Biosecurity Regulations 2022

The Minister may, by notice published in the Gazette, declare for the purposes of these regulations any – pest that is not prohibited matter; or animal disease or plant disease that is not prohibited matter – to be a declared pest or declared disease, if the Minister is satisfied on reasonable grounds that – the pest or disease poses a biosecurity risk to Tasmania; and the declaration is necessary to prevent, eliminate, minimise, control or manage the biosecurity risk posed by the pest or disease.

A declaration under this regulation may be made subject to such conditions, requirements or restrictions as the Minister considers reasonable in the circumstances.

At least 28 days before making a declaration under this regulation, the Minister must – publish a notice of the proposed declaration in the Gazette; and specify, in the notice, a period of not less than 28 days from the publication of the notice during which the Minister will accept comments and submissions on the proposed declaration.

Before making a declaration under subregulation (1), the Minister is to take into account – any comments and submissions received under subregulation (3); and any advice of the Chief Plant Protection Officer and Chief Veterinary Officer in respect of the proposed declaration.

A declaration under subregulation (1) takes effect – on the day on which notice of the declaration is published in the Gazette; or at such later date as is specified in that notice.

A declaration under subregulation (1), notice of which is published under this regulation, ceases to have effect – on the date specified in the notice; or on the expiry of the period specified in the notice; or if no such date or period is specified in the notice, on the revocation of the declaration.

In any Act or any instrument made or administered under an Act, a reference to a declared weed is, unless the contrary intention appears, to be taken as a reference to a weed that is a declared pest under this regulation.

For the removal of doubt, a declared pest or declared disease may include – an invasive pest, or a disease, that is not known to be established in Tasmania; and a pest or disease that is known to be established in Tasmania or a part of Tasmania.