Biosecurity Act 2014

This Act may be cited as the Biosecurity Act 2014.

This Act commences on a day to be fixed by proclamation.

However, if no day has been fixed by 1 July 2016, the Act commences on that day.

The Acts Interpretation Act 1954, section 15DA does not apply to this Act.

Chapter 1 describes the purposes and scope of the Act and defines key concepts.

Chapter 2 imposes—

a general biosecurity obligation on persons dealing with biosecurity matter or a carrier of biosecurity matter; and

other obligations in relation to biosecurity matter that is prohibited or restricted matter; and

obligations on persons to notify an inspector about particular incidents.

Chapter 3 establishes the functions and obligations of local governments and continues the Land Protection Fund.

Chapter 4 deals with invasive animal boards and barrier fencing.

Chapter 5 provides for codes of practice and guidelines to be made under this Act.

Chapter 6 establishes procedures for dealing with biosecurity emergencies and risks.

Chapter 7 provides for the registration of entities and places and a system for the identification and tracking of particular animals.

Chapter 8 creates a permit process to allow particular dealings with biosecurity matter that is prohibited or restricted matter.

Chapter 9 provides for the making of programs for the surveillance, and prevention and control, of biosecurity risks.

Chapter 10 provides for persons appointed to perform functions under the Act to exercise powers and enter places, seize things and obtain information.

Chapter 11—

establishes a scheme for payment of statutory compensation for particular damage or loss arising from action taken under this Act; and

deals with the effect of industry compensation schemes on statutory compensation.

Chapter 12 deals with evidence, legal proceedings and the review of decisions made under the Act.

Chapter 13 provides for the giving of biosecurity orders to persons to deal with biosecurity risks.

Chapter 14 empowers the State to enter into agreements with other jurisdictions, local governments, industry bodies and natural resource management bodies to achieve the purposes of, and ensure compliance with, this Act.

Chapter 15 provides for an accreditation scheme to enable convenient and efficient compliance with, or exemption from, particular requirements of this Act.

Chapter 16 establishes auditing processes for accreditations given, and agreements made, under this Act.

Chapter 17 provides for the amendment, suspension and cancellation of particular authorities granted under this Act.

Chapter 18 deals with miscellaneous matters for the administration of this Act.

Chapter 19 repeals particular Acts and provides for savings and transitional matters.

The main purposes of this Act are as follows—

to provide a framework for an effective biosecurity system for Queensland that—

helps to minimise biosecurity risks; and

facilitates responding to impacts on a biosecurity consideration, including responding to biosecurity events, in a timely and effective way;

to ensure the safety and quality of animal feed, fertilisers and other agricultural inputs;

to help align responses to biosecurity risks in the State with national and international obligations and requirements for accessing markets for animal and plant produce, including live animals and plants.

It is also a purpose of this Act to manage risks associated with the following—

emerging, endemic and exotic pests and diseases that impact on—

plant and animal industries, including agriculture, aquaculture, horticulture, fisheries and forestry industries; or

the built environment; or

companion or leisure animals; or

biodiversity and the natural environment; or

tourism, lifestyle and pleasure industries; or

infrastructure and service industries, including power, communication, shipping and water supplies;

the transfer of diseases from animals to humans and from humans to animals;

biological, chemical and physical contaminants in carriers.

In this section—built environment means the environment, but having particular regard to the qualities and characteristics of locations, places and areas arising out of the existence of buildings and other examples of human activity.

The purposes of this Act are to be achieved primarily by—

imposing a general obligation on persons to prevent or minimise the impact of biosecurity risks on human health, social amenity, the economy and the environment (each a biosecurity consideration); and

regulating activities involving biosecurity matter or carriers; and

including in risk-based decision-making under this Act the principle that lack of full scientific certainty should not be used as a reason to postpone taking action to prevent a biosecurity event or to postpone a response to a biosecurity risk; and

providing for flexible and timely ways of minimising and mitigating biosecurity risks; and

providing for monitoring and enforcement of compliance with this Act; and

providing for codes of practice relating to a person’s obligations under this Act; and

providing for the chief executive to make guidelines or policies about the application of this Act and how a person may comply with obligations imposed under this Act; and

providing for a framework that improves the capacity of local governments, industry and the community generally to respond to biosecurity risks.

This Act includes within its scope—

acts and omissions on or in land and waters of the State in relation to biosecurity matter that may pose a biosecurity risk; and

any dealing with prohibited matter, restricted matter or carriers that may pose a biosecurity risk.

This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.

However, the Commonwealth or a State can not be prosecuted for an offence against this Act.

This section states the application of this Act to ships in Queensland waters and ships in waters beyond the outer limit of Queensland waters (other waters).

This Act applies to—

a ship in Queensland waters; and

to the extent this Act applies in other waters, including, for example, under the Crimes at Sea Act 2001—a ship in other waters if the ship is travelling from a place in Queensland to another place in Queensland.

This Act does not apply to—

a ship in other waters if the ship is travelling from a place outside of Queensland to another place outside of Queensland; or

a ship of the Australian Defence Force or of a defence force of another country.

This Act is in addition to, and does not limit, any other Act.

If this Act is inconsistent with an Act as follows, that Act prevails, but only to the extent of the inconsistency—

Biological Control Act 1987;

Food Act 2006;

Food Production (Safety) Act 2000;

the Gene Technology Act 2000 (Cwlth), as applied as a law of Queensland by the Gene Technology (Queensland) Act 2016;

Public Health Act 2005.

Subject to subsection (4), this Act does not affect the application of a relevant Act.

A person who does an act authorised under chapter 6, part 1 or 2 or an inspector, a person directed by an inspector or a person authorised by an inspector who takes steps under chapter 10, part 3 is taken not to commit an offence against a relevant Act only because of doing the act or taking the steps.

The Neighbourhood Disputes (Dividing Fences and Trees) Act 2011, chapter 2 does not apply in relation to a barrier fence.

In this section—relevant Act means any of the following—

Economic Development Act 2012;

Fisheries Act 1994;

Forestry Act 1959;

Marine Parks Act 2004;

Nature Conservation Act 1992;

Planning Act 2016;

Vegetation Management Act 1999.

No provision of this Act creates a civil cause of action based on a contravention of the provision.

This Act does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise.

Without limiting subsection (1), compliance with this Act does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached.

This Act is to be administered, as far as practicable, in consultation with, and having regard to the views and interests of, public sector entities, local governments, industry, Aborigines and Torres Strait Islanders under Aboriginal tradition and Island custom, interested groups and persons and the community generally.