1Short titleThis regulation may be cited as the Biosecurity (Polyphagous Shot-hole Borer) Amendment Regulation 2023.2Regulation amendedThis regulation amends the Biosecurity Regulation 2016.3Insertion of new ch 5, pt 12BChapter 5—insert—Part 12BPolyphagous shot-hole borer biosecurity zone regulatory provisions94EF Definitions for partIn this part—carrier plant means a plant that is capable of being infested with polyphagous shot-hole borer.Note—See the biosecurity manual for a list of plants that are capable of being infested with polyphagous shot-hole borer.polyphagous shot-hole borer means polyphagous shot-hole borer (Euwallacea fornicatus).polyphagous shot-hole borer biosecurity zone see section 94EG.polyphagous shot-hole borer carrier means—

(a)a carrier plant, or part of a carrier plant, that—

(i)is alive; and

(ii)has woody parts that are larger than 2cm in diameter; or

(b)wood, other than processed wood, mulch or woodchips, that is—

(i)from a carrier plant; and

(ii)larger than 2cm in diameter; or

(c)mulch or a woodchip that is—

(i)from a carrier plant; and

(ii)larger than 2.5cm in diameter; or

(d)an appliance that has come into contact with a carrier mentioned in paragraph (a), (b) or (c).

processed wood means—

(a)wood that has been treated, dried or seasoned for at least 6 months; or

(b)wooden articles that are in use for construction, furniture or packaging.Examples of wooden articles for paragraph (b)—fencing, pallets, sawn timber

94EG Establishing biosecurity zone—Act, s 128The whole of the State is established as a biosecurity zone (the polyphagous shot-hole borer biosecurity zone) for polyphagous shot-hole borer and polyphagous shot-hole borer carriers.94EH Restriction on moving polyphagous shot-hole borer carriers(1)A person must not move a polyphagous shot-hole borer carrier into the polyphagous shot-hole borer biosecurity zone from a State where polyphagous shot-hole borer has been found.(2)However, a person may move a polyphagous shot-hole borer carrier into the polyphagous shot-hole borer biosecurity zone if—

(a)the carrier has come from a certified interstate free area for polyphagous shot-hole borer; or

(b)the person—

(i)gets an acceptable biosecurity certificate that states the carrier meets the risk minimisation requirements for the carrier, before moving the carrier; and

(ii)ensures, under section 46, that, until the move is completed, the carrier is dealt with in accordance with the risk minimisation requirements for the carrier.

Note—A biosecurity instrument permit, under chapter 6, part 4 of the Act, may authorise non-compliance with a biosecurity zone regulatory provision.94EI Notifying presence of polyphagous shot-hole borer(1)This section applies if a person becomes aware or believes, or ought reasonably to believe, that polyphagous shot-hole borer is present in or on a polyphagous shot-hole borer carrier.(2)The person must notify an inspector of the presence of polyphagous shot-hole borer as soon as practicable.Note—A biosecurity instrument permit, under chapter 6, part 4 of the Act, may authorise non-compliance with a biosecurity zone regulatory provision.4Replacement of ch 10, hdg (Consequential amendments and repeals)Chapter 10, heading—omit, insert—Chapter 10Repeals and revocations5Renumbering of ch 10, pt 2 (Repeals)Chapter 10, part 2—renumber as chapter 10, part 1.6Insertion of new ch 10, pt 2Chapter 10—insert—Part 2Revocations131Revocation of movement control order for polyphagous shot-hole borer and carriers—Act, s 124The movement control order for polyphagous shot-hole borer and carriers made on 1 June 2023 is revoked.7Amendment of sch 11 (Dictionary)Schedule 11—insert—carrier plant, for chapter 5, part 12B, see section 94EF.polyphagous shot-hole borer, for chapter 5, part 12B, see section 94EF.polyphagous shot-hole borer biosecurity zone, for chapter 5, part 12B, see section 94EG.polyphagous shot-hole borer carrier, for chapter 5, part 12B, see section 94EF.processed wood, for chapter 5, part 12B, see section 94EF.