Purpose:

To establish a comprehensive framework for biosecurity and agriculture management in Western Australia by controlling organisms, regulating chemical use, ensuring agricultural product safety and quality, and funding biosecurity initiatives.

Objectives:

• Control the entry, establishment, spread, and impact of organisms adversely affecting other organisms, human beings, the environment, or agricultural, fishing, and pearling activities.
• Control the use of agricultural and veterinary chemicals.
• Establish standards to ensure the safety and quality of agricultural products.
• Raise funds for biosecurity-related purposes.

Key Provisions:

• Definition and declaration of permitted, prohibited, and unlisted organisms to manage biosecurity risks.
• Establishment of import restrictions requiring permits and compliance with regulations for organisms and potential carriers entering Western Australia.
• Measures for the management and control of declared pests within Western Australia, including duties to report and control, and powers to issue exclusion, control, and keeping notices.
• Provisions for residue management notices to restrict land use where chemical products or other substances exceed maximum residue limits.
• Regulation of the acquisition, supply, use, storage, handling, and transport of chemical products, including associated qualifications, notices, and record-keeping.
• Prohibition of adulteration of agricultural products or animal feed with intent to cause public alarm or economic loss, and related offences.
• Comprehensive powers for inspectors to carry out inspections, obtain records, give directions, seize, treat, destroy, and recall organisms or substances.
• Establishment of financial mechanisms, including the Declared Pest Account and Industry Funding Schemes, to support biosecurity efforts.
• Creation of the Western Australian Agriculture Authority to promote biosecurity and agriculture management, with powers to acquire property, participate in business concerns, and develop intellectual property.
• Framework for the appointment and functions of inspectors, and the establishment of quarantine facilities and inspection points.
• Granting of general regulation-making powers to the Governor to give effect to the Act, including detailed matters in Schedule 1.

Evidence of Compliance Requirements For Agricultural Organisations:

• Importing Prohibited or Unlisted Organisms: A person must not import a prohibited or unlisted organism except in accordance with an import permit and the regulations. Evidence: Obtaining and adhering to an import permit (Section 16(1), (3)) and complying with relevant regulations (Section 15(1), (2)).
• Importing Prescribed Potential Carriers: A person must not import a prescribed potential carrier unless the import is permitted under and is in accordance with the regulations. Evidence: Ensuring import activity aligns with specific regulatory permissions and conditions (Section 15(3)).
• Supply or Possession of Unlawful Imports: A person must not supply, receive, or possess an organism, its progeny, or a potential carrier if they know or ought reasonably to know it was imported in contravention of import restrictions. Evidence: Implementation of due diligence processes to verify the lawful import status of organisms or carriers before engaging in supply or possession (Sections 17, 18).
• Commercial Passenger Carrier Obligations for Imports: A commercial passenger carrier transporting passengers into the State from outside must give passengers prescribed information about importing organisms and potential carriers. They must also provide a secure facility for passengers to deposit unlawful imports that complies with regulations, and dispose of deposited items in accordance with regulations. Evidence: Provision of prescribed information, establishment and maintenance of compliant secure disposal facilities, and adherence to regulations for disposal of items (Section 19).
• Commercial Carrier Obligations for Imports: A commercial carrier transporting a prescribed declared pest or potential carrier into the State from outside, if regulations require notice, must give notice to the Director General in accordance with regulations. Evidence: Timely submission of required notices to the Director General prior to transport (Section 20(2)).
• Reporting and Presenting Imports: A person proposing to import an organism or prescribed potential carrier must, if regulations require, give notice of the time and place of entry into the State before import, in accordance with regulations. Upon import, if an import permit has been issued or regulations require, the person must present the organism or prescribed potential carrier to an inspector in accordance with regulations, provide the inspector with any import permit issued, give any relevant information the inspector requires, and, if regulations require, give an inspector a declaration in accordance with regulations. Evidence: Pre-import notification, physical presentation of imports to an inspector, provision of import permits and requested information, and submission of declarations as specified by regulations (Section 21).
• Dealing with Declared Pests: A person must not keep, breed, cultivate, release into the environment, or intentionally infect or infest with a declared pest or an infected/infested thing in an area where it is a declared pest, except as provided in regulations or a management plan. If regulations provide, a person must not move a declared pest or infected/infested thing from where it is found. Evidence: Adherence to specific prohibitions and permissions outlined in regulations or management plans (Section 23).
• Introducing or Supplying Declared Pests (Intra-State): If regulations or a management plan provide, a person must not bring into an area of the State from another area, or supply to a person in an area, an organism that is a declared pest for that area, an infected/infested thing, or a prescribed potential carrier of a declared pest. Evidence: Compliance with regulations or management plans governing intra-state movement and supply of declared pests or associated items (Section 24).
• Authorised Dealing with Declared Pests: A person authorised to keep, breed, cultivate, or supply a declared pest must do so in accordance with the Act and the terms and conditions of their authorisation. Evidence: Strict adherence to all terms and conditions specified in the authorisation (Section 25).
• Duty to Report Declared Pest: A person who finds or suspects a declared pest (or an organism/thing infected or infested with it) in a declared area must report its presence to the Director General or an inspector. The report must be oral or in writing, indicate where the pest/infected thing was found/suspected, state reasons for suspicion, provide any other relevant knowledge, and be made within the prescribed period (or as soon as practicable if no period is prescribed) and in accordance with regulations. Evidence: Prompt and comprehensive reporting of findings or suspicions to the Director General or an inspector, including specified details and adherence to reporting timelines and formats (Section 26).
• Compliance with Pest Exclusion Notices: A person to whom a pest exclusion notice is given must comply with the notice within the specified period or for its duration. The notice may direct compliance with a specified code of practice or taking specific measures to keep a place or agricultural product free from a declared pest. Evidence: Implementation of the measures or adherence to the code of practice specified in the notice within the stipulated timeframe (Sections 27, 29).
• Duty to Control Declared Pest: The owner or person in control of an organism or thing infected or infested with a declared pest, or the owner/occupier of land where a declared pest is present or likely to be present, must take the prescribed control measures to control the declared pest. Evidence: Active implementation of control measures as specified in regulations or a management plan (Section 30).
• Compliance with Pest Control Notices: A person to whom a pest control notice is given must comply with the notice within the specified period or for its duration. The notice may direct compliance with a specified code of practice or taking specific measures required under regulations or a management plan for controlling a declared pest or for keeping it as authorised. Evidence: Implementation of the measures or adherence to the code of practice specified in the notice within the stipulated timeframe (Sections 31, 32).
• Compliance with Pest Keeping Notices: A person to whom a pest keeping notice is given must comply with the specified actions to keep, breed, cultivate, or supply the declared pest in accordance with Section 25, within the specified time. Evidence: Taking the actions detailed in the notice to ensure authorised keeping or dealing with declared pests (Section 35).
• Compliance with Residue Management Notices: An owner or occupier of land who has been given a residue management notice must not use the land in contravention of any direction in the notice. Directions may require written approval from an inspector before using the land in a specified manner or for a specified purpose. Evidence: Adherence to land use restrictions, and obtaining written approval from an inspector for any specified land uses (Section 52).
• Dealing with Chemical Products: A person acquiring, supplying, using, storing, handling, or transporting a chemical product must possess any prescribed qualification or authorisation. They must also give notice of these activities if regulations require, and perform these activities in accordance with regulations. A person advising on these activities must provide advice in accordance with regulations. Certain acquisitions, supplies, uses, storages, handlings, or transports may be prohibited by regulations. Evidence: Holding required qualifications/authorisations; submitting required notices; operating within regulatory guidelines for all activities involving chemical products; and refraining from prohibited activities (Section 56).
• Record-Keeping for Chemical Products: A person acquiring, supplying, using, storing, handling, or transporting a chemical product must keep prescribed records if regulations require. Regulations may also provide for the production of records, giving of notices, and making of declarations or returns relating to these activities. Evidence: Maintaining prescribed records and producing them upon request (Section 56(6), Schedule 1, Item 28).
• Dealing with Treated or Contaminated Items: A person must comply with regulations providing for duties or obligations related to the identification, handling, keeping, supply, purchase, transport, or use of treated/untreated/contaminated animals, agricultural products, animal feed, or fertilisers, and the provision of information related to these activities. Evidence: Adherence to regulations governing the management and information sharing concerning these items (Section 57).
• Compliance with Inspector’s Directions: A person must comply with any lawful direction or requirement of an inspector under Part 4, including: giving records/copies/translations/passwords (Section 66); stating identity/address, producing identification, giving information about owner/supply chain, providing plans, assisting the inspector, moving conveyances/organisms, labelling items, and keeping/leaving organisms/things as directed (Section 67). Evidence: Providing requested information, documents, and assistance, and performing actions as directed by an inspector (Sections 66, 67, 92).
• Compliance with Directions for Movement and Treatment/Destruction: An owner, consignor, consignee, or person in control of an organism or potential carrier must comply with an inspector’s direction to move it to a specified place for treatment. They must also comply with an inspector’s direction to treat, refrain from treating, destroy, or dispose of an organism/thing, and produce evidence of compliance if directed. Evidence: Performing the specified movement, treatment, non-treatment, destruction, or disposal actions and providing proof if requested (Sections 76, 77).
• Compliance with Treatment or Destruction Notices: An owner must comply with a notice from the Director General to treat or destroy an organism, its progeny, or a potential carrier in the specified manner and within the specified time, if it was imported/moved intra-State unlawfully or suspected to be a risk. Evidence: Executing the treatment or destruction as instructed by the notice within the given timeframe (Section 79).
• Compliance with Recall Notices: A person given a recall notice by the Director General for a prohibited organism or recallable substance must comply with its requirements. This may include: not supplying or stopping supply; taking action to recover stocks; taking action to prevent or reduce harmful effects; destroying or dealing with stocks as specified; and reporting to the Director General on actions taken within a specified period. Evidence: Cessation of supply, active recovery of stocks, mitigation of harmful effects, proper disposal/treatment of stocks, and timely submission of reports on recall actions (Section 84).
• Obligations of Occupiers to Inform Owners: An occupier of land who is not the owner, if given a document under the Act, must inform the owner of the document as soon as practicable. Evidence: Notifying the owner of received documents (Section 176(3)).
• Return of Identification Cards: An inspector who ceases to be an inspector must return their identification card to the Director General as soon as practicable. Evidence: Physical return of the card (Section 164(3)).
• Rates Payment: Rates amounts for the Declared Pest Account are payable to the Commissioner. Evidence: Timely payment of assessed rates (Section 133).
• Industry Funding Contributions: Producers may be required to make contributions to an industry account in the manner and on the basis prescribed by regulations. Evidence: Making required contributions as per regulations (Section 144).
• Use of Funds by Recognised Biosecurity Groups: Recognised biosecurity groups must use transferred money for specified purposes, within the specified period (or extended time), and in accordance with specified directions. If not, they must pay an amount equal to the unused portion to the Director General within a specified time. Evidence: Financial records demonstrating expenditure for specified purposes within timelines and adherence to directions; repayment of unused funds if non-compliant (Section 170).

Metadata Keywords:

Biosecurity, Agriculture, Western Australia, Pest Management, Chemical Control, Food Safety, Organism Import, Compliance, Regulations, Rural Land Management

Publication Information:

As at 14 May 2024, Official Version, Biosecurity and Agriculture Management Act 2007

Agricultural Industry Alignment:

Beef & Veal, Chicken, Coarse Grains, Cotton, Dairy, Eggs, Fisheries, Forestry, Horticulture, Oilseeds, Pig, Sheep Meat, Sugar, Wheat, Wine, Wool.

Date Added to database:

This document was parsed and added to the database on 26-07-2025

URL:

https://www.legislation.wa.gov.au/legislation/prod/filestore.nsf/FileURL/mrdoc_47125.pdf/$FILE/Biosecurity%20and%20Agriculture%20Management%20Act%202007%20-%20%5B02-g0-00%5D.pdf?OpenElement →