1. Biosecurity Act 2014 What does it mean for aquaculture?

2. Why?
Click on the provided link to watch a brief You-Tube clip on the background to the Biosecurity Act.

3. Shared responsibility
Equitable sharing of responsibility
Obligation to those who should ‘own’ the risk
Governments
Industries
Individuals
The principle of ‘shared responsibility’ recognises that biosecurity is everyone’s responsibility and that all relevant parties should contribute to the reduction of biosecurity risks and the cost of biosecurity responses. In this way, all those who should reasonably make a contribution share the responsibility for prevention and management of the full range of biosecurity risks that threaten Queensland.
This is formalised in the Act through:
the general biosecurity obligation
the requirement for consultation with a broad range of stakeholders
recognition of intergovernmental and industry agreements; and
the Act’s compensation policy.

4. Risk based decision making
Focused on managing outcomes
Minimises prescribed requirements
Requires a reasonable and practical response matched to the degree of risk
Benefits:
Flexibility
Proportionate and rapid response
Risk based decision making focuses on managing the outcomes, while keeping the number of prescribed requirements to a minimum. This has the benefit of allowing flexibility in the application of the legislation and will support proportionate and rapid responses in the face of biosecurity emergencies.
Under the previous legislation, responses to defined biosecurity threats were strictly prescribed. This could mean that biosecurity officers were required to undertake steps to manage the risk.
The aim of this principle is to ensure that only the most necessary and effective steps are taken to manage a biosecurity risk – requiring a ‘reasonable and practical’ response which is matched to the degree of risk posed by the biosecurity matter.
This approach is new to biosecurity in Australia but has been used successful in many other areas of government regulation e.g. workplace health and safety.

5. Linked to risk based decision making
The precautionary principle
Allows action where serious or irreversible damage is possible but the scientific knowledge is incomplete
“When an activity raises threats of harm to human health or the environment, precautionary measures should be taken even if some cause and effect relationships are not fully established scientifically.”
Linked to risk based decision making
Finally, the last of the foundational concepts – the precautionary principle – is designed to enable rapid responses in the face of biosecurity emergencies.
Previous legislation delayed responses to biosecurity incursions until scientific identification had been completed and, in the case of new incursions, an amendment to legislation had been made. This poses obvious problems and significantly reduced Biosecurity Queensland’s capacity to stem the spread of a new pest or disease in the critical early stages.
To overcome this issue, the new legislation allows the use of ‘the precautionary principle’.
This states that:
“when an activity raises threats of harm to human health or the environment, precautionary measures should be taken even if some cause and effect relationships are not full established scientifically.”
As a result, the new Biosecurity Act will allow action to be taken to manage biosecurity incursions where serious or irreversible damage is possible but the scientific knowledge is incomplete.

6. Before July 2016 Fisheries Act 1994 (these parts now repealed)
Listed notifiable diseases
Quarantine area can be declared
Orders for emergency disease, emergency quarantine or destruction
Specific obligations - Illegal to move, sell or leave diseased fisheries resources
Entry powers only with consent, warrant, under quarantine or emergency quarantine or destruction.

7. Unchanged requirements
Licence conditions under Sustainable Planning Act 2009 (to remain in place) requires:
Hygiene and disease mitigation SOPs
Disease response SOP
Ability to isolate ponds
Comply with translocation policy
Mandatory reporting of disease
Sale as bait or release live is not allowed

8. Since 1 July 2016…. Biosecurity Act 2014
General Biosecurity Obligation to prevent, minimise or eliminate risk if you know or ought to know about it
Prohibited matter (exotic) and restricted matter (endemic)
A range of powers of entry depending on situation
More tools, consistent with other disease responses
S 25 regs ‘a person must not use a diagnostic disease test kit or method…unless approved by CEO’
Also must not disclose results

9. General biosecurity obligation
What are your main obligations?
General biosecurity obligation
Regulation of biosecurity matter/carriers
Notifiable incident (includes unusual mortality or morbidity)
Under the Act, your main obligations relate to the following:
You have a general biosecurity obligation to take reasonable measures to minimise or prevent risk.
The Act details prohibited and restricted matter.
Prohibited matter is biosecurity matter that is not in Queensland, such as foot and mouth disease or citrus canker, but if it entered could have a significant impact. If you are aware of prohibited matter you must report it immediately.
You must do what you can to minimise the impact of restricted matter, which is biosecurity matter that is currently in Queensland, such as fire ants, wild dogs and deer, noxious fish, and some animal diseases, invasive plants and exotic weeds.
A person must report a notifiable incident, such as abnormal deaths or illness of animals, or the presence of contaminants.

10. Biosecurity Act instruments
Emergency order
21 days (CE)
Movement control order
3 months (CE)
Programs – surveillance, prevention & control (CE)
Biosecurity zones
Biosecurity orders
Regulatory provisions
Emergency response  Management phase response  Everyday / General Biosecurity Obligation
CE = Chief Executive (Director General) authorisation required
To support the implementation of the Biosecurity Act’s significant obligations, a range of legislative instruments have been developed.
These provide varying levels of powers depending on the seriousness of the biosecurity threat, supporting anything from emergency responses through to everyday lower-level biosecurity risk mitigation.
Biosecurity emergency orders are primarily emergency actions to isolate and stop the spread of biosecurity matter, where possible eradicate it.
A movement and control order is used to assist with the management, reduction or eradication of biosecurity matter by prohibiting or restricting the movement of the biosecurity matter or a carrier.
Biosecurity programs are used in non-emergency situations to enable government to proactively identify and respond to a pest, disease or other biosecurity matter that poses a risk. E.g. a surveillance program may be authorised to monitor compliance, or a prevention and control program may prevent the entry of biosecurity matter in an area.
Biosecurity zones can be established across whole or part of the state to eradicate, reduce or manage a plant or animal pest or disease, or contaminant.
Biosecurity orders may be used to enforce the general biosecurity obligation if a person has failed or may fail to meet their obligations.
Regulations underpin the Act with details of how the legislation is to be implemented.

11. General Biosecurity Obligation
Requires any person dealing with biosecurity matter (eg exotic virus) or a carrier of biosecurity matter (eg contaminated water) and who knows, or ought reasonably to know of the biosecurity risks associated with that activity to take all reasonable and practical measures to prevent, minimise or eliminate the risk.

12. Penaeus Monodon Mortality Syndrome
PMMS is a new emerging biosecurity threat
PMMS is not currently a notifiable disease under the Biosecurity Act
However, given that PMMS is a biosecurity threat a person has a responsibility to deal with it even if they only suspect it is PMMS. This means a person must
Minimise the risk of PMMS spreading using known SOPs; and
Report to government so we can help you to manage it.

13. Questions?
Industry specific factsheets are available on proposed regulation changes under the Act.
Further information on the principles of the Act can be accessed online from the DAF website at
Full details on the regulations and changes will be published on the department’s website on 1 July If you have any queries on the Act, please call the Call Centre on