News

Biosecurity Act 2014 (Qld) Commences

The Queensland Biosecurity Act 2014 and subordinate Biosecurity Regulation 2016 commenced on 1 July 2016. The Act is a complete overhaul of Queensland’s legislation in relation to managing pests (weeds and animals), diseases and contaminants and provides a risk-based, less prescriptive approach to biosecurity. 

Clients may be familiar with the now superseded Land Protection (Pest and Stock Route Management) Act 2002 (LP Act) and their obligations for managing declared pests (Class 1, 2 and 3 pests) on their land. The declared pests classes have been replaced by Prohibited Matters and Restricted Matters.

Prohibited Matters
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  • Matters (pests, diseases, contaminants) not found in Queensland, but would have a significant adverse impact on our health, way of life, the economy or the environment if it entered the State.

  • All prohibited matters must be reported.

Restricted Matters

  • Matters that are found in Queensland and have a significant impact on human health, social amenity, the economy or the environment.

  • There are 7 categories of restricted matters and Category 1 and 2 matters must be reported. Categories 2, 4, 5 and 6 relate to restrictions on keeping, feeding and moving weeds, pest animals and noxious fish and Category 7 requires people to kill noxious fish.  Multiple categories can apply to several matters.

The Act also introduces a new concept called a General Biosecurity Obligation (GBO). This applies to everyone in Queensland responsible for managing biosecurity risks that are:

  • under their control and

  • that they know about, or should reasonably be expected to know about.

 

The term ‘reasonable’ is used throughout the Act and Regulation and will likely result in a ‘reasonableness’ test applied to potential breaches of the Act.


Under the GBO, individuals and organisations whose activities pose a biosecurity risk must:

  • take all reasonable and practical steps to prevent or minimise each biosecurity risk

  • minimise the likelihood of causing a ‘biosecurity event’, and limit the consequences if such an event is caused

  • prevent or minimise the harmful effects a risk could have, and not do anything that might make any harmful effects worse.

 

Contact

If you would like to know more about the Biosecurity Act or Regulation and your GBO as it applies to your project, please contact Dave Fleming, Principal Ecologist in our Brisbane office on 1300 839 325..





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