Plant Protection (Electric Ant) Quarantine Notice 2006

Queensland Plant Protection Act 1989 Plant Protection (Electric Ant) Quarantine Notice 2006 Reprinted as in force on 15 June 2006 Reprint No. 0A 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 1989 Act No. 14 s 11(9)(a)

Information about this reprint This notice is reprinted as at 15 June 2006. This page is specific to this reprint. A table of reprints is included in the endnotes. Also 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 (Electric Ant) Quarantine Notice 2006 Contents Part 1 1 2 3 Part 2 4 5 Part 3 Division 1 6 Division 2 7 8 9 10 11 Schedule Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Meaning of high risk item . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Pest quarantine area and objects of quarantine Declaration of pest quarantine area . . . . . . . . . . . . . . . . . . . . . . . 5 Objects of quarantine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Pest control measures Restrictions on movement Restrictions on movement within or out of pest quarantine area . 6 Other obligations of land owners Definition for div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Obligation of owner of land to monitor for electric ant . . . . . . . . . 6 Obligation of owner of land to allow surveillance . . . . . . . . . . . . . 6 Restriction on who may treat land or things . . . . . . . . . . . . . . . . . 7 Treatment of infested land or things . . . . . . . . . . . . . . . . . . . . . . . 7 Pest quarantine area for electric ant . . . . . . . . . . . . . . . . . . . . 9 Endnotes 1 2 3 4 5 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 10 10 11 11

s1 3 Plant Protection (Electric Ant) Quarantine Notice 2006 Plant Protection (Electric Ant) Quarantine Notice 2006 [reprinted as in force on 15 June 2006] s2 Part 1 Preliminary 1 Short title This notice may be cited as the Plant Protection (Electric Ant) Quarantine Notice 2006 . Note — Under section 11(9) of the Act, this notice remains in force until whichever of the following first happens— (a) the commencement of a regulation under section 11(1) of the Act in relation to the same matter; or (b) the end of 3 months. 2 Definitions In this notice— electric ant means the pest, electric ant Wasmannia auropunctata (Roger). high risk item see section 3. pest quarantine area means the pest quarantine area declared under section 4(1). prescribed person means a person authorised by the chief executive. soil includes a soil substitute that could be used as a growing medium for a plant. Examples — potting mix, organic mulch

s3 4 s3 Plant Protection (Electric Ant) Quarantine Notice 2006 3 Meaning of high risk item (1) A high risk item means any of the following— (a) a plant; (b) soil or a thing that has soil attached; Example — turf (c) waste material, other than soil, that— (i) comes from the ground; or (ii) is manufactured from material that comes from the ground; Examples — • material extracted from the ground as part of building construction • kiln dust (d) waste bio-solids that are a product of processing or manufacturing an animal, a plant or anything that comes from an animal or a plant; Examples — • solid waste from a sewage treatment plant • solid waste produced by processing an animal at an abattoir (e) a container used for growing, harvesting, moving, packing or storing that contains soil or has soil attached; Examples of a container — bee hive, bin, carton, case, crate, pallet, pot (f) baled hay or straw; (g) an appliance used— (i) to disturb soil; or (ii) for packing or moving a thing mentioned in paragraph (a) to (e). (2) Also, a thing is a high risk item if— (a) the thing is associated with an activity performed by a person; and

s4 5 s5 Plant Protection (Electric Ant) Quarantine Notice 2006 (b) an inspector— (i) decides the thing may spread electric ant; and (ii) notifies the person of the decision. Example of a thing associated with an activity — rubbish that is put out for collection Part 2 Pest quarantine area and objects of quarantine 4 Declaration of pest quarantine area (1) The area shown as hachured on the map in the schedule is declared to be a pest quarantine area for electric ant. (2) The chief executive must— (a) keep a copy of the map available for inspection, free of charge, by members of the public; and (b) allow a person to take, free of charge, a copy of the map. (3) For subsection (2), the map or a part of the map may be enlarged to show the detail of the boundary of the pest quarantine area. Editor’s note — The map is available for inspection, or a copy may be obtained from, the department’s offices at 80 Ann Street, Brisbane or 21–23 Redden Street Cairns, during business hours. The map may also be viewed on the department’s website at <www.dpi.qld.gov.au>. 5 Objects of quarantine The objects of the quarantine for the pest quarantine area are— (a) to prevent the movement of electric ant within or out of the pest quarantine area; and (b) to eradicate electric ant in Queensland.

s6 6 s9 Plant Protection (Electric Ant) Quarantine Notice 2006 Part 3 Pest control measures Division 1 Restrictions on movement 6 Restrictions on movement within or out of pest quarantine area A person must not, without an inspector’s approval, move a live electric ant or a high risk item within or out of the pest quarantine area. Division 2 Other obligations of land owners 7 Definition for div 2 In this division— land does not include a dwelling house on the land. 8 Obligation of owner of land to monitor for electric ant (1) An owner of land in the pest quarantine area must, if directed by an inspector, monitor the land for electric ant in the way the inspector considers appropriate for finding electric ant. (2) An inspector may give a direction under subsection (1) only if the inspector— (a) reasonably believes the land may be infested with electric ant; or (b) is satisfied there is a significant risk of spreading electric ant on the land. (3) If the owner becomes aware of electric ant on the land, the owner must notify the inspector within 24 hours after becoming aware of it. 9 Obligation of owner of land to allow surveillance (1) This section applies if an inspector or a prescribed person

s 10 7 s 11 Plant Protection (Electric Ant) Quarantine Notice 2006 requires an owner of land in the pest quarantine area to allow the inspector or prescribed person to carry out surveillance on the land to look for and monitor the spread of electric ant. (2) The owner must not refuse to allow the inspector or prescribed person to carry out the surveillance. (3) Without limiting subsection (1), an inspector or a prescribed person may carry out surveillance on the land by putting baits, lures or traps on the land. (4) The inspector or prescribed person may direct the owner to remove any thing on the land that would obstruct the inspector or prescribed person carrying out surveillance on the land. Examples of things for subsection (4) — rubbish, scrap metal, vegetation (5) When making the requirement or direction, the inspector or prescribed person must give the person an offence warning. 10 Restriction on who may treat land or things An owner of land in the pest quarantine area must not, unless directed by an inspector, treat, or allow another person, other than an inspector or a prescribed person, to treat— (a) the land; or (b) the following on the land— (i) electric ant; (ii) a plant or other thing infested with electric ant. 11 Treatment of infested land or things (1) This section applies if an inspector directs an owner of land infested with electric ant to treat, or allow an inspector or a prescribed person to treat— (a) the land; or (b) the following on the land— (i) electric ant; (ii) a plant or other thing infested with electric ant.

s 11 8 s 11 Plant Protection (Electric Ant) Quarantine Notice 2006 (2) If the owner is directed to carry out the treatment, the owner must carry out the treatment in the way directed by the inspector. (3) If the owner is directed to allow an inspector or a prescribed person to carry out the treatment, the owner must not refuse to allow the inspector or prescribed person to carry out the treatment. (4) When making the direction, the inspector must give the owner an offence warning.

9 Plant Protection (Electric Ant) Quarantine Notice 2006 Schedule Pest quarantine area for electric ant section 4(1) CAPTAIN COOK HIGHWAY Smithfield Conservation Park Legend Roads Other Roads Major Roads Secondary Roads Suburbs Rivers Reserve Cadastre Electric Ant PQA MCGREGOR ROAD MCGREGOR ROAD LYDIA STREET MACALISTER PLACE LAMB STREET FORMANTINE ROAD LAMB STREET DENNISON COURT KRAKATOA COURT LYDIA STREET DORA STREET MARCIA CLOSE TIMBER TERRACE LYDIA STREET ANNE STREET JARDA STREET TOOLONG CLOSE ALLYSON STREET CARBINE CLOSE GARNET STREET CAPTAIN COOK HIGHWAY ACKNOWLEDGEMENTS Based on Data provided with the permission of the Department of Natural Resources and Mines and MapInfo Australia Pty Ltd State Digital Road Network (SDRN) © MapInfo Aust Pty Ltd 2002. © The State of Queensland (Department of Natural Resources and Mines) 2002. ROA D MCGREGOR ROAD MAISEL CLOSE ARDISIA STREET ARDISIA STREET CAPTAIN COOK HIGHWAY CAPTAIN COOK HIGHWAY ARDISIA STREET GAVIN STREET ANNE STREET NINA CLOSE SHARON STREET BENA STREET GILLIAN CLOSE ± HELEN CLOSE CCAAPPTTAAININCCOOOOKKHHIGIGHHWWAAYY GAVIN STREET BUFFER CLOSE SMITHFIELD Kuranda National Park ROA D STANTON ROAD CHATHAM TERRACE UPPER STANTON ROAD CAIRNS CITY UPPER STANTON ROAD STANTON ROAD STANTON ROAD DARKIN CLOSE AMAROO CLOSE LESLEY STREET HEATHER STREET MARIAN CLOSE GAVIN STREET STANTON ROAD STANTON ROAD AMAROO CLOSE FURROW CLOSE LESLEY STREET COUNTY CLOSE SURVEY STREET RANGEVIEW CLOSE STREET SURVEY ELLIVER STREET KNIGHT ROAD SURVEY STREET MESA CLOSE CUMBERLAND AVENUE LANGSAT CLOSE GRAMPIAN CLOSE SURVEY STREET NIMBA CLOSE CAMBRIAN AVENUE CAMERON CLOSE KATANGA CLOSE ATLAS CLOSE CUMBERLAND AVENUE CANTAL CLOSE KNIGHT ROAD CAPTAIN COOK HIGHWAY ROA D ROA D PENNINE CLOSE KENNEDY HIGHWAY KENNEDY HIGHWAY MACALISTER RANGE 0 0.25 AVONDALE CREEK 0.5 1 Kilometres CAPTAIN COOK HIGHWAY CAPTAIN COOK HIGHWAY

10 Plant Protection (Electric Ant) Quarantine Notice 2006 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 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 Plant Protection (Electric Ant) Quarantine Notice 2006 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 prev 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 = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No.[X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered

11 Plant Protection (Electric Ant) Quarantine Notice 2006 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 Amendments included none Effective 15 June 2006 Notes 5 List of legislation Plant Protection (Electric Ant) Quarantine Notice 2006 SL No. 138 made by the Minister for Primary Industries and Fisheries on 13 June 2006 notfd gaz 15 June 2006 pp 691A–2 commenced on date of notification exp 1989 No. 14 s 11(9) by either— (a) the commencement of a replacement regulation; or (b) the end of 3 months (16 September 2006) Note—The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. © State of Queensland 2006