Since August 2019, individuals entering areas subject to a biosecurity management plan must comply with the measures outlined in the plan. Arrangements in biosecurity management plans aim to prevent, eliminate, and minimise the biosecurity risks posed by people entering a place at which commercial agricultural or horticultural activity, including processing and education, occurs.

Failure to comply with these arrangements when dealing with biosecurity matters, such as animals or produce, may be an offence under the Biosecurity Act 2015. Penalties can include an on-the-spot fine of $1000 or a court-ordered fine of $220,000 for individuals and $440,000 for corporations.

The amendment to the Biosecurity Regulation 2017 provides extra protection against biosecurity risks caused by unlawful entry to premises. The changes make it mandatory for any farm or site visitors to comply with a biosecurity management plan.

Having a biosecurity management plan will remain voluntary for farmers, but where a biosecurity management plan is in operation, it will become a legal requirement to obey relevant signs, procedures and measures outlined in the plan.

Anyone who enters the designated management area, deals with biosecurity matter, such as animals or produce,  and doesn’t comply with the biosecurity management plan’s requirements may be guilty of an offence under the Biosecurity Act 2015.

To ensure that you are protected by the new arrangements, you must:

• ensure your biosecurity management plan is up-to-date and sets out reasonable measures to prevent, eliminate or minimise biosecurity risks, and ensure you are actively following it;
• ensure there are signs at each entrance to the management area where biosecurity management plan applies (see the maps below for examples on where signs are needed). Signs must:
  • advise that a biosecurity management plan is in place
  • outline that it may an offence under the Biosecurity Act 2015 for a person to fail to comply with the measures set out in the biosecurity management plan
  • tell visitors how they can contact you (or a property manager), for purposes of inspecting the biosecurity management plan and understanding their biosecurity obligations on your property

Landholders can create their own signs by downloading the PDF version (PDF, 443.73 KB).

Ensure your biosecurity management plan is up to date by using the guide on the DPI website. If you don’t have a biosecurity management plan in place, templates are available at www.farmbiosecurity.com.au/toolkit/planner, a joint initiative of AHA and PHA managed on behalf of members.

Queensland made similar changes to their Biosecurity Regulation 2016 in May 2019. The differences in NSW are:

• facilities are not required to be a ‘registered entity’,
• there are higher monetary penalties for non-compliance in NSW (eg. statutory penalties of $220,000 for an individual and $440,000 for a corporation),
• plans don’t need to be titled a ‘biosecurity management plan’ and don’t need to refer to the Biosecurity Act 2015, and
• persons entering a property don’t need to confirm that they have read and understood their obligations under the plan.

No. Having a biosecurity management plan will remain voluntary but if there is a biosecurity management plan in operation, it will become a legal requirement to obey relevant signs, procedures and measures outlined in the biosecurity management plan. The offence will not apply if a biosecurity management plan is not in place or is not being implemented.

We strongly advise that anyone engaged in commercial agricultural or horticultural activity, including processing and education, develop and actively follow a biosecurity management plan.

If you don’t have a biosecurity management plan in place, templates for developing a biosecurity management plan is available from www.farmbiosecurity.com.au/toolkit/planner/ a joint initiative of AHA and PHA managed on behalf of members.

The changes mean that anyone entering your property must follow your biosecurity management plan. If they don’t, they may be committing an offence under the Biosecurity Act 2015.

To ensure that your biosecurity management plan is enforceable, you need to ensure it meets some criteria:

• Your biosecurity management plan must contain reasonable measures that prevent, eliminate or minimise the risk of a biosecurity impact caused by persons entering or carrying out activities at or from the place. For example, requiring the person entering the place to only enter at certain points or to write their details in a visitors log.
• You must be actively using your biosecurity management plan on your property.
• It must be clear where on the property your biosecurity management plan applies. Your biosecurity management plan could apply to all of your property, or only part of your property.
• You must place signs at each entrance to the management area, to notify visitors that they are entering an area covered by a biosecurity management plan. Signs must:
  • advise that a biosecurity management plan is in place
  • outline that it may be an offence under the Biosecurity Act 2015 for a person to fail to comply with the measures set out in the biosecurity management plan
  • tell visitors how they can contact you (or a property manager), for purposes of inspecting the biosecurity management plan and understanding their biosecurity obligations on your proper

To ensure that your biosecurity management plan is enforceable, you need to ensure it meets some criteria:

• Your biosecurity management plan must contain reasonable measures that prevent, eliminate or minimise the risk of a biosecurity impact caused by persons entering or carrying out activities at or from the place. For example, requiring the person entering the place to only enter at certain points or to write their details in a visitors log.
• You must be actively using your biosecurity management plan on your property.
• It must be clear where on the property your biosecurity management plan applies. Your biosecurity management plan could apply to all of your property, or only part of your property.
• You must place signs at each entrance to the management area, to notify visitors that they are entering an area covered by a biosecurity management plan. Signs must:
  • advise that a biosecurity management plan is in place
  • outline that it may be an offence under the Biosecurity Act 2015 for a person to fail to comply with the measures set out in the biosecurity management plan
  • tell visitors how they can contact you (or a property manager), for purposes of inspecting the biosecurity management plan and understanding their biosecurity obligations on your proper

It is recommended that you also periodically review your biosecurity management plan to ensure it is relevant and current.

Yes, you need to be following your biosecurity management plan. If you aren’t following the requirements outlined in the biosecurity management plan, it is difficult to enforce the requirements for visitors and or trespassers.

The management area covered by your biosecurity management plan should be outlined within the biosecurity management plan. Your management area could be your whole property, or it could be part of your property. You could also have multiple biosecurity management plans that cover different areas of the property.

To ensure that you are best protected, you should ensure that the area to which your biosecurity management plan applies is clearly defined within the biosecurity management plan. Using a property map to show visitors where the plan applies is recommended.

Compliant biosecurity signs must be clearly visible at all public entrances to the management area.

Once you have developed a biosecurity management plan for your property, to ensure that you are protected by the new arrangements, you must ensure that compliant biosecurity signs (see ‘What do the signs need to say?’) are visible at all public entrances to management areas on your property to alert visitors of their biosecurity obligations. You should make sure all visitors are aware of their obligations under the plan. For example, your biosecurity management plan may require visitors to use wash down stations for footwear and vehicles, or to stay away from some areas.

It may be an offence for someone entering, being present on, or leaving a management area on your property to not to comply with the biosecurity management plan for your property when dealing with biosecurity matter.

For more information call Local Land Services in your region on 1300 795 299.

Signs must be displayed at the entrance to the management area to which your plan applies. For example, if your management area identified in your biosecurity management plan is your whole property then signs are needed at all perimeter access points - see sample images below.

Management area example - Whole property

Management area example - Part of property

Signs must:

• advise that a biosecurity management plan is in place
• outline that it may be an offence under the Biosecurity Act 2015 for a person to fail to comply with the measures set out in the biosecurity management plan
• tell visitors how they can contact you (or a property manager), for purposes of inspecting the biosecurity management plan and understanding their biosecurity obligations on your property

Please contact Local Land Services in your region on 1300 795 299, or create a sign by downloading the PDF version.

If you currently have a Farm Biosecurity Farm Trespass sign that looks like the one below, you can get a sticker that will update the wording to make sure it meets the new criteria. Alternatively, you can replace your signs or make your own. Download and print the PDF.

For more information call Local Land Services in your region on 1300 795 299.

If you don’t have enough signs, or can’t get to your local LLS office to pick some up, here’s a guide for making them at home:

Option 1:

1. Download the DPI sign template
2. Print it out
3. Display the sign at every entrance to the management area covered by your biosecurity management plan (this could be your whole property, or just part of your property)

Option 2:

1. Design a sign with text that:

   advises that a biosecurity management plan is in place

   outlines that it may be an offence under the Biosecurity Act 2015 for a person to fail to comply with the measures set out in the biosecurity management plan

   tells visitors how they can contact you (or a property manager), for purposes of inspecting the biosecurity management plan and understanding their biosecurity obligations on your property

2. Display the sign at every entrance to the management area covered by your biosecurity management plan (this could be your whole property, or just part of your property)

You must display signs at every entrance to the area covered by the biosecurity management plan. The signs must reflect specific wording (see above).

If you currently have a sign that meets all of these criteria, you will not need a new sign.

If your sign does not meet all of these criteria, you will need to either amend or replace your sign.

Stickers (825mm x 115mm) are available that you can append to your existing Farm Biosecurity Farm Trespass sign to make it compliant with the new Regulation. You can pick these up, free of charge, at your local LLS office.

Please contact Local Land Services in your region on 1300 795 299, or create a sign by downloading the PDF version

A person who enters your property without adhering to the biosecurity management plan when dealing with biosecurity matter, such as animals or produce, may be committing an offence under the Biosecurity Act 2015. Depending on the circumstances of the trespass and police response, the trespasser may be issued with a Penalty Infringement Notice of $1,000. If the trespasser is found guilty of an offence through court action, the court may impose a penalty of up to $220,000 for an individual or $440,000 for a corporation.

If an unauthorised person enters your property, you should:

• Call the Police on 000 to report the intrusion.
• Explain your concerns - tell the emergency operator about the specific threats posed by the trespasser (e.g. biosecurity, animal welfare, WH&S, lost production etc.)
• Ensure the safety of your family, farm workers and livestock.
• Take immediate action to inform everyone on the property of the intrusion.
• Request that the trespassers identify themselves and explain why they are on your property and notify them if there is a biosecurity management plan in place.
• Inform them the police have been called and calmly ask them to leave your property.
• Record trespasser activities – footage of faces and vehicle registration numbers. Note any identifying features of the trespassers, especially if they interact with livestock or enter your house yard or defined management area.
• When able, compile a written record of what happened and update your biosecurity records.

If an unauthorised person enters your property, and the Police are not able to directly attend the situation, be careful in any approach you make to the trespasser. If you do approach the trespasser, notify them that they are trespassing, ask them to leave, and inform them that the Police have been called and are on their way. You should inform them if there is a biosecurity management plan in place on your property, and that they may be guilty of an offence under the Biosecurity Act 2015 if they do not comply with that biosecurity management plan.

A person who enters or is in a management area and deals with biosecurity matteror a carrier must comply with the requirements of the biosecurity management plan when dealing with biosecurity matter. Someone who enters your property without your permission may be guilty of a trespassing offence under the Inclosed Lands Protection Act 1901. If an unauthorised person enters your property, call the Police on 000.

This Regulation does not apply to anyone who enters, or is in, a biosecurity management area under the authority of another law. This would include - but is not limited to - the following:

• Police officers entering under the Police Act 1901
• Emergency services personnel
• Authorised officers under the Biosecurity Act 2015, Fisheries Management Act 1994, Protection of the Environment Operations Act 1997, etc.
• Inspectors under the Prevention of Cruelty to Animals Act 1979, Food Act 2003, Game and Feral Animal Control Act 2002, etc.
• Registered surveyors together with their assistants acting under Part 4 of the Surveying and Spatial Information Act 2002
• Persons exercising powers to enter land without delay under Schedule 3 of the Telecommunications Act 1997 (Cth)

If your sign is stolen, you should report it to the Police on 000.

Please contact your Local Land Services in your region on 1300 795 299, or create a sign by downloading the PDF version

For more information call Local Land Services in your region on 1300 795 299.

A management area is the part, parts of, or whole area of a place to which the biosecurity management plan may apply.

In practice, the management area could be your whole property, or a part of your property (e.g. a particular shed, paddock, or other facility). The management area should be clearly defined - preferably with maps - in your biosecurity management plan.

Management area example - Whole property

Management area example - Part of property

A Biosecurity Management Plan is a document that outlines the measures put in place to protect biosecurity and mitigate the risks of pests and diseases on your property.

Having a biosecurity management plan is voluntary but if there is a biosecurity management plan in operation, it will become a legal requirement to obey relevant signs, procedures and measures outlined in the biosecurity management plan. The offence will not apply if a biosecurity management plan is not in place.

To ensure that your biosecurity management plan is enforceable, you need to ensure it meets some criteria:

• Your biosecurity management plan must contain reasonable measures. Reasonable measures to have in a biosecurity management plan are those measures that prevent, eliminate or minimise the risk of a biosecurity impact caused by persons entering or carrying out activities at or from the place. 
  • Examples of reasonable measures include requiring the person entering the place to enter at certain points only, to write their details in a visitors' log, to wear personal protective equipment when dealing with biosecurity matteror a carrier at the premises, or to clean vehicles after dealing with biosecurity matteror a carrier.
• You must have adopted your biosecurity management plan
  • If you aren’t following the requirements outlined in the biosecurity management plan, it is difficult to enforce the requirements for visitors and or trespassers.
• It must be clear where your biosecurity management plan applies
  • Your biosecurity management plan could apply to all of your property, or only part of your property. Being clear on where your biosecurity management plan applies will help to ensure that people follow it.

If you don’t have a biosecurity management plan in place, templates for developing a biosecurity management plan which aligns to the regulation is available from www.farmbiosecurity.com.au/toolkit/planner/, a joint initiative of AHA and PHA managed on behalf of members.

For tips on how to update your plan, see the What do I need to do FAQ on this page.

An entrance can be defined as one or multiple access points to the management area to which your biosecurity management plan applies. For example, if the management area identified in your biosecurity management plan is your whole property then signs are needed at all perimeter access points.

Reasonable measures to have in a biosecurity management plan are those measures that prevent, eliminate or minimise the risk of a biosecurity impact caused by persons entering or carrying out activities at or from the place. Examples of reasonable measures include requiring the person entering the place to enter at certain points only, to write their details in a visitors' log, to wear personal protective equipment when dealing with biosecurity matter or a carrier at the premises, or to clean vehicles after dealing with biosecurity matter or a carrier.