1Short titleThis regulation may be cited as the Biosecurity (White Spot Syndrome Virus) Amendment Regulation 2017.2Regulation amendedThis regulation amends the Biosecurity Regulation 2016.3Insertion of new ch 5, pt 12Chapter 5—insert—Part 12White spot biosecurity zone regulatory provisions94AEstablishing biosecurity zone—Act, s 128(1)(a)The whole of the State is established as a biosecurity zone (the white spot biosecurity zone) for the white spot syndrome virus. 94BBiosecurity areas—Act, s 129(1)(c)(1)The chief executive may, under section 129(1)(c)(i) of the Act, establish particular areas (each a biosecurity area) within the white spot biosecurity zone.(2)The chief executive may, under section 129(1)(c)(ii) of the Act, provide for lesser restrictions, in relation to a biosecurity area, than would otherwise apply in relation to the area under this part.94CRestriction on moving white spot syndrome virus carriers(1)A person must not move a white spot syndrome virus carrier from a place in the regulated movement area to a place outside the area.(2)However, a person may move the carrier if—

(a)the carrier is cooked; or

(b)the carrier is an excluded carrier; or

(c)all of the following apply—

(i)there is a compliance agreement for the carrier;

(ii)the other party to the agreement holds a compliance certificate under the agreement for the carrier;

(iii)if the carrier is removed from the business premises of the other party to the agreement—

(A)the carrier is in a sealed container; and

(B)the seal of the container is not broken when the container is in the regulated movement area; or

Note—For compliance agreements and certificates see chapter 14, part 3 of the Act.

(d)all of the following apply—

(i)the carrier is being transported between 2 places outside the regulated movement area through the regulated movement area;

(ii)the carrier is transported in a sealed container;

(iii)the seal of the container is not broken when the container is in the regulated movement area.

Notes—

1A biosecurity instrument permit, under chapter 6, part 4 of the Act, may authorise non-compliance with a biosecurity zone regulatory provision.

2See section 94B for the establishment of biosecurity areas to which lesser restrictions may apply.

(3)In this section—excluded carrier means a white spot syndrome virus carrier that is—

(a)a blue swimmer crab (Portunus armatus); or

(b)a bug (Ibacus spp. and Thenus spp.); or

(c)a mud crab (Scylla spp.); or

(d)a red champagne lobster (Linuparus trigonus); or

(e)a redclaw ( Cherax quadricarinatus); or

(f)a slipper lobster (Scyllarides spp.); or

(g)a spanner crab (Ranina ranina); or

(h)a three-spotted crab (Portunus sanguinolentus); or

(i)a tropical rocklobster (family Palinuridae).

regulated movement area means the white spot biosecurity zone other than a biosecurity area established for the purpose of permitting unrestricted movement of a white spot syndrome virus carrier.94DRestrictions on fishing in white spot biosecurity zone(1)A person must not engage in fishing in the white spot biosecurity zone—

(a)in a drainage channel, or an intake channel, used by a prawn facility; or

(b)within 100m of an intake or outlet of a channel mentioned in paragraph (a).

(2)However, subsection (1) does not apply if the person—

(a)is fishing with the consent of the owner of the facility; or

(b)did not know, and could not reasonably have known, the facility was a prawn facility.

Notes for subsections (1) and (2)—

1A biosecurity instrument permit, under chapter 6, part 4 of the Act, may authorise non-compliance with a biosecurity zone regulatory provision.

2See section 94B for the establishment of biosecurity areas to which lesser restrictions may apply.

(3)In this section—fishing see the Fisheries Act 1994, schedule.94EOwner of prawn facility to identify drainage channels and intake channels(1)This section applies to an owner of a prawn facility located in the white spot biosecurity zone.(2)The owner must ensure that each drainage channel and intake channel used by the facility, and each intake and outlet of the channels, is identified by signage in a form approved by the chief executive.Notes—

1A biosecurity instrument permit, under chapter 6, part 4 of the Act, may authorise non-compliance with a biosecurity zone regulatory provision.

2See section 94B for the establishment of biosecurity areas to which lesser restrictions may apply.

4Amendment of sch 3 (Code of Practice for Feed for Food Producing Animals)(1)Schedule 3, section 3, definition Food producing animal, paragraph (b)(iv), ‘fish other’—omit, insert—fin fish other(2)Schedule 3, schedule 3—insert—fin fish see the Fisheries Regulation 2008, schedule 11, part 2.5Amendment of sch 11 (Dictionary)Schedule 11—insert—biosecurity area see section 94B(1).drainage channel, in relation to a prawn facility, means a channel or structure in which water flows from the facility to a body of water not forming part of the facility.intake channel, in relation to a prawn facility, means a channel or structure in which water flows from a body of water not forming part of the facility into the facility.prawn facility means a land-based premises at which aquaculture activities are carried out under an authority under the Fisheries Act 1994 if—

(a)prawns (family Penaeidae) are grown at the facility; or

(b)less than 1 year has elapsed since prawns (family Penaeidae) were grown at the facility.

white spot biosecurity zone see section 94A.white spot syndrome virus carrier means—

(a)a decapod crustacean; or

(b)a polychaete worm.