Parliamentary material from legislation.vic.gov.au and the Parliament of Victoria. Links open the official source in a new tab.
The objectives of these Regulations are—
to prescribe livestock management standards and inspection and certification arrangements for the purposes of the Livestock Management Act 2010; and
to prescribe matters in relation to biosecurity management plans, biosecurity measures, related signage and offences; and
to prescribe infringement offences and infringement penalties for the purposes of Division 7 of Part 5 of that Act.
These Regulations are made under section 63 of the Livestock Management Act 2010.
These Regulations come into operation on 20 December 2021.
The following Regulations are revoked—
the Livestock Management Regulations 2011[1];
the Livestock Management Amendment Regulations 2013[2].
In these Regulations—
Reg. 5 def. of electronic means inserted by S.R. No. 70/2022 reg. 7(1).
electronic means includes text message, email and QR code communication;
Land Transport Standard means the Australian Animal Welfare Standards and Guidelines—Land Transport of Livestock, published on 21 September 2012 as amended from time to time;
Note
A copy of this Standard is available from https://agriculture.vic.gov.au/livestock-and-animals/animal-welfare-victoria/livestock-management-and-welfare/land-transport-of-livestock-standards-and-guidelines.
Reg. 5 def. of motor vehicle inserted by S.R. No. 70/2022 reg. 7(1).
motor vehicle has the same meaning as in the Road Safety Act 1986;
Reg. 5 def. of nominated person inserted by S.R. No. 70/2022 reg. 7(1).
nominated person means a person nominated in a biosecurity management plan for a premises that applies to a specified part of a premises;
Reg. 5 def. of permitted worker inserted by S.R. No. 70/2022 reg. 7(1).
permitted worker means a person who in good faith performs duties for remuneration or on an unpaid or voluntary basis at a premises or a specified part of a premises to which a biosecurity management plan applies, with the consent of a person in charge of livestock at, or the nominated person for, the premises or the part of the premises;
Note
See regulation 14 for what a person in charge or nominated person must do if that person withdraws consent for a person to perform duties at a premises or a part of a premises.
Pig Welfare Standard means the Victorian Standards and Guidelines for the Welfare of Pigs, Revision One 2012, published on 14 March 2012 as amended from time to time;
Note
A copy of this Standard is available from https://agriculture.vic.gov.au/livestock-and-animals/animal-welfare-victoria/pocta-act-1986/pig-welfare-standards-and-guidelines.
Reg. 5 def. of the Act amended by S.R. No. 70/2022 reg. 7(2).
the Act means the Livestock Management Act 2010;
Reg. 5 def. of visitor inserted by S.R. No. 70/2022 reg. 7(1).
visitor in relation to a premises or a specified part of a premises to which a biosecurity management plan applies, means a person other than a person who—
resides at the premises or the specified part of the premises; or
enters and remains at the premises or the specified part of the premises at the invitation of a person who—
resides at the premises or the specified part of the premises; or
manages a livestock activity at the premises or the specified part of the premises; or
enters and remains at the premises or the specified part of the premises, under the authority of a lease or licence entered into with the owner of the premises and that is in force; or
is a permitted worker.
Pt 2 (Heading) inserted by S.R. No. 70/2022 reg. 8.
For the purposes of paragraph (b) of the definition of inspection and certification arrangement in section 3 of the Act, the following classes of arrangements are prescribed—
an arrangement that is required or administered by the State of Victoria, or the Commonwealth or another State or a Territory in relation to compliance with any legislation relating to the production, management, biosecurity or welfare of animals;
an arrangement that is—
administered by agreement with the State of Victoria, or the Commonwealth or another State or a Territory in relation to compliance with any legislation relating to the production, management, biosecurity or welfare of animals; and
audited independently of the controlling authority.
For the purposes of the definition of prescribed livestock management standard in section 3 of the Act, the following livestock management standards are prescribed—
the Land Transport Standard;
the Pig Welfare Standard.
Pt 3 (Headings and regs 8–16) inserted by S.R. No. 70/2022 reg. 9.
Reg. 8 inserted by S.R. No. 70/2022 reg. 9.
For the purposes of paragraph (b) of the definition of biosecurity management plan in section 3 of the Act, the following matters must be included in a biosecurity management plan that applies to a premises or a specified part of a premises—
the name and contact details of the nominated person;
a description, map or plan of the premises or the specified part of the premises that accurately describes the boundaries of the premises or the specified part of the premises;
the heading of the biosecurity management plan which must—
include the words "BIOSECURITY MANAGEMENT PLAN"; and
the address of the premises to which it applies;
the day on which the biosecurity management plan comes into operation;
the name of the person who prepared the biosecurity management plan.
A biosecurity management plan may include the name and contact details of any person who manages livestock activities at a premises or a specified part of a premises to which the plan applies.
Reg. 9 inserted by S.R. No. 70/2022 reg. 9.
For the purposes of the definition of prescribed biosecurity measure in section 3 of the Act, the following biosecurity measures are prescribed—
a visitor must not enter or remain in a premises or a specified part of a premises to which a biosecurity management plan applies unless the visitor has the consent of the nominated person to do so which has been obtained in accordance with regulation 10;
a visitor must not interfere with, or disturb, any livestock or thing on a premises or specified part of a premises to which a biosecurity management plan applies unless the visitor has the consent of the nominated person to do so which has been obtained in accordance with regulation 10.
Reg. 10 inserted by S.R. No. 70/2022 reg. 9.
For the purposes of regulation 9(a), a visitor must—
contact the nominated person, in the manner specified in the sign displayed at the premises or the specified part of the premises and ask for consent to enter or remain in the premises or the specified part of the premises; and
provide the following identifying information to the nominated person—
proof of the visitor's name and current address;
if the visitor travelled to the premises in a motor vehicle, the registration number of that motor vehicle; and
provide the nominated person with the following information regarding the proposed entry to the premises or the specified part of the premises—
the proposed time of entry and the proposed period of time that the visitor intends to remain on the premises or the specified part of the premises;
a statement setting out the purpose of the proposed entry to the premises or the specified part of the premises.
For the purposes of regulation 9(b), a visitor must—
contact the nominated person, in the manner specified in the sign displayed at the premises or the specified part of the premises; and
ask for consent to interfere with, or disturb, any livestock or thing at the premises or the specified part of the premises; and
provide the nominated person with a description of the proposed interference with, or disturbance of, the livestock or thing; and
provide the nominated person with a statement setting out the purpose of that proposed interference or disturbance.
A nominated person, on receiving a request for consent under subregulation (1) or (2), may—
accept the visitor's request, and give consent to the visitor; or
refuse the visitor's request, and not give consent to the visitor.
A nominated person who refuses to give consent to a visitor under subregulation (3)(b) must give notice of that refusal to the visitor.
A notice given under subregulation (4) may be given by electronic means.
Reg. 11 inserted by S.R. No. 70/2022 reg. 9.
A nominated person who gives consent to a visitor under regulation 10(3)(a) must give the visitor a notice in writing stating that the consent is given to the visitor.
A notice under subregulation (1) must include the following information—
the name of the visitor;
the name of the nominated person;
the activities to which the consent relates;
the time that the visitor is permitted to enter the premises or the specified part of the premises;
the period of time that the visitor is permitted to remain on the premises or the specified part of the premises;
if the consent relates to a specified part of a premises, a description or map of the area to which the visitor is permitted to enter and remain.
A notice given under subregulation (1) may be given by electronic means.
Reg. 12 inserted by S.R. No. 70/2022 reg. 9.
A visitor must, after leaving a premises or a specified part of a premises to which a biosecurity management plan applies, keep the notice given to the visitor under regulation 11 for a period of 28 days after being given the notice.
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