Purpose:

This legislation provides a comprehensive framework for the prevention, elimination, minimisation, and management of biosecurity risks posed by biosecurity matter, its carriers, and associated activities.

Objectives:

• To promote biosecurity as a shared responsibility between government, industry, and communities.
• To provide a framework for the timely and effective management of pests, diseases, contaminants, and other biosecurity matter economically significant for primary production industries.
• To provide a framework for the timely and effective management of threats to terrestrial and aquatic environments arising from pests, diseases, contaminants, and other biosecurity matter.
• To provide a framework for the timely and effective management of public health and safety risks arising from contaminants, non-indigenous animals, bees, weeds, and other biosecurity matter known to contribute to human health problems.
• To provide a framework for the timely and effective management of pests, diseases, contaminants, and other biosecurity matter that may have an adverse effect on community activities and infrastructure.
• To provide a framework for risk-based decision-making in relation to biosecurity.
• To give effect to intergovernmental biosecurity agreements to which the State is a party.
• To provide the means by which biosecurity requirements in other jurisdictions can be met, so as to maintain market access for industry.

Key Provisions:

• Establishment of a general biosecurity duty requiring persons dealing with biosecurity matter or carriers to prevent, eliminate, or minimise biosecurity risks.
• Definition and prohibition of dealing with specific biosecurity matter designated as “prohibited matter” throughout the State or in specified parts.
• Imposition of duties to immediately notify the presence of prohibited matter events and significant biosecurity events.
• Authorisation for the Secretary to issue emergency orders to declare biosecurity emergencies and establish urgent response measures.
• Granting of power to the Minister to issue control orders for the prevention, elimination, minimisation, or management of biosecurity risks or impacts, including establishing control zones and measures.
• Provision for regulations to establish biosecurity zones and associated regulatory measures for long-term biosecurity risk management.
• Conferral of powers on authorised officers for information gathering, entry to premises, investigation, and seizure of biosecurity matter or other things.
• Power to issue general and individual biosecurity directions requiring specific actions or prohibitions to manage biosecurity risks or ensure compliance.
• Establishment of a system for biosecurity undertakings as voluntary agreements to address contraventions or suspected contraventions of requirements.
• Regulation of “prohibited dealings” and requirement for “biosecurity registration” for certain “registrable dealings” in biosecurity matter.
• Creation of a framework for biosecurity certificates to certify matters related to biosecurity status, and the accreditation of biosecurity certifiers to issue them.
• Implementation of mandatory biosecurity audits (accreditation and compliance) conducted by accredited biosecurity auditors to assess and ensure compliance.
• Establishment of a compensation scheme for owners of animals, plants, and property destroyed under emergency orders.
• Provisions for the recovery of administrative costs and other amounts incurred by government agencies in managing biosecurity.
• Granting of permits to authorise conduct that would otherwise contravene the Act’s requirements.
• Establishment of an Independent Biosecurity Commissioner to provide advice and reviews related to pests and weeds.
• Designation of local control authorities for weed management and their associated functions and powers.

Evidence of Compliance Requirements For Agricultural Organisations:

• General Biosecurity Duty and Mandatory Measures:
  • Compliance with the general duty to prevent, eliminate, or minimise biosecurity risk. Evidence: Implementation of and adherence to risk management plans, operational procedures, or industry best practices, such as maintaining farm biosecurity plans or pest control schedules.
  • Compliance with “mandatory measures” specified in regulations (Section 24). Evidence: Documentation proving adherence to required actions, procedures, or programs; examples might include cleaning logs, disinfection records, records of adoption of specific biosecurity procedures, or participation in mandated industry schemes.
• Notification of Prohibited Matter and Biosecurity Events:
  • Immediate notification of a “prohibited matter event” (Section 30) or a “biosecurity event” (Section 38) to the specified person(s) (e.g., Department of Primary Industries) in the approved form and manner, including required information and provision of further information or answers to questions (Sections 35, 43). Evidence: Records of communication (e.g., call logs, email confirmations), completed notification forms, and detailed records of observations or suspicions leading to the notification.
• Adherence to Orders and Directions:
  • Compliance with emergency orders (Section 58), control orders (Section 75), biosecurity zone regulations (Section 87), and biosecurity directions (Section 138). Evidence: Records of adherence to prohibitions (e.g., movement logs for animals/products showing no entry/exit from restricted zones), documentation of required actions (e.g., certificates of treatment, photographs/videos of erected fencing or signs, laboratory results from required testing, records of samples provided, purchase/installation records of detection/monitoring devices, disposal certificates for destroyed matter).
• Co-operation with Authorised Officers:
  • Furnishing information or records as required by notice (Section 93). Evidence: Copies of submitted reports, data, financial records, or operational plans.
  • Answering questions posed by authorised officers, potentially requiring attendance at a specified place and time (Section 94). Evidence: Records of interviews or statements provided.
  • Stating full name and residential address upon request if suspected of an offence (Section 96). Evidence: Provision of correct identification.
  • Providing reasonable assistance and facilities to authorised officers entering premises, such as yards and crushes for animal inspection or restraint (Section 101). Evidence: Logs of assistance provided, facility availability records.
  • Retaining seized things at specified premises or under control as directed (Section 102). Evidence: Inventory logs, secure storage records.
• Biosecurity Undertakings:
  • Compliance with a biosecurity undertaking by implementing agreed measures within specified periods (Section 145). Evidence: Project plans, completion reports, invoices for services, training records, and detailed logs of activities undertaken to remedy or prevent contraventions.
• Registrable Dealings and Biosecurity Registration:
  • Obtaining and maintaining valid biosecurity registration for specified “registrable dealings” (Section 154). Evidence: Current biosecurity registration certificate.
  • Providing approved forms, required information, and fees for applications for biosecurity registration or renewal (Section 159). Evidence: Application submission records, payment receipts.
  • Compliance with all conditions of biosecurity registration (Section 165). This includes:
    • Adherence to specified standards: Records of quality assurance, adherence to industry codes of practice, or internal audit reports.
    • Carrying out specified works or measures: Completion certificates, contractor invoices, engineering reports, or maintenance logs for infrastructure.
    • Maintaining approved alternative arrangements: Updated contingency plans, emergency contact lists, or financial provisions documentation.
    • Maintaining insurance cover: Current insurance policy documents demonstrating required indemnity.
    • Co-operation with or arranging for mandatory biosecurity audits: Audit reports (Section 235), records of auditor engagement (Section 228), and demonstrated access to premises and records for auditors.
    • Providing financial assurances: Bank guarantees, bonds, or trust fund statements.
• Biosecurity Certificates:
  • Providing accurate and non-misleading information to biosecurity certifiers (Section 187). Evidence: Records supporting all information provided for certificate applications.
  • Using biosecurity certificates only when validly issued and not falsely representing their issuance (Sections 188, 189, 190). Evidence: Retention of valid biosecurity certificates for relevant activities.
• Biosecurity Audits:
  • Co-operating with mandatory biosecurity audits when required (Section 216). Evidence: Records of engagement with auditors, provision of requested documents and access.
  • Submitting a written report about each biosecurity audit to the person who required it and the audit target within 21 days (or prescribed period), detailing compliance, contraventions, and remedial actions (Section 235). Evidence: Timely submission of audit reports.
  • Immediately reporting critical non-compliance, false certificates, or contravention of biosecurity matter possession orally within 24 hours and in writing within 5 days (Section 236). Evidence: Records of oral and written reports to the Secretary.
  • Not obstructing or hindering biosecurity auditors (Section 237).
  • Not providing false or misleading information to biosecurity auditors (Section 238).
• Permits:
  • Compliance with all conditions of any individual or group permit (Section 340). Evidence: Records detailing adherence to specific permit requirements, which may include maintaining insurance cover (Section 348), co-operating with or arranging for mandatory biosecurity audits (Section 349), and providing financial assurances (Section 350).
• Weed Control (for occupiers of land):
  • Controlling weeds on roads (Schedule 1, Clause 3), aquatic weeds (Schedule 1, Clause 4), and weeds in irrigation areas (Schedule 1, Clause 5). Evidence: Records of weed treatment, spraying logs, contractor invoices for weed removal, or photographic evidence of compliance.
  • Compliance with weed control notices issued under previous legislation (Schedule 7, Clause 27). Evidence: Documentation of actions taken to address the notice requirements.

Metadata Keywords:

Biosecurity, Agriculture, Australia, Legislation, Pests, Diseases, Control, Compliance, NSW, Livestock, Crops.

Publication Information:

21 November 2024 (Current Version)

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 25-07-2025

URL:

https://legislation.nsw.gov.au/view/whole/pdf/inforce/2024-11-21/act-2015-024 →