Federal Register of Legislation - Australian Government

Primary content

Determinations/Other as made
This instrument determines a port as a first point of entry for the purposes of section 229 of the Biosecurity Act 2015 (the Act), designates specified areas of the port as biosecurity entry points for the purposes of section 230 of the Act where required, and identifies other conditions in accordance with section 231 of the Act.
Administered by: Agriculture
Registered 03 Dec 2019
Tabling HistoryDate
Tabled HR04-Dec-2019
Tabled Senate05-Dec-2019

Commonwealth Coat of Arms of Australia

 

Biosecurity (First Point of Entry—Port of Sydney) Determination 2019

I, Leanne Herrick, as delegate of the Director of Biosecurity, make the following determination.

Dated   29 November 2019

Leanne Herrick

Acting Assistant Secretary
Compliance Division
Department of Agriculture

 


Contents

Part 1—Preliminary                                                                                                     2

1  Name........................................................................................................................................ 2

2  Commencement........................................................................................................................ 2

3  Authority.................................................................................................................................. 2

4  Definitions................................................................................................................................ 2

Part 2—First point of entry                                                                                         4

5  First point of entry—vessels.................................................................................................... 4

6  First point of entry—goods...................................................................................................... 4

Part 3—Biosecurity entry points                                                                                 5

7  Biosecurity entry points—vessels............................................................................................ 5

8  Biosecurity entry points—goods.............................................................................................. 5

Part 4—Conditions                                                                                                       8

9  Conditions—notifying Agriculture Department of changes..................................................... 8

 

Part 1Preliminary

1  Name

                   This is the Biosecurity (First Point of Entry—Port of Sydney) Determination 2019.

2  Commencement

             (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

16 December 2019.

16 December 2019

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

                   This instrument is made under subsection 229(1) of the Biosecurity Act 2015.

4  Definitions

Note:          A number of expressions used in this instrument are defined in section 9 of the Act.

                   In this instrument:

Act means the Biosecurity Act 2015.

freight container means a re‑usable container:

                     (a)  that is designed to be used to transport goods by one or more modes of transport; and

                     (b)  that can be transferred from one mode of transport to another without unloading the goods from the container; and

                     (c)  that is known as a 20‑foot‑long container or a 40‑foot‑long container.

general goods means goods (as defined by section 19 of the Act) other than baggage, freight containers, live horses or waste.

goods means goods (as defined by section 19 of the Act):

                     (a)  that are subject to biosecurity control; or

                     (b)  in relation to which an exposed goods order is in force.

inorganic bulk goods means chemicals, ores, minerals or gases that:

                     (a)  are brought or imported into Australian territory in bulk; and

                     (b)  do not contain animals, plants, organic compounds or microbes.

non‑commercial vessel has the same meaning as in the Biosecurity Regulation 2016.

non‑commercial vessel baggage means baggage carried on a non‑commercial vessel.

non‑commercial vessel waste means waste carried on a non‑commercial vessel.

passenger vessel baggage means baggage carried on a passenger vessel.

vessel means a vessel (as defined by section 9 of the Act) that is subject to biosecurity control.

waste means goods (as defined by section 19 of the Act):

                     (a)  that are subject to biosecurity control; and

                     (b)  that are intended, by the person in charge of the vessel on which the goods are carried, to be disposed of.

Part 2First point of entry

5  First point of entry—vessels

                   Port of Sydney is a first point of entry for vessels generally.

6  First point of entry—goods

                   Port of Sydney is a first point of entry for goods other than the following:

                     (a)  freight containers;

                     (b)  live horses.

Note:          For other matters relating to whether particular goods may be brought into a particular first point of entry, see sections 173 and 174 of the Act (which deal with prohibited goods and conditionally non‑prohibited goods) and any determinations made under those sections.

Part 3Biosecurity entry points

7  Biosecurity entry points—vessels

                   Each area of Port of Sydney specified in column 2 of an item of the following table is designated as a biosecurity entry point for a vessel, or a vessel included in a class of vessels, specified in column 1 of the item.

 

Biosecurity entry points—vessels

Item

Column 1

Vessels

Column 2

Areas

1

Non-commercial vessels

Sydney Superyacht Marina

2

Vessels other than non‑commercial vessels

The following areas:

(a) Overseas passenger Terminal (OPT);

(b) White Bay Berth 4;

(c) White Bay Berth 5

3

Vessels other than the following:

(a) non‑commercial vessels;

(b) passenger vessels

The following areas:

(a) Chowder Bay Naval Fuel Installation;

(b) Fleet Base East;

(c) Glebe Island Berth 1;

(d) Glebe Island Berth 2;

(e) Glebe Island Berth 7;

(f) Glebe Island Berth 8;

(g) Gore Bay Terminal;

(h) HMAS Waterhen;

(i) Naval Waters Buoy 1;

(j) Naval Waters Buoy 2;

(k) Naval Waters Buoy 3;

(l) Naval Waters Buoy 4;

(m) White Bay Berth 3

Note:          A vessel that has arrived at Port of Sydney must be brought to a biosecurity entry point for the vessel at that port as soon as practicable (see section 246 of the Act).

8  Biosecurity entry points—goods

                   Each area of Port of Sydney specified in column 2 of an item of the following table is designated as a biosecurity entry point for goods, or goods included in a class of goods, specified in column 1 of the item.

 

Biosecurity entry points—goods

Item

Column 1

Goods

Column 2

Areas

1

All of the following:

(a) non‑commercial vessel baggage;

(b) non-commercial vessel waste

Sydney Superyacht Marina

2

Baggage carried on a vessel other than a non-commercial vessel or a passenger vessel

The following areas:

(a) Chowder Bay Naval Fuel Installation;

(b) Fleet Base East;

(c) Glebe Island Berth 1;

(d) Glebe Island Berth 2;

(e) Glebe Island Berth 7;

(f) Glebe Island Berth 8;

(g) Gore Bay Terminal;

(h) HMAS Waterhen;

(i) Naval Waters Buoy 1;

(j) Naval Waters Buoy 2;

(k) Naval Waters Buoy 3;

(l) Naval Waters Buoy 4;

(m) Overseas passenger Terminal (OPT);

(n) White Bay Berth 3;

(o) White Bay Berth 4;

(p) White Bay Berth 5

3

General goods

The following areas:

(a) Fleet Base East;

(b) Glebe Island Berth 1;

(c) Glebe Island Berth 2;

(d) Glebe Island Berth 7;

(e) Glebe Island Berth 8;

(f) HMAS Waterhen;

(g) White Bay Berth 3

4

Inorganic bulk goods

The following areas:

(a) Fleet Base East;

(b) Glebe Island Berth 1;

(c) Glebe Island Berth 2;

(d) Glebe Island Berth 7;

(e) Glebe Island Berth 8;

(f) Gore Bay Terminal;

(g) HMAS Waterhen;

(h) White Bay Berth 3

5

Passenger vessel baggage

The following areas:

(a) Overseas passenger Terminal (OPT);

(b) White Bay Cruise Terminal

6

Waste

The following areas:

(a) Fleet Base East;

(b) Glebe Island Berth 1;

(c) Glebe Island Berth 2;

(d) Glebe Island Berth 7;

(e) Glebe Island Berth 8;

(f) HMAS Waterhen;

(g) Overseas passenger Terminal (OPT);

(h) White Bay Berth 3;

(i) White Bay Berth 4;

(j) White Bay Berth 5

Note:          If a vessel has arrived at Port of Sydney and is carrying goods that are to be unloaded from the vessel, those goods must be brought to a biosecurity entry point for those goods as soon as practicable (see section 147 of the Act).

Part 4Conditions

9  Conditions—notifying Agriculture Department of changes

             (1)  The determination of Port of Sydney as a first point of entry by this instrument is subject to the conditions in this section.

             (2)  If the owner (or, if there is more than one owner, an owner) of Port of Sydney becomes aware that there has been, or will be, a change to the business entity operating:

                     (a)  Port of Sydney; or

                     (b)  a biosecurity entry point at Port of Sydney;

the owner (or, if there is more than one owner, an owner) must give the Agriculture Department, in writing, notice of the change as soon as practicable after becoming aware that the change has occurred or will occur.

             (3)  If the lessee (if any) (or, if there is more than one lessee, a lessee) of Port of Sydney becomes aware that there has been, or will be, a change to the business entity operating:

                     (a)  Port of Sydney; or

                     (b)  a biosecurity entry point at Port of Sydney;

the lessee (or, if there is more than one lessee, a lessee) must give the Agriculture Department, in writing, notice of the change as soon as practicable after becoming aware that the change has occurred or will occur.

             (4)  If a person or body that is responsible for carrying out operations at Port of Sydney proposes to make a change referred to in subsection (5), the person or body must give the Agriculture Department, in writing, reasonable notice of the proposed change.

             (5)  For the purposes of subsection (4), the changes are as follows:

                     (a)  a change to the procedures at Port of Sydney providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Sydney;

                     (b)  a change to the facilities or amenities available at Port of Sydney for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Sydney;

                     (c)  a change to the procedures at Port of Sydney that may affect the ability of a person who carries out operations at Port of Sydney to identify biosecurity risks associated with those operations;

                     (d)  a change to the procedures at Port of Sydney that may affect the ability for biosecurity officials or human biosecurity officials to be informed of any identified biosecurity risks associated with operations carried out at Port of Sydney;

                     (e)  a change to the procedures at Port of Sydney for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Sydney.