Biosecurity Amendment (Miscellaneous) Regulation 2019

Legislation

Regulation

Section/Clause

Amendment

What this means

Biosecurity Act 2015

Prohibited matter

Schedule 2 Part 1

Removing Lyssavirus (including Australian bat lyssavirus)  from the prohibited matter list in Schedule 2 of the Biosecurity Act 2015 and replacing it with Australian bat lyssavirus (clinical disease in animals other than bats); and Lyssaviruses (exotic genotypes).

Suspected or confirmed cases of Australian bat lyssavirus in bats no longer needs to be reported to the Emergency Animal Disease Watch Hotline. These cases must now be notified to an authorised officer within one working day.

Suspected or confirmed cases where an animal (other than a bat) has clinical Australian bat lyssavirus or any animal has an exotic lyssavirus genotype (including rabies) must be immediately reported to the Emergency Animal Disease Watch Hotline on 1800 675 888.

There is no legal requirement to notify an authorised officer of an interaction of a bat with another animal, such as a cat or a dog, even the bat is being submitted for testing. Please continue to contact the state laboratory if you are submitting a bat for testing by phone on 1800 675 623 or emailing laboratory.services@dpi.nsw.gov.au.
Any human exposure to bats should be reported by the person involved to NSW Health on 1300 066 055.

For more information, visit the bat health risks page.

Biosecurity Regulation 2017

Pests and diseases required to be notified

Schedule 1

Adding ‘Australian bat lyssavirus in bats’ to the NSW list of notifiable diseases in Schedule 1 of the Biosecurity Regulation 2017.

Biosecurity Regulation 017

Porcine brucellosis - carriers

Clause 17

Removing the prohibition on the importation of commercial pigs into NSW from Queensland and other parts of northern Australia on account of successful industry management of the disease Brucella suis (brucellosis) in pigs.

Brucella suis (brucellosis) will remain notifiable under Schedule 1, Part 1 of the Regulation.

The NSW Porcine Brucellosis Herd Accreditation Program provides a Brucella suis biosecurity risk management option for the NSW pig industry.

NSW legislation places an emphasis on 'shared responsibility'. Pig producers can also minimise the risk of porcine brucellosis by discharging their general biosecurity duty by, for example,  preventing feral pig direct/indirect contact with their pigs to help reduce the risk of infection in commercial pigs.

Biosecurity Regulation 2017

Animal feed

Part 2 Division 9

Amend clauses 36 – 38 to extend the current prohibitions in place for stock feed for pigs and ruminants, to any material or substance sourced from mammals and vertebrates, including allowing their access to any material or substance.

Amend the definition of ‘feed’ (clause 36) so that it does not cover only food, but any substance or material that the animal may ingest. Includes consequential amendments to Part 2 of Division 9.

Amendments have been made to strengthen legislation around feeding and access by pigs to any material or substance containing mammal products. Other changes strengthen the regulation around feeding or access by ruminants to any material or substances containing vertebrate products. This will enhance protection from exotic diseases of pigs and ruminants, including African swine fever, foot-and-mouth disease and ‘mad cow disease’.

For more information visit the FAQ page.

Biosecurity Regulation 2017

QX Biosecurity Zone

Part 3 Division 2

Inclusion of a note under clause 47(2) that the presence of Marteilia sydneyi (QX disease) is required to be notified under Division 2 of Part 2.

 

Biosecurity Regulation 2017

POMS Biosecurity Zone

Part 3 Division 3

Inclusion of a note under clause 50(2) that the presence of OSHV1 that causes Pacific Oyster Mortality Syndrome (POMS) is required to be notified under Division 2 of Part 2.

 

Biosecurity Act 2015

Prohibited matter

Schedule 2

Removing the aquatic animal fungus disease, Batrachochytrium dendrobatidis (Chytridiomycosis in amphibians) from the prohibited matters listing, as this disease is now endemic in NSW.

This disease will remain a notifiable disease under Schedule 1 of the Biosecurity Regulation 2019 which is sufficient control of the risk to NSW to help manage new incursions.

Biosecurity Regulation 2017

Pests and diseases required to be notified

Schedule 1 Part 1

Ehrlichia canis (Ehrlichiosis) a bacterial illness in dogs, has been added to the NSW list of notifiable Animal pests and diseases.

This disease has been added to the NSW list of notifiable diseases after national agreement that it be added to the National List of Notifiable Terrestrial Animal Diseases.

The National List enables surveillance to detect unusual incidents involving mortality or sickness of animals and diseases of public health significance.  This also has impacts for export markets.

Biosecurity Regulation 2017

Pests and diseases required to be notified

Schedule 1 Part 1

Mycoplasma iowae a bacterial disease that infects poultry animals, primarily turkeys but also occasionally chickens, has been added to the NSW list of notifiable Animal pests and diseases.

This disease has been added to the NSW list of notifiable diseases after national agreement that it be added to the National List of Notifiable Terrestrial Animal Diseases.

The National List enables surveillance to detect unusual incidents involving mortality or sickness of animals and diseases of public health significance.  This also has impacts for export markets.

Biosecurity Regulation 2017

Pests and diseases required to be notified

Schedule 1 Part 1

Pseudogymnoascus destructans in bats (White nose syndrome) has been added to the NSW list of notifiable Animal pests and diseases.

This disease has been added to the NSW list of notifiable diseases after national agreement that it be added to the National List of Notifiable Terrestrial Animal Diseases.

The National List enables surveillance to detect unusual incidents involving mortality or sickness of animals and diseases of public health significance. This also has impacts for export markets.

Biosecurity Regulation 2017

Pests and diseases required to be notified

Schedule 1 Part 1

Seneca Valley virus (Senecavirus A) a vesicular disease primarily impacting pigs, has been added to the NSW list of notifiable Animal pests and diseases.

This disease has been added to the NSW list of notifiable diseases after national agreement that it be added to the National List of Notifiable Terrestrial Animal Diseases.

The National List enables surveillance to detect unusual incidents involving mortality or sickness of animals and diseases of public health significance.  This also has impacts for export markets.

Biosecurity Regulation 2017

Pests and diseases required to be notified

Schedule 1 Part 2

Mya japonica (Soft shelled clam) a marine invasive pest species has been added to the NSW list of notifiable Aquatic pests and diseases.

This invasive marine pest has recently been detected in Tasmania, which is the first detection species in the Southern Hemisphere. The pathway of movement of viable specimens via human mediated means needs to be managed.

Biosecurity Regulation 2017

Pests and diseases required to be notified

Schedule 1 Part 2

Undaria pinnatifida (Japanese seaweed/Wakame) a type of marine algae that is invasive has been added to the NSW list of notifiable Aquatic pests and diseases.

This invasive marine pest present in Victoria and Tasmania that poses a threat to Southern NSW.

Biosecurity Regulation 2017

Pests and diseases required to be notified

Schedule 1 Part 1

Removal of Salmonella enteritidis (Salmonella Enteritidis infection in poultry) and replace with Salmonella Enteritidis”.

Removal of Salmonella pullorum (Pullorum disease) and replace with Salmonella Pullorum.

Removal of Trichomoniasis and replace with Tritrichomonas foetus (Trichomonosis).

Removal of Aethina tumida (Small hive beetle) from the NSW list of notifiable Animal pests and diseases as this disease is no longer a National notifiable disease for the purpose of international market access.

Taxonomic changes.

Legislation

Regulation

Section/Clause

Amendment

What this means

Biosecurity Act 2015

Prohibited matter

Schedule 2 Part 1

Spodoptera frugiperda (Fall armyworm) has been added to the NSW list of prohibited matter.

Fall armyworm has been declared as prohibited matter. It is now recognised as a national biosecurity threat to Australia due to its rapid global spread.

Biosecurity Act 2015

Prohibited matter

Schedule 2 Part 1

Tomato brown rugose fruit virus (Tobamovirus, ToBRFV) has been added to the NSW list of prohibited matter.

Tomato brown rugose fruit virus has been declared as prohibited matter. It is now recognised as a national biosecurity threat to Australia due to its rapid global spread.

Biosecurity Act 2015

Prohibited matter

Schedule 2 Part 1

Removal of Magnaporthe grisea (Rice blast) and replace with Pyricularia oryzae (Rice blast).

Taxonomic changes.

Biosecurity Regulation 2017

Pest and diseases required to be notified

Schedule  Part 4

Add Pseudomonas syringae pv. actinidae (Psa) has been added to the NSW list of notifiable Plant pests and diseases as this has been recently detected and agreed at National policy level.

Listing a new species as notifiable due to the recent outbreak in Victoria of the bacterial canker in kiwifruit and the increased risk of transmission to NSW.

Biosecurity Regulation 2017 and Biosecurity Order (Permitted Activities) 2019

Bananas: Panama disease
tropical race 4 - carriers

Clause 22

Removing the requirements for carriers of Banana freckle disease, a fungus that affects bananas, from clause 22 of the Regulation as this disease has now been successfully eradicated from Australia.

The disease will remain listed in Schedule 2 of the Biosecurity Act 2015 as matter that is prohibited in NSW.

NSW has lifted its movement restrictions on Banana freckle carriers.

Biosecurity Regulation 2017 and Biosecurity Order (Permitted Activities) 2019

Grapevine phylloxera biosecurity zone

Part 4, Division 3

In Part 4, Division 3, the definition of ‘grapevine carrier’ includes equipment that, within the previous 5 years, has been used in the production of a grapevine.

Amend ‘within the previous 5 years’ to ‘within the previous  2 years’.

The used grapevine equipment must be free of grapevine plant material and soil that has been in contact with a grapevine.

Due to the biology of the insect, Grapevine phylloxera, 5 years is overly long. The time limit for used equipment has therefore been changed to 2 years.

Biosecurity Regulation 2017 and Biosecurity Order (Permitted Activities) 2019

Tramp ants - carriers

Clause 32

Establishing that certain carriers of tramp ant species, such as mulch also includes manure in clause 32(1)(a).

Removing the requirements for carriers of Solenopsis richteri (black imported fire ant) and Pheidole megacephala (African big-headed ant) have been removed from the list of tramp ants in clause 32(3).

African big-headed ant is present on mainland NSW and Black imported fire ants have not been found in Australia.

The current movement conditions apply to movements into all of NSW.  This will be amended and movement conditions of carriers from all of mainland Australia to Lord Howe Island, including from the rest of NSW will be regulated through a new Control Order, Biosecurity (African big-headed ant) Control Order  2019 (PDF, 252.61 KB) to protect their unique world heritage listing.

Black imported fire ants are exotic to Australia and there is no need for domestic movement conditions. For this reason the species will continue to  be listed as prohibited matter in Schedule 2 of the Biosecurity Act 2015.

Legislation

Regulation

Section/Clause

Amendment

What this means

Biosecurity Act 2015

Prohibited matter

Hawkweed (taxonomic change)

Schedule 2

Hawkweed Hieracium spp. (all species except Hieracium murorum) and
Hawkweed Pilosella spp. (all species) added to the NSW list of prohibited matter.

With the exception of wall hawkweed (Heiracium murorum) all species of hawkweeds in the Hieracium group (genus) are prohibited matter in NSW. Wall hawkweed was previously listed as prohibited matter, but will now be regulated through the general biosecurity duty under Regional Strategic Weed Management Plans.
All species of hawkweeds in the Pilosella group (genus) are also prohibited matter, including orange (Pilosella aurantiaca) and mouse-ear (Pilosella officinarum) hawkweeds. These were previously grouped in the Hieracium genus.

Biosecurity Act 2015

Prohibited dealings

Schedule 3

Remove Oriental small-clawed otter and replace with Small-clawed Otter.

Remove Domestic water buffalo and replace with Swamp Buffalo/Water Buffalo.

Remove Wolf and replace with Grey Wolf.

Remove Domestic goat and replace with Goat.

Remove Great-tailed triok and replace with Great-tailed striped possum.

Remove Domestic llama/Llama and replace with Llama.

Remove Domestic alpaca/Alpaca and replace with Alpaca.

Remove Dromedary camel or Arabian camel and replace with One-humped camel/Dromedary.

Remove Rusa timorensis Rusa deer/Timor deer and replace with Cervus timorensis Rusa deer.

Remove Rusa unicolor Sambar and replace with Cervus unicolor Sambar deer.

Remove Sus scrofa Feral pig and replace with Sus scrofa (domestic) Domestic pig
Sus scrofa (feral) Feral pig.

The common names of certain prohibited dealings in Schedule 3 of the Biosecurity Act 2015 have been updated to reflect changes in taxonomy for species that are currently listed.

The species and common names of certain prohibited dealings in Schedule 3 of the Biosecurity Act 2015 have been updated to reflect changes in taxonomy.

Biosecurity Regulation 2017

Prohibition on dealings with camels, deer, pigs, rabbits and foxes.

Clause 17B

Applying (wild/feral) to the common name of all listed species except for European red fox.

New amendment will allow the movement of the animal if dead (clause 17B(3)(b)).

Remove Camelus dromedaries Feral dromedary camel and replace with Camelus dromedaries Wild one-hump camel/dromedary.

Remove Rusa timorensis Wild rusa deer/Timor deer and replace with Rusa timorensis Cervus timorensis Wild rusa deer.

Remove Rusa unicolor Sambar and replace with Cervus unicolor Wild sambar deer.

Remove Sus scrofa Feral pig and replace with Sus scrofa (feral) Feral pig.

The new amendment provides clarity on the regulation of wild/feral animals as opposed to domestic/commercially important animals.

Biosecurity Regulation 2017

Cane Toad Biosecurity Zone

Part 2C Division 2

The Regulation has been amended to create a Cane Toad Biosecurity Zone  (refer to map) and persons in certain areas of the zone to notify the presence of cane toads and to take certain actions to control and eradicate as soon as practicable after becoming aware of its presence.

A Cane Toad Biosecurity Zone has been established to assist with preventing the spread of cane toads from the NSW north coast area encompassing the Tweed, Byron, Lismore and Ballina Local Government Areas. The proposed regulatory measures within the zone include:

  • a duty to notify the presence of cane toads
  • a prohibition on moving, keeping or releasing cane toads and
  • a requirement to euthanise all cane toads on that land by any lawful method where reasonably practical.

Biosecurity Regulation 2017

Weeds

Schedule 3

Asparagus densiflorus (Meyersii/Foxtail fern) has been added to the NSW list of notifiable weeds and has a prohibition on sale and must not be sold in NSW.

Foxtail fern, also known by other names including Meyersii fern, is now classified as a cultivar of Asparagus densiflorus. Previously it was included with the species known as Asparagus aethiopicus. Both Asparagus densiflorus and Asparagus aethiopicus have a prohibition on sale and must not be sold in NSW. This applies to other cultivars of Asparagus densiflorus as well.

Biosecurity Act 2015

Prohibited matter

Schedule 2

Removal of Aedes albopictus (Asian tiger mosquito) from the prohibited matter listing of pest terrestrial invertebrates.

The risk of human health is more appropriately controlled under the NSW Public Health Act notifiable (health) disease listings. There are sufficient tools under the Biosecurity Act 2015 to support NSW Health with any incursion management that may be necessary.

Legislation

Regulation

Section/Clause

Amendment

What this means

Biosecurity Regulation 2017

Testing for prohibited matter

Clause 8

Clause 8 has been removed from the Biosecurity Regulation 2017. Testing for prohibited matter will be regulated using a new exemption order, Prohibited Matter (Diagnostics) Exemption Order 2019 (PDF, 30.51 KB).

Provides greater clarity for laboratories, universities and researchers as to how and when testing for prohibited matter can be conducted.

Revised arrangements will allow for current testing techniques to be recognised and certain entities, such as The National Herbarium of New South Wales, or interstate government laboratories and other third party provider laboratories to conduct tests under certain conditions without applying for a prohibited matter permit.

Biosecurity Regulation 2017

Declared Biosecurity events

Part 2B

Declaring certain circumstances as ‘biosecurity events’ to give farmers clarity as to when to report an unexpected and unexplained significant event that may by an early trigger of a new or emerging animal or plant pest and disease.  For example, some diseases are difficult for the untrained eye to diagnose, however it would be easier for farmers to identify an unexpected event such as a mass mortality of animals or an unexplained and significant fall in production relating to plants or animals.

The Biosecurity Regulation 2019 declares the following to be biosecurity events— (a) the appearance of ulcers or blisters on the mouth or feet of ruminants or pigs,(b) an unexplained and significant increase in a mortality rate or morbidity rate in plants or animals, (c) an unexplained and significant fall in production relating to plants or animals,(d) the appearance of other unexplained and significant clinical signs in animals including, but not limited to, unexplained neurological signs or conditions.

Immediate verbal notification of suspected infection to an authorised officer is required where an owner or a person in their professional capacity suspects, or is aware, of a biosecurity event.
In the case of a biosecurity event in animals, phone the Emergency Animal Disease Watch Hotline on 1800 675 888. In the case of a biosecurity event in plants, phone the Exotic Plant Pest Hotline on 1800 084 881.

This measure is expected to help improve reporting of a response to unexpected and significant events.