosecurity zone if—
(a)the carrier has come from a certified interstate free area for polyphagous shot-hole borer; or
(b)the person—
(i)gets an acceptable biosecurity certificate that states the carrier meets the risk minimisation requirements for the carrier, before moving the carrier; and
(ii)ensures, under section 46, that, until the move is completed, the carrier is dealt with in accordance with the risk minimisation requirements for the carrier.

Note—

A biosecurity instrument permit, under chapter 6, part 4 of the Act, may authorise non-compliance with a biosecurity zone regulatory provision.

94EI Notifying presence of polyphagous shot-hole borer

(1)This section applies if a person becomes aware or believes, or ought reasonably to believe, that polyphagous shot-hole borer is present in or on a polyphagous shot-hole borer carrier.
(2)The person must notify an inspector of the presence of polyphagous shot-hole borer as soon as practicable.

Note—

A biosecurity instrument permit, under chapter 6, part 4 of the Act, may authorise non-compliance with a biosecurity zone regulatory provision.

4Replacement of ch 10, hdg (Consequential amendments and repeals)

Chapter 10, heading—
omit, insert—

Chapter 10 Repeals and revocations

5Renumbering of ch 10, pt 2 (Repeals)

Chapter 10, part 2—
renumber as chapter 10, part 1.

6Insertion of new ch 10, pt 2

Chapter 10—
insert—

Part 2 Revocations

131Revocation of movement control order for polyphagous shot-hole borer and carriers—Act, s 124

The movement control order for polyphagous shot-hole borer and carriers made on 1 June 2023 is revoked.

7Amendment of sch 11 (Dictionary)

Schedule 11—
insert—

carrier plant, for chapter 5, part 12B, see section 94EF.
polyphagous shot-hole borer, for chapter 5, part 12B, see section 94EF.
polyphagous shot-hole borer biosecurity zone, for chapter 5, part 12B, see section 94EG.
polyphagous shot-hole borer carrier, for chapter 5, part 12B, see section 94EF.
processed wood, for chapter 5, part 12B, see section 94EF.