Fisheries (BHC) Quarantine Declaration 2002

Queensland Fisheries Act 1994 FISHERIES (BHC) QUARANTINE DECLARATION 2002 Reprinted as in force on 2 August 2002 (declaration not amended up to this date) Reprint No. 1 This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 2002 SL No. 193 s 12 but see also 1994 No. 34 s 102

Information about this reprint This declaration is reprinted as at 2 August 2002. 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 FISHERIES (BHC) QUARANTINE DECLARATION 2002 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 PART 2—DECLARED QUARANTINE AREA 3 Declaration of quarantine area—Act, s 95 . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Nature of quarantine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 PART 3—DISEASE CONTROL MEASURES 5 Restriction on moving fisheries resources out of declared quarantine area . 4 6 Restriction on moving live fisheries resources into declared quarantine area 4 7 Restriction on selling fisheries resources . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 8 Treating fisheries resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 9 Taking samples of fisheries resources and other thing . . . . . . . . . . . . . . . . . 5 10 Taking and removing, or destroying, fisheries resources . . . . . . . . . . . . . . . 5 11 Non-compliance with inspector’s direction. . . . . . . . . . . . . . . . . . . . . . . . . . 5 PART 4—EXPIRY 12 Expiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 2 Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . 7 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

s1 3 Fisheries (BHC) Quarantine Declaration 2002 s4 FISHERIES (BHC) QUARANTINE DECLARATION 2002 [reprinted as in force on 2 August 2002] PART 1—PRELIMINARY 1 Short title This declaration may be cited as the Fisheries (BHC) Quarantine Declaration 2002 . 2 Definitions In this declaration— “BHC” means a chemical that is the sum of isomers of 1, 2, 3, 4, 5, 6-hexachlorocyclohexane, other than lindane. “BHC residue” means a residue of BHC that has a concentration greater than 0.01 mg/kg for the residue in fisheries resources. “declared quarantine area” means the area declared to be a quarantine area under section 3. PART 2—DECLARED QUARANTINE AREA 3 Declaration of quarantine area—Act, s 95 Lot 1 on RP841658, Parish of Childers, County of Cook, Shire of Isis is declared to be a quarantine area for BHC residue. 4 Nature of quarantine The nature of the quarantine is—

s5 4 Fisheries (BHC) Quarantine Declaration 2002 s6 (a) to prevent fisheries resources being sold from, or brought out of, the declared quarantine area; and (b) to take samples of any thing in the declared quarantine area; and (c) to treat and remove, or destroy, fisheries resources that may contain BHC residue in the declared quarantine area. PART 3—DISEASE CONTROL MEASURES 5 Restriction on moving fisheries resources out of declared quarantine area (1) A person must not, without an inspector’s written consent, move fisheries resources out of the declared quarantine area. (2) An inspector’s consent may include directions about moving the fisheries resources. (3) Without limiting subsection (2), a direction may be made about— (a) how, or to where, the fisheries resources may be moved; or (b) the purposes for which the fisheries resources may be used after they are moved. 6 Restriction on moving live fisheries resources into declared quarantine area (1) A person must not, without an inspector’s written consent, move live fisheries resources into the declared quarantine area. (2) An inspector’s consent may include directions about moving the live fisheries resources. (3) Without limiting subsection (2), a direction may be made about— (a) how, or to where, the live fisheries resources may be moved; or (b) the purposes for which the live fisheries resources may be used after they are moved.

s 7 5 s 11 Fisheries (BHC) Quarantine Declaration 2002 7 Restriction on selling fisheries resources A person must not, without an inspector’s written consent, sell fisheries resources that come from the declared quarantine area. 8 Treating fisheries resources An occupier of a place in the declared quarantine area must not refuse to allow an inspector or a person authorised by an inspector to treat fisheries resources on the place. 9 Taking samples of fisheries resources and other thing An occupier of a place in the declared quarantine area must not refuse to allow an inspector or a person authorised by an inspector to take a sample of fisheries resources or other thing on the place. 10 Taking and removing, or destroying, fisheries resources If an inspector reasonably believes fisheries resources on a place in the declared quarantine area may contain BHC residue— (a) the inspector or a person authorised by the inspector may take and remove, or destroy, the fisheries resources; or (b) the inspector may direct the occupier of the place to remove or destroy the fisheries resources in a way the inspector directs. 11 Non-compliance with inspector’s direction A person to whom a direction under this declaration has been given must comply with the direction.

s 12 6 Fisheries (BHC) Quarantine Declaration 2002 s 12 PART 4—EXPIRY 12 Expiry This declaration expires 1 year after the commencement of this section, unless it is sooner revoked under section 102 1 of the Act. 1 Section 102 (Revocation of quarantine or emergency quarantine declaration) of the Act

7 Fisheries (BHC) Quarantine Declaration 2002 ENDNOTES 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 4 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 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. Future amendments of the Fisheries (BHC) Quarantine Declaration 2002 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 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

8 Fisheries (BHC) Quarantine Declaration 2002 4 List of legislation Fisheries (BHC) Quarantine Declaration 2002 SL No. 193 made by the chief executive, Department of Primary Industries, on 30 July 2002 notfd gaz 2 August 2002 pp 1291–2 commenced on date of notification exp 2 August 2003 (see s 12 but see also 1994 No. 37 s 102) © State of Queensland 2003