Amendments to the BAM Regulations - 2019

Page last updated: Friday, 13 September 2019 - 3:43pm

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In 2019, a number of amendments to the Biosecurity and Agriculture Management Regulations 2013 (BAM Regulations) came into operation. The amended BAM Regulations are available from the Western Australian Legislation website. The key changes are summarised below.

Keeping of declared pests: Regulations 7 and 8 now allow a declared pest assigned to the restricted keeping category to be kept at a suitable quarantine facility because in some cases it is more efficient and cost effective for a place to be accredited as a quarantine facility than to operate under keeping permits.

Movement of restricted potential carriers: The former regulations 18, 20 and 21 have been revoked, regulations 8A and 8B have been inserted and regulations 16, 17 and 25 have been amended to allow the Director General to publish movement restrictions for prescribed potential carriers. These amendments were made to enable changes to requirements to be made efficiently in response to biosecurity needs. The amendments allow restricted movements to take place under permit.

Direction to test: Regulation 38 has been amended to allow an inspector to direct a person to test an organism or potential carrier for the presence of a declared pest because it has proven impractical and inefficient for clients to wait for an inspector to take the necessary samples.

Removal of organisms or potential carriers: Regulation 39A has been inserted to disallow the removal of an item subject to the control of an inspector to be removed from a specified place without approval or direction. This makes it clear that to remove items under certain circumstances constitutes an offence.

Exemption of certain prescribed potential carriers from presentation for inspection: Regulation 79 has been amended to allow the Director General to exempt certain prescribed potential carriers from the requirement to be presented for inspection when imported because certain prescribed potential carriers do not, at present, represent pathways for pests and diseases of concern when introduced from other Australian states and territories. If such a pest or disease is detected in Australia, the exemption will be revoked and the carriers subject to import requirements and inspection on arrival.

Abandoned or neglected plants, bees or apiaries: Regulation 86 has been amended to provide greater clarity with respect to those things which may be considered abandoned or neglected, and to the directions that the Director General may give.

Approved design of bee hives: Regulation 86A has been inserted to reinstate the requirement (formerly in effect under the Beekeepers Act 1963) that bees be kept in hives of approved design to allow identification and monitoring for disease.