Plant Protection (Sugarcane Smut) Quarantine Regulation 1998

Queensland Plant Protection Act 1989 PLANT PROTECTION (SUGARCANE SMUT) QUARANTINE REGULATION 1998 Reprinted as in force on 1 September 2002 (regulation not amended up to this date) This is the reprint current on the repeal date Reprint No. 1A This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This regulation is reprinted as at 1 September 2002. This page is specific to this reprint. See previous reprint for information about earlier changes made under the Reprints Act 1992. A table of earlier reprints is included in the endnotes. See endnotes for information about when provisions commenced. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, hard copy and electronic, are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If a hard copy reprint is dated earlier than an electronic version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of a hard copy reprint is the same as the date shown for an electronic version previously published, it merely means that the electronic version was published before the hard copy version. Also, any revised edition of the previously published electronic version will have the same date as that version. Replacement reprint date If the date of a hard copy reprint is the same as the date shown on another hard copy reprint it means that one is the replacement of the other.

Queensland PLANT PROTECTION (SUGARCANE SMUT) QUARANTINE REGULATION 1998 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 PART 2—NOTIFIABLE PEST DECLARATION 3 Declaration—Act, s 12(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PART 3—PEST QUARANTINE AREA Division 1—Declaration 4 Pest quarantine area. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Division 2—Objects of quarantine and pest control measures 5 Objects of quarantine. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 Restriction on entry of pests, plants, soil and appliances etc. . . . . . . . . . . . . 5 7 Restriction on using appliances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 8 Restriction on selling appliances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 9 Restriction on using clothing and footwear. . . . . . . . . . . . . . . . . . . . . . . . . . 6 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 8 HOST PLANTS ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2 Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . 9 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 5 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

s1 3 s2 Plant Protection (Sugarcane Smut) Quarantine Regulation 1998 PLANT PROTECTION (SUGARCANE SMUT) QUARANTINE REGULATION 1998 [reprinted as in force on 1 September 2002] PART 1—PRELIMINARY 1 Short title This regulation may be cited as the Plant Protection (Sugarcane Smut) Quarantine Regulation 1998 . 2 Definitions In this regulation— “appliance” see section 3(1) 1 of the Act. “clearance certificate” , for an appliance, means a certificate— (a) issued by— (i) an inspector of the department of government of Western Australia that deals with agricultural matters; or (ii) a person approved by the Director; and (b) stating that all plant material, sugarcane smut spores and soil have been removed from the appliance by— (i) disassembling it (if necessary); and (ii) steam cleaning or washing it with a water and detergent mixture under high pressure. “Director” means the Director of Sugar Experiment Stations. 2 1 Section 3 (Definitions) of the Act— “appliance” includes any vehicle, machinery, equipment or apparatus of any kind. 2 The Director is employed under the Sugar Industry Act 1991 , section 70.

s3 4 s4 Plant Protection (Sugarcane Smut) Quarantine Regulation 1998 “host plant” means a plant mentioned in the schedule. “Ord Irrigation District” means the Ord Irrigation District in Western Australia constituted as an irrigation district under section 28(1) of the Rights in Water and Irrigation Act 1914 (WA). “pest quarantine area” means the pest quarantine area declared under section 4. “sugarcane plant” means a plant of the genus Saccharum . PART 2—NOTIFIABLE PEST DECLARATION 3 Declaration—Act, s 12(1) The sugarcane smut pest is declared to be a notifiable pest for section 12 3 of the Act. PART 3—PEST QUARANTINE AREA Division 1—Declaration 4 Pest quarantine area The whole of Queensland is declared to be a pest quarantine area for the sugarcane smut pest. 3 See section 12 (Notification of pests) of the Act for the notification requirements imposed on owners of land and others.

s5 5 s6 Plant Protection (Sugarcane Smut) Quarantine Regulation 1998 Division 2—Objects of quarantine and pest control measures 5 Objects of quarantine The objects of the quarantine are— (a) to prevent the entry into Queensland of the sugarcane smut pest; and (b) to restrict the entry into Queensland, and the use and sale in Queensland, of appliances that may spread the sugarcane smut pest. 6 Restriction on entry of pests, plants, soil and appliances etc. (1) A person must not, without an inspector’s written approval, introduce into the pest quarantine area— (a) sugarcane smut; or (b) a plant infested with sugarcane smut; or (c) a host plant from Western Australia or the Northern Territory; or (d) soil from a parcel of land in the Ord Irrigation District on which a host plant was growing; or (e) any appliance that— (i) is intended to be used on a parcel of land being prepared for planting a host plant, or on which a host plant is growing, in the pest quarantine area; and (ii) has been in contact with a host plant, or on a parcel of land on which a host plant was growing, in the Ord Irrigation District. (2) Subsection (1)(e) does not apply to an appliance if— (a) it is accompanied by a clearance certificate issued after its last contact with a host plant or the last time it was on a parcel of land on which a host plant was growing; and (b) the person introducing it notifies the Director, as soon as practicable before it is introduced, of— (i) the date and place of entry into Queensland; and

s7 6 s9 Plant Protection (Sugarcane Smut) Quarantine Regulation 1998 (ii) a place in Queensland where the appliance may be examined by an inspector. 7 Restriction on using appliances (1) This section applies to a person who uses an appliance in the pest quarantine area on a parcel of land— (a) being prepared for planting a host plant; or (b) on which a host plant is growing. (2) The person must not, without an inspector’s written approval, use the appliance on the land if the appliance has, within 1 year before its use, been— (a) in contact with a host plant in the Ord Irrigation District; or (b) on a parcel of land on which a host plant was growing in the district. 8 Restriction on selling appliances A person must not, without an inspector’s written approval, sell an appliance in the pest quarantine area if the appliance— (a) is of a type normally used to transport or farm sugarcane plants; and (b) has, within 1 year before the sale, been— (i) in contact with a host plant in the Ord Irrigation District; or (ii) on a parcel of land on which a host plant was growing in the district. 9 Restriction on using clothing and footwear (1) This section applies to clothing or footwear that has been in contact with a host plant, or on a parcel of land on which a host plant was growing, in the Ord Irrigation District. (2) A person must not, without an inspector’s written approval, use the clothing or footwear in the pest quarantine area on a parcel of land— (a) being prepared for planting a host plant; or

s9 7 s9 Plant Protection (Sugarcane Smut) Quarantine Regulation 1998 (b) on which a host plant is growing. (3) Subsection (2) does not apply if, at any time before being used on the land in the pest quarantine area— (a) for clothing—it was washed for not less than 10 minutes in a water and detergent mixture at a temperature of more than 60ºC; and (b) for footwear—it was cleaned by removing all sugarcane smut spores and soil with a hot water and detergent mixture.

8 Plant Protection (Sugarcane Smut) Quarantine Regulation 1998 SCHEDULE HOST PLANTS section 2, definition “host plant” PART 1—HOST PLANTS WITH COMMON NAME Scientific name Imperata cylindrica Rottboellia cochinchinensis Saccharum edule Saccharum giganteum Saccharum (interspecific hybrids) Saccharum officinarum Saccharum sinense Saccharum spontaneum Common name blady grass itch grass pit pit giant plume grass sugarcane plume grass sugarcane or sugarcane uba cane or Japanese cane wild cane or pit pit PART 2—HOST PLANTS WITHOUT COMMON NAME Scientific name Saccharum barberi Saccharum robustum

9 Plant Protection (Sugarcane Smut) Quarantine Regulation 1998 ENDNOTES 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). However, no amendments have commenced operation on or before that day. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om orig p para prec pres Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = order in council = omitted = original = page = paragraph = preceding = present Key prev (prev) proc prov pt pubd R[X] RA reloc renum rep s sch sdiv SIA SIR SL sub unnum Explanation = previous = previously = proclamation = provision = part = published = Reprint No.[X] = Reprints Act 1992 = relocated = renumbered = repealed = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 1992 = subordinate legislation = substituted = unnumbered

10 Plant Protection (Sugarcane Smut) Quarantine Regulation 1998 4 Table of earlier reprints TABLE OF EARLIER REPRINTS [If a reprint number includes a roman letter, the reprint was released in unauthorised, electronic form only.] Reprint No. 1 Amendments included none Reprint date 25 August 1998 5 List of legislation Plant Protection (Sugarcane Smut) Quarantine Regulation 1998 SL No. 237 made by the Governor in Council on 20 August 1998 notfd gaz 21 August 1998 pp 1913–14 commenced on date of notification rep 1 September 2002 (2002 SL No. 205 s 132(1)) 6 List of annotations PART 4—AMENDMENT OF PLANT PROTECTION (PRESCRIPTION OF PESTS) REGULATION 1993 pt 4 (ss 10–12) exp 22 August 1998 (see s 12) © State of Queensland 2002