Plant Protection (Dickeya-Pineapple Strains) Notice 2016

[reprinted as in force on 23 May 2016]

1Short title

This notice may be cited as the Plant Protection (Dickeya-Pineapple Strains) Notice 2016 .

Note—

The authorising Act for this notice, the Plant Protection Act 1989 , will be repealed on the commencement of the Biosecurity Act 2014 on or before 1 July 2016 (see sections 2(2) and 504 of the Biosecurity Act 2014 ). See the notes to sections 3 and 4 for the effect of the repeal on this notice.

2Definitions

In this notice—

infected plant means a pineapple plant infected with pineapple-infecting Dickeya bacteria.

pest quarantine area, for pineapple-infecting Dickeya bacteria, is the area declared under section 4.

pineapple-infecting Dickeya bacteria means a strain of the Dickeya spp. bacteria that infects pineapples.

pineapple plant means a plant of the genus Ananas comosus.

3Pest declaration

All pineapple-infecting Dickeya bacteria are declared to be pests for the Act, section 4(2).

Notes—

1Under section 4(3) of the Act, a notice made under section 4(2) of the Act remains in force until whichever of the following happens first—

(a)a regulation under section 4(1) of the Act in relation to the same matter commences;

(b)3 months ends.

2On the commencement of the Biosecurity Act 2014 , this notice is taken to be an emergency declaration made by the chief executive under that Act, chapter 2, part 2 and continues to have effect for the period mentioned in note 1. See the Biosecurity Act 2014 , schedule 3, section 104.

4Pest quarantine area declaration

The whole of Queensland is declared to be a pest quarantine area for pineapple-infecting Dickeya bacteria for the Act, section 11(1).

Notes—

1Under section 11(9) of the Act, a notice made under section 11(1) of the Act remains in force until whichever of the following happens first—

(a)a regulation under section 11(1) of the Act in relation to the same matter commences;

(b)3 months ends.

2On the commencement of the Biosecurity Act 2014 , this notice is taken to be a biosecurity emergency order made by the chief executive under that Act, section 113 and continues to have effect for the period mentioned in note 1. See the Biosecurity Act 2014 , schedule 3, section 105.

5Objects of quarantine

The objects of the quarantine are—

(a)to prevent the spread of pineapple-infecting Dickeya bacteria in the pest quarantine area; and

(b)to control or remove pineapple-infecting Dickeya bacteria in or from the pest quarantine area.

6Restriction on moving restricted item within or out of pest quarantine area

(1)A person must not, without an inspector’s approval, move any of the following items (each a restricted item) within or out of the pest quarantine area—

(a)a pineapple plant grown, harvested or kept in the pest quarantine area;

(b)soil which has, or may have, come in contact with an infected plant;

(c)an appliance, container or other thing which has, or may have, come in contact with an infected plant.

(2)An inspector may give an approval under subsection (1), with or without conditions, only if the inspector is satisfied movement of the restricted item will not pose a significant risk of spreading pineapple-infecting Dickeya bacteria in the pest quarantine area.

7Obligation of land owner to allow surveillance

(1)If an inspector requires an owner of land in the pest quarantine area to allow the inspector to carry out surveillance on the land to look for and monitor the spread of pineapple-infecting Dickeya bacteria, the owner must not refuse to allow the inspector to carry out surveillance.

(2)Without limiting subsection (1), the inspector may carry out surveillance on the land by taking a sample of a plant or soil which may have come in contact with an infected plant and testing the sample, or having another person test the sample, on the land or at another place.

(3)The inspector may direct the owner to move or remove any thing on the land that would obstruct the inspector carrying out surveillance on the land.

Examples of things an inspector may direct to be moved or removed—

machinery, rubbish, vegetation

(4)When making the requirement or direction, the inspector must warn the owner it is an offence not to comply with the requirement or direction.

(5)In this section—

land does not include a dwelling house on the land.

© State of Queensland 2016