NSW Department of Primary Industries

Biosecurity Amendment (Miscellaneous) Regulation 2023

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Animal biosecurity

Legislation	Regulation	Section/Clause	Amendment	What this means
Biosecurity Regulation 2017	Animal Feed	Clause 37	Amending the clause to clarify the circumstances when it is not reasonable to expect the owner or person in charge to be able to prevent a pig from eating material that is prohibited pig feed.	Acknowledges that it can be a challenge for pig owners to prevent pigs from eating things in their environment. This includes: (a) a pig having access to a placenta of its own origin or originating from a herd mate, (b) a pig having access to the naturally deposited faeces of wildlife, herd mates or other stock animals, (c) a free-ranging pig having access to carcasses of herd mates or wildlife.
Biosecurity Regulation 2017	Declared Biosecurity Events	Clause 44F	Adding (the appearance of skin nodules on cattle) as a biosecurity event to mean that something has occurred, is occurring or is likely to occur and that is having, or is likely to have, a significant biosecurity impact.	Skin nodules appearing on cattle is a sign of the presence of Lumpy skin disease. This disease has already established in Africa, the Middle East, South-East Europe, Kazakhstan, and Russia, and is rapidly spreading throughout Asia. Lumpy skin disease presents an emerging biosecurity threat for Australia. As a biosecurity event, a person who becomes aware of, or suspects, the existence of skin nodules on cattle has a biosecurity duty to immediately notify NSW DPI.
Biosecurity (National Livestock Identification System) Regulation 2017	Goat Depot	Clause 59	Inclusion of a requirement that a registered goat depot operator must not operate a goat depot from a location other than the location identified as a condition of the registration.	New goat depot operators will have to provide a specific property as the location of their goat depot. Existing goat depot operators will need to notify NSW DPI in writing at least 7 days prior if there is a change to the Property Identification Code on their existing registration before operating the goat depot at the new location. Failure to comply with any condition of goat depot registration will be a mandatory measure offence.
Biosecurity (National Livestock Identification System) Regulation 2017	Property Identification Codes	Clause 7	Removal of an exemption where a veterinary laboratory does not require a Property Identification Code (PIC) if the living stock at the laboratory is there to be euthanised.	Increasing biosecurity risks, such as Japanese Encephalitis, demand that moving piglets to veterinary laboratories must be traceable. In circumstances where veterinary laboratories have living stock that will be euthanised, they are now required to have a PIC. For further information on how to obtain a PIC, contact your Local Land Services.

Plant biosecurity

Legislation	Regulation	Section/Clause	Amendment	What this means
Biosecurity Regulation 2017	Tramp Ants - Carriers	Clause 32	Removing Clause 32 in relation to the prohibition on the movement of tramp ants – carriers.	Adoption of a national standard approach in the management of ‘tramp ant’ carriers, by regulating individual tramp ant species, for the time being, using control orders.
Biosecurity Regulation 2017	Pests and Diseases Required to be Notified	Schedule 1	Adding Urocystis cepulae (onion smut) to the NSW list of notifiable diseases in Schedule 1 of the Biosecurity Regulation 2017.	Requirement of the notification of any signs of onion smut, to help ensure that NSW can continue to maintain area freedom from the disease.
Biosecurity Regulation 2017	Pests and Diseases Required to be Notified	Schedule 1	Amending the name of the causal agent of bacterial wilt by removing the italicisation of the phrase ‘race 3’ where it appears in the scientific name ‘Ralstonia solanacearum race 3 (causal agent of bacterial wilt)’.	Adoption of contemporary scientific terminology, and alignment of terminology to national standards.
Biosecurity Act 2015	Prohibited Matter	Schedule 2	Removing Spodoptera frugiperda, (common name Fall Armyworm) from the prohibited matter list from Schedule 2 of the Biosecurity Act 2015.	Fall armyworm was listed as prohibited matter in late 2019 as the species had not yet entered Australia. Since this time, fall armyworm has since been detected in all Australian jurisdictions excepting South Australia, and the Consultative Committee on Emergency Plant Pests has agreed it is not technically feasible to eradicate. Now that fall armyworm is established it is no longer appropriate for fall armyworm to be considered prohibited matter and there is a need to be able to work with or control the pest by researchers, growers, consultants and other people.
Biosecurity Regulation 2017	Pests and Diseases Required to be Notified	Schedule 1, clause 23	Removing "cucumber green mottle mosaic virus (CGMMV)" from Schedule 1 of the Biosecurity Regulation 2017 as a notifiable disease.	NSW is no longer free from cucumber green mottle mosaic virus (CGMMV) and continued regulation on the movement of CGMMV carriers into NSW cannot be justified.
Biosecurity Act 2015 / Biosecurity Regulation 2017	Prohibited Matter / Pests and Diseases Required to be Notified	Schedule 2 of the Act, and Schedule 1 of the Regulation	Removing Braula coeca (Braula fly/Bee louse) from the prohibited matter list in Schedule 2 of the Biosecurity Act 2015. Inclusion of Braula coeca (Braula fly/Bee louse) as notifiable pest in Schedule 1 of the Biosecurity Regulation 2017.	Recent detection of Braula fly in Victoria prompted a review of NSW restrictions. The bee industry also made strong representations, at both a state and national level, for the pest to be no longer regulated. The Braula fly/Bee louse will remain a notifiable pest under Schedule 1 of the Regulation which will be sufficient to control of the risk to NSW and to help manage new incursions.
Biosecurity Regulation 2017	Braula fly - carriers	Clause 10	Removing clause 10 in relation to Braula fly – carriers.	Recent detection of Braula fly in Victoria prompted a review of NSW restrictions. The bee industry also made strong representations, at both a state and national level, for the pest to be no longer regulated. The Braula fly/Bee louse will remain a notifiable pest under Schedule 1 of the Regulation which will be sufficient to control of the risk to NSW and to help manage new incursions.
Biosecurity Regulation 2017	Bananas – Panama disease tropical race 4 - carriers	Clause 22	Amending the title of clause 22 to: "22 Banana disease carriers", and amending note 2 to highlight that Phyllosticta spp., except Phyllosticta maculata—Banana freckle is listed as prohibited matter under Part 4 of the Biosecurity Act 2015.	Clarity that clause 22 applies to carriers of Banana freckle and carriers of Panama disease tropical race 4.

Invasive plants and animals

Legislation	Regulation	Section/Clause	Amendment	What this means
Biosecurity Act 2015	Prohibited Dealings	Schedule 3	Removal of Hystrix cristata (African porcupine/Crested porcupine) from the prohibited dealings list from Schedule 3 of the Biosecurity Act 2015.	This species has been added to the Commonwealth Live Import List for the purpose of animal exhibition.
Biosecurity Act 2015	Prohibited Matter	Schedule 2	Adding Lepisiota incisa (African black sugar ant) to the prohibited matter list in Schedule 2 of the Biosecurity Act 2015.	This species is a nationally significant pest under the National Environmental Biosecurity Response Agreement. It has been detected in Western Australia and is now recognised as a national biosecurity threat. A person who becomes aware of, or suspects, the presence of African black sugar ant has a biosecurity duty to immediately notify NSW DPI. A person must not deal with any biosecurity matter that is prohibited matter. Failure to comply will be a mandatory measure offence.
Biosecurity Act 2015	Prohibited Dealings	Schedule 3	Removal of binomial name of corn snake Elaphe guttata and replace it with Pantherophis guttatus	Taxonomic change.

Aquatic biosecurity

Legislation	Regulation	Section/Clause	Amendment	What this means
Biosecurity Regulation 2017	Aquatic Pests and Diseases / Pests and Diseases Required to be Notified	Clause 18, Clause 50, Schedule 1	Amending the name of the causative agent of Pacific Oyster Mortality Syndrome (POMS) to "Ostreid herpesvirus–1 µ variant—OsHV–1 µvar (OsHV1)"	Adoption of contemporary scientific terminology and aligns terminology to national standards.
Biosecurity Act 2015 / Biosecurity Regulation 2017	Prohibited Matter / Pests and Diseases Required to be Notified	Schedule 2 of the Act, and Schedule 1 of the Regulation	Removing Grateloupia turuturu (Red macroalga) from the prohibited matter list in Schedule 2 of the Biosecurity Act 2015; and including it as a notifiable disease in Schedule 1 of theBiosecurity Regulation 2017.	Grateloupia turuturu (Red macroalga) is endemic in NSW. It is a notifiable disease under Schedule 1 of the Biosecurity Regulation 2017which provides sufficient control of the risk to NSW to help manage new incursions.
Biosecurity Act 2015	Prohibited Matter	Schedule 2	Adding the following matter to the prohibited matter list in Schedule 2 of the Biosecurity Act 2015: Common name: Tilapia lake virus (TiLV) disease, Common name: Decapod iridescent virus 1, and Common name: Batrachochytrium salamandrivorans Common name: Scale drop syndrome virus Common name: Turbot reddish body iridovirus	Adoption of contemporary common names and alignment to national standards.
Biosecurity Act 2015	Prohibited Matter	Schedule 2	Amending the name of “Infectious spleen and kidney necrosis virus-like viruses (ISKNV)" to: “Infectious spleen and kidney necrosis virus (ISKNV)”	Adoption of contemporary scientific terminology and aligns terminology to national standards.
Biosecurity Act 2015 / Biosecurity Regulation 2017	Prohibited Matter / Pests and Diseases Required to be Notified	Schedule 2 of the Act, and Schedule 1, Regulation	Removing "Infectious hypodermal and haematopoietic necrosis of crustaceans" from the prohibited matter list in Schedule 2 of the Biosecurity Act 2015; and including it as a notifiable disease in Schedule 1 of theBiosecurity Regulation 2017.	Infectious hypodermal and haematopoietic necrosis of crustaceans is likely to already be established in NSW. To ensure national reporting obligations continue to be met, it is now a notifiable disease under Schedule 1 of the Biosecurity Regulation 2017 which provides sufficient control of the risk to NSW to help manage new incursions.
Biosecurity Act 2015	Prohibited Matter	Schedule 2	Amending the name “HPR-deleted or HPRO infectious salmon anaemia virus” to: “Infectious salmon anaemia virus”.	Adoption of contemporary scientific terminology and aligns terminology to national standards.
Biosecurity Act 2015	Prohibited Matter	Schedule 2	Amending the name “Candidatus Hepatobacter penaei” to: “Hepatobacter penaei (Necrotising hepatopancreatitis of crustaceans)"	Adoption of contemporary scientific terminology and aligns terminology to national standards.
Biosecurity Act 2015	Prohibited Matter	Schedule 2	Amending the name “Grouper iridoviral disease” to: “Singapore grouper iridovirus (Ranavirus)”.	Adoption of contemporary scientific terminology and aligns terminology to national standards.
Biosecurity Regulation 2017	QX Disease Biosecurity Zone	Clause 47 (10)	Inclusion of the reference to “ocean waters” in addition to estuaries to manage the biosecurity risk of Marteilia sydneyi (QX disease) in the QX Disease Biosecurity Zone.	Clarification to ensure that the QX Disease Biosecurity Zone applies to all oyster growing areas in the State, including estuaries and ocean waters, such as in Jervis Bay.
Biosecurity Regulation 2017	QX Disease Biosecurity Zone	Clause 48	Amending the note with " See the Fisheries Management (Aquaculture) Regulation 2017, in particular, Part 2, Division 3."	Replaces a reference to repealed legislation.
Biosecurity Regulation 2017	QX Disease Biosecurity Zone	Clause 49	Inclusion of the following additional estuary: The tidal waters of Port Stephens, including its bays, inlets and tributaries upstream of a line drawn from the southernmost point of Yacaaba Headland to the northernmost point of Tomaree Headland. To avoid doubt, the waters specified in this subclause include the estuaries of the Karuah River, Myall River and Tilligerry Creek.	This clarifies the estuaries that are declared to be a high QX risk area by including additional description of the extents of the estuary that are not currently covered by reference to relevant rivers.
Biosecurity Regulation 2017	QX Disease Biosecurity Zone	Clause 49	Updating the note in Clause 49 with the following: "Note— Moving oysters and oyster cultivation equipment may be precluded by the conditions of an aquaculture permit under the Fisheries Management Act 1994."	Clarifies the movement of oysters and oyster cultivation equipment may be precluded by the conditions of an aquaculture permit under the Fisheries Management Act 1994.
Biosecurity Regulation 2017	QX Disease Biosecurity Zone	Clause 49	Amendment enabling the movement of oyster cultivation equipment between QX risk areas of the same risk level or a lower risk area to a higher risk area.	The current regulation does not allow for the movement of oyster cultivation equipment between QX risk areas of the same risk rating, nor for the movement of equipment from a low-risk area to a higher risk area. This amendment will rectify these circumstances.
Biosecurity Regulation 2017	QX Disease Biosecurity zone	Clause 49(10)	Amending the subclause to reference the QX Disease Biosecurity Zone.	Clarification that the clause solely applies to waters in the QX Disease Biosecurity zone.
Biosecurity Regulation 2017	POMS Biosecurity Zone	Clause 52	Amending the subclause to reference the POMs Biosecurity Zone.	Clarification that the clause applies to all waters in the POMs Biosecurity Zone.