Rural Law Online A guide to the law for Victorian Primary Producers

Exotic pests and diseases

The Plant Health and Plant Product Act 1995 outlines measures to prevent exotic pests and diseases, detected in other states and territories, from entering Victoria.

If it is suspected that there is a possibility that an exotic pest or disease is present or introduced into an area within Victoria, the Minister for Agriculture may declare the area to be restricted. Restricted area declarations must be published in the Government Gazette and in a newspaper circulating in the locality.

Visit the DPI Plant Standards Branch web page for current orders and declarations and a list of exotic pests and diseases.

Quarantined and restricted areas

The minister must ensure that a written notice is given to the owner or person in charge of any place declared a quarantine or restricted area. Declarations will specify any operational prohibitions, restrictions or requirements.

Unless authorised to do so, nobody can enter, leave or move through a quarantine area, or take out any plant, plant product, plant vector, used package, vehicle, used agricultural equipment or soil to or from a quarantine area. If you want to move any items into, within or out of a restricted area, you must have a permit issued by an inspector.

Fines for illegal entry into a quarantine area can be up to 50 penalty units for an individual or 200 penalty units for a corporation.  In the case of a restricted area the individual fine is also 50 penalty units with a maximum fine of 100 penalty units for a corporation

Orders declaring quarantine areas or restricted areas may also require owners or occupiers to take control, containment or eradication measures. You may face a fine if you contravene an inspector's written directive.

Generally, quarantine and restriction orders remain in force for twelve months unless a shorter period is specified or the order is revoked sooner. If necessary, the Minister will extend the duration of an order for a period not exceeding twelve months. A notice to do so will be published in the Government Gazette.

Border security and importation orders

The Minister may restrict or prohibit, by Order, the importation of plants, plant products, used agricultural equipment, used packages, soil, bees, honey, beeswax, honeycomb, beehives or pollen into Victoria. The Minister may also order tests or treatments to be performed on these goods and request an assurance certificate, plant health certificate or plant health declaration, stating that tests or treatments have been carried out on the goods in question.

The requirements for publication of notification orders and duration of these orders are similar to those applying for quarantine orders.

If any of these items are brought into Victoria by contravention of the importation order, you may be fined.

Exotic diseases: offences

It is an offence to:

  • possess an exotic pest or diseased organism or a plant or plant product affected by an exotic pest or disease (an exotic disease agent); or
  • administer or release an exotic disease agent or permit the administration or release of an exotic disease agent; or
  • threaten to release or administer an exotic disease agent.

The maximum penalty for these offences is 200 penalty units.

The only exception is made for a person who has the authority of the secretary to be in possession of an exotic disease agent for the purposes of research.

If a quarantine areas has been declared it is an offence to enter or leave the area without a permit issued by a DPI Inspector. It is also an offence to bring any prescribed material into the area. Penalties can be up to 50 penalty units for as person or 200 for a corporation.

Inspection for exotic pests or diseases

Inspectors appointed byThe Secretary of the Department of Primary Industries have wide powers to search, inspect, examine, test, disinfect, fumigate or take samples from a place or vehicle and to serve infringement notices if necessary.

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