The Biosecurity (Fire Ant) Emergency Order (No 3) 2024 places restrictions on the movement of fire ant carriers including organic mulch, compost, growing media, manure, soil and anything with soil on it, hay, straw, chaff, silage, potted plants, turf, agricultural equipment, earth moving equipment, sand, gravel, chitters, coal fines, coal stone, overburden and decomposed granite into NSW from the fire ant infested area of Queensland.

The Emergency Order takes effect from the 7 March 2024 and:

• applies to any person who deals with a fire ant carrier (domestic or commercial); and
• defines the NSW Protection Zone, which is the whole of NSW excluding fire ant infested areas or fire ant movement control areas; and
• defines the QLD fire ant infested area, which includes 5 km around all detections in QLD; and
• defines the NSW fire ant infested area, which includes areas in NSW within 5 km the detection in QLD.
• defines the fire ant movement control areas in South Murwillumbah and Wardell, which includes 5 km around all detections; and
• requires any person initiating movement of a fire ant carrier into the NSW protection zone from the fire ant infested area to declare a Record of Movement and upload the required biosecurity certificate here
• requires any person moving a fire ant carrier out of the movement control areas to declare a Record of Movement here.
• A Plant Health Certificate can be obtained via DPI through Plant Health Certificate (PHC) (nsw.gov.au)
• provides stop and search powers to Authorised Officers to stop a vehicle and inspect the vehicle and anything in it or on it with specific relation to fire ant carrier materials; and
• treatment must remain effective until the turf arrives in NSW.
• outlines the requirement of turf layers to treat at the point of lay in NSW using an approved chemical.
• onsellers of turf must ensure that treatment requirements and necessary documentation are passed onto consumers.
• clarifies rules on moving green waste, mulch, and residual soil to approved waste facilities in affected areas.
• further clarifies requirements for transiting the known infested area; and
• outlines the requirements for the movement of each carrier into NSW from the fire ant infested area in QLD.

A person in breach of an emergency order is guilty under the Biosecurity Act 2015 of a category 2 offence, for which the maximum penalties are:

• In the case of an individual $1,100,000 and, in the case of a continuing offence, a further penalty of $137,500 for each day the offence continues.

In the case of a corporation $2,200,000 and, in the case of a continuing offence, a further penalty of $275,000 for each day the offence continues.

Read the Plain English Guide to the Emergency Order