The below outline key terms and definitions according to the Biosecurity Act 2015.
Key terms and definitions Biosecurity Act 2015
Authorised officer
An authorised officer is a person that that has been authorised under the Act to manage biosecurity risk by performing certain functions, such as investigating, monitoring and enforcing compliance with the Act. An authorised officer can request information, investigate a biosecurity risk, enter premises in particular circumstances, accept a biosecurity undertaking and where the risk is significant give a biosecurity direction to a person to take particular actions. Authorised officers include staff employed within NSW DPI, Local Land Services, Local Control Authorities and other agencies, including police officers in certain situations
Biosecurity auditors
A biosecurity auditor is a person accredited under the Act to undertake certain types of audits. Auditing is an effective educational and compliance tool to faciliate good governance and compliance with conditions of accreditation, registration and individual and group permit holders.
Biosecurity undertaking
If an authorised officer reasonably believes a contravention is occurring or likely to occur in relation to a requirement imposed under the Act, a person may give the authorised officer an undertaking that they will take action to remedy the contravention, or suspected contravention. It is generally a written agreement that specifies the agreed actions that a person will take to remedy the situation. Undertakings may be given in certain circumstances instead of a biosecurity direction being issued.
Biosecurity direction
A biosecurity direction is a direction given by an authorised officer, which has legal force. It may be given to an individual or to a class of persons, and specifies what the person or class of persons are required to do to prevent, eliminate or minimise a particular biosecurity risk or to enforce the requirements of the Biosecurity Act. Non-compliance can attract prosecution and significant penalties. Biosecurity directions are usually in writing, although in some cases may be given verbally. If given verbally, written confirmation of the verbal direction is to be provided within seven days, unless the direction has already been complied with.
Biosecurity certificate
A biosecurity certificate is a certificate issued under the Biosecurity Act that certifies any of the following: * that an area or thing is free from stated biosecurity matter, * that an area or thing contains a specified level of stated biosecurity matter, * that something has been treated in a specified manner, or * that something is in a specified condition. Biosecurity certificates are an important part of the Interstate Certification Assurance (ICA) and Certification Assurance (CA) schemes in the plant industry. They also support certification of many of the conditions within the Biosecurity Order (Permitted Activities) 2017 to permit a dealing that would otherwise contravene a requirement under the Biosecurity Act for example, movement of machinery from parthenium infested areas of QLD or stock from cattle tick infested areas of QLD
Biosecurity certifiers
A biosecurity certifier is a person accredited under the Act, or a corresponding law of a State or Territory to issue biosecurity certificates. Their accreditation in some cases may be limited to a particular type of biosecurity certificate. For example, a business may be accredited as a biosecurity certifier to issue Plant Health Assurance Certificates for a particular biosecurity matter or carrier, to certify that the plant health quarantine conditions for trade within the State or between States and Territories has been satisfied.
Biosecurity order (permitted activities) 2017
An order approved by the Secretary (or delegate) and published on the NSW legislation website, that permits an activity that would otherwise be prohibited by a mandatory measure or a regulatory measure implemented in relation to a biosecurity zone. Note: mandatory measures and regulatory requirements of a biosecurity zone are prescribed in the Biosecurity Regulation 2017.
Control order
A control order is an order made by the Minister (or delegate) that establishes one or more zones to prevent, eliminate, minimise or otherwise manage a biosecurity risk or biosecurity impact. Generally, a control order will be made to prevent the introduction of, or to eradicate, particular biosecurity matter. A control order can be made quickly so that a timely response can be mounted to a biosecurity risk or impact that does not require an emergency response, or while longer term management arrangements are being developed. For example, a control order could require containment, treatment or disposal of soil, stock, plants or products from a contaminated area, to prevent the contaminant entering the human food chain. It could prohibit grazing or, plant and livestock production on the contaminated area, and require decontamination actions such as removal or deep burial. For more information about the Act, visit our website or contact us: W dpi.nsw.gov.au/biosecurityact E biosecuritylegislation@dpi.nsw.gov.au KEY TERMS AND DEFINITIONS - FACT SHEET 2 A control order can remain in place for up to five years. If it is clear that longer term management is required, a biosecurity zone could be established.
Emergency order
An emergency order is an order made by the Secretary (or delegate) to declare a biosecurity emergency and to impose emergency response measures to respond to the biosecurity emergency
Key terms and definitions - compliance and instruments
Biosecurity duty
There are several biosecurity duties imposed under the Biosecurity Act in relation to specified persons. These include: * a duty to take action when dealing with biosecurity matters or carriers * a requirement to notify a prohibited matter event * a requirement to prevent, eliminate or minimise a risk posed by prohibited matter * a duty to notify an suspected or existing biosecurity event Biosecurity duties are non-transferable, although more than one person can have the same biosecurity duty. A person can also have more than one duty.
Biosecurity event
A biosecurity event is something that has occurred, is occurring or is likely to occur and that has had, is having, or is likely to have, a significant adverse effect on the economy, environment or community. For example, an unexplained mass mortality in birds could be a biosecurity event. Notification obligations apply with respect to biosecurity events.
Biosecurity impact
A biosecurity impact is an adverse effect on the economy, environment or the community that arises, or has the potential to arise, from biosecurity matter or a carrier and that relates to: * the introduction, presence, spread or increase of a disease, disease agent or pest, * stock food, fertilisers, liming materials and trace element products, * animals, plants or animal products becoming chemically affected, * risk to public safety caused by bees or non-indigenous animals. If the adverse effect on the economy, environment or the community does not relate to any of the above things, then it is not a biosecurity impact.
Biosecurity matter
Biosecurity matter is: * any living thing, part of a living thing or product of a living thing (other than a human), or * a disease, prion or contaminant, or * a disease agent that can cause disease in a living thing (other than a human) or that can cause disease in a human via transmission from a non-human host (i.e. zoonosis).
Biosecurity risk
A biosecurity risk is the risk of a biosecurity impact occurring (see above for the definition of biosecurity impact).
Biosecurity zone
A biosecurity zone is established by regulation and its purpose is to prevent, eliminate, minimise or otherwise manage a biosecurity risk or biosecurity impact. Generally a biosecurity zone will apply to a specified part, or parts of NSW. A biosecurity zone will be used to provide for the long term management of a particular biosecurity risk or biosecurity impact. For example, a biosecurity zone has been established to prevent the spread of grapevine phylloxera. The regulation establishes a Phylloxera Infested Zone (PIZ) and a Phylloxera Exclusion Zone (PEZ) and prohibits the movement of certain things from the PIZ into the PEZ.
Carrier
A carrier means anything (whether alive, dead or inanimate, and including a human) that has, or is capable of having any biosecurity matter on it, attached to it, or contained in it. The carrier may not itself be affected by the biosecurity matter. Carriers may include plants and animals (whether living or dead), soil, turf, and soil improving products such as recycle waste and other matter, inanimate objects (such as vehicles, production equipment and coverings) or humans.
Dealings
Dealing is used in the context of ‘dealing with’ biosecurity matter or a carrier or to ‘engage in a dealing’. A dealing can include any of the following: to keep, possess, care for, have custody of, control, produce, manufacture, supply, import, acquire, buy, sell, dispose of, move, release, use, treat, breed, propagate, grow, raise, feed, culture, experiment with, display, enter into an agreement that deals with, agree to deal with, and/or cause or permit a dealing.
General biosecurity duty
The general biosecurity duty can apply to anyone. It provides that any person who deals with biosecurity matter or a carrier, and who knows (or ought reasonably to know) of the biosecurity risk posed (or likely to be posed), has a biosecurity duty to ensure that the risk is prevented, eliminated or minimised - so far as is reasonably practicable.
Mandatory measure
A requirement set out in regulation for a person who deals with biosecurity matter or carriers to take specified actions to prevent, eliminate or minimise a biosecurity risk posed, or likely to be posed, by the biosecurity matter, carrier or dealing
Prohibited matter
Prohibited matter is biosecurity matter that is listed in Schedule 2 of the Biosecurity Act. This matter is biosecurity matter that could have significant adverse consequences to the economy, environment or community. Prohibited matter includes foot and mouth disease, avian influenza, Hendra virus infection (other than in pteropid bats), citrus canker, and parthenium weed. Notification obligations apply with respect to prohibited matter. It is also an offence to deal with prohibited matter.
Prohibited dealings
Dealings with a non-indigenous amphibian, bird, mammal or reptile that is listed in Schedule with 3 of the Biosecurity Act is a prohibited dealing. This includes the eggs, semen or any other living stage of any such animal. Dealings with this listed matter could have significant adverse consequences to the economy, environment or community. Prohibited dealings include chipmunks, zebra dove, and the common toad.
There are some exceptions to these dealings if the dealing with the animal is:
- for permitted exhibition purposes if the display of the animal is authorised (by a licence, approval or permit) under the Exhibited Animals Protection Act 1986 and the dealing is in relation to that display, or
- for permitted research purposes if: the person keeping the animal:
- is accredited as a research establishment under the Animal Research Act 1985, or
- holds an animal research authority under the Animal Research Act 1985, or
- holds an animal supplier’s licence under the Animal Research Act 1985.
Notification obligations apply with respect to prohibited dealings. It is also an offence to deal with a prohibited dealing.
Reasonably practicable
Reasonably practicable is used in relation to the prevention, elimination or minimisation of biosecurity risks. What is reasonably practicable means that which is reasonably able to be done, taking into account and weighing up all relevant matters including the nature of the biosecurity risk concerned, the availability and suitability of ways to manage the biosecurity risk concerned, and the cost involved.
Registrable dealings
Schedule 4 of the Act specifies certain dealings as registrable dealings. These include dealing with managed bees and certain non-indigenous animals. A person must be registered under the Act to engage in a registrable dealing