PLANT PROTECTION (SPIRALING WHITEFLY) REGULATION 1998

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1 Queensland Subordinate Legislation 1998 No. 81 Plant Protection Act 1989 PLANT PROTECTION (SPIRALING WHITEFLY) REGULATION 1998 TABLE OF PROVISIONS PART 1 PRELIMINARY 1 Short title Definitions PART 2 GENERAL PEST CONTROL MEASURES 3 General control over spread of spiraling whitefly Notifiable pest declaration PART 3 PEST QUARANTINE AREAS Division 1 Declarations 5 Cairns pest quarantine area Cape York pest quarantine area Division 2 Pest control measures 7 Movement restrictions Pest control measures Restriction on selling plants PART 4 AMENDMENT AND REPEAL 10 Amendment of Plant Protection (Prescription of Pests) Regulation Repeal Expiry of pt

2 s 1 2 s 3 PART 1 PRELIMINARY Short title 1. This regulation may be cited as the Plant Protection (Spiraling Whitefly) Regulation Definitions 2. In this regulation pest quarantine area means a pest quarantine area declared under section 5 or 6. wet tropics area see the Wet Tropics World Heritage Protection and Management Act 1993, section 4.1 PART 2 GENERAL PEST CONTROL MEASURES General control over spread of spiraling whitefly 3.(1) This section applies to the parts of Queensland that are not in a pest quarantine area. (2) A person must not without an inspector s approval knowingly move a spiraling whitefly or a plant infested with spiraling whitefly from a parcel of land to another parcel of land. 1 Wet Tropics World Heritage Protection and Management Act 1993, section 4 (Definitions) wet tropics area means the Wet Tropics of Queensland World Heritage Area described in the World Heritage list kept under the World Heritage Convention..

3 s 4 3 s 5 Notifiable pest declaration 4. Spiraling whitefly is declared to be a notifiable pest for section 122 of the Act. PART 3 PEST QUARANTINE AREAS Division 1 Declarations Cairns pest quarantine area 5.(1) The Cairns pest quarantine area described in subsection (2) is declared to be a pest quarantine area.3 (2) The Cairns pest quarantine area is the area bounded by an imaginary line drawn from the point where the eastern boundary of the wet tropics area intersects the southern bank of the Barron River then south along the boundary of the wet tropics area to the north bank of Crowleys Creek then east along the north bank of Crowleys Creek to the point where it intersects the Bruce Highway then north along the Bruce Highway to the point where it intersects Anderson Road then along Anderson Road in a generally easterly direction to the end of Anderson Road then east from the end of Anderson Road to the mainland shoreline at high water mark 2 The Act, section 12 (Notification of pests). See section 12(2) for the notification requirements imposed on owners of land and others. 3 Maps of the quarantine areas declared under this part are available for inspection at the Department s offices at 80 Ann Street, Brisbane and Redden Street, Cairns.

4 s 6 4 s 8 then north along the mainland shoreline at high water mark to the point where it intersects the eastern tip of the southern bank of the Barron River at high water mark then west along the southern bank of the Barron River to the point where the eastern boundary of the wet tropics area intersects the southern bank of the Barron River. Cape York pest quarantine area 6. The area north of latitude 13 45' south is declared to be a pest quarantine area. Division 2 Pest control measures Movement restrictions 7. A person must not, without an inspector s approval (a) (b) move a spiraling whitefly or a plant out of a pest quarantine area; or move a spiraling whitefly or a plant infested with spiraling whitefly from a parcel of land within a pest quarantine area to another parcel of land within the area.4 Pest control measures 8.(1) This section applies if an inspector is reasonably satisfied land in a pest quarantine area is infested with spiraling whitefly. (2) The inspector must take the pest control measures on the land that the inspector considers is reasonably necessary to eradicate the infestation. (3) If practicable, the inspector must, before entering the land, notify the owner or other person occupying the land that the inspector proposes to enter the land at a stated time to carry out stated pest control measures. 4 Under the Act, section 11(7) (Pest quarantine area), an inspector may, amongst other things, permit an exemption from this section.

5 s 9 5 s 10 (4) If notice was not given before entering the land, the inspector must, after taking the measures, notify the owner or occupier of the entry and the measures. (5) A notice under this section may be oral or written. (6) In this section pest control measures includes (a) (b) releasing the biological control parasite Encarsia sp; and another measure described in section 13(1) or (2)5 of the Act. Restriction on selling plants 9. A person must not sell a plant in a pest quarantine area that (a) (b) has a visible symptom showing that the plant may be infested with spiraling whitefly; or is infested with spiraling whitefly. Examples of visible symptoms under paragraph (a) white flocculence (spiralling trail of insect residue) on the plant s fruit or leaves the presence of the adult, larvae, nymph or other life stage of spiraling whitefly. PART 4 AMENDMENT AND REPEAL Amendment of Plant Protection (Prescription of Pests) Regulation (1) This section amends the Plant Protection (Prescription of Pests) Regulation 1993 (the regulation ). (2) The regulation, schedule, part 1, under heading insects and mites, entry for spiralling white fly 5 The Act, section 13 (Special powers in relation to specific pest infestations)

6 s 11 6 s 12 omit, insert spiraling whitefly Aleurodicus dispersus Russel. Repeal 11. The Plant Protection (Spiralling White Fly) Quarantine Regulation 1997 and the Plant Protection (Spiralling White Fly Cairns Area) Quarantine Notice 1998 are repealed. Expiry of pt This part expires the day after this regulation commences. ENDNOTES 1. Made by the Governor in Council on 9 April Notified in the gazette on 9 April Laid before the Legislative Assembly on The administering agency is the Department of Primary Industries, Fisheries and Forestry. State of Queensland 1998

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