Biosecurity (First Point of Entry—Port of Fremantle) Determination 2019

Contents

1Name#

This is the Biosecurity (First Point of Entry—Port of Fremantle) Determination 2019.

3Authority#

This instrument is made under subsection 229(1) of the Biosecurity Act 2015.

4Definitions#

Note: A number of expressions used in this instrument are defined in section 9 of the Act.

In this instrument:

Act means the Biosecurity Act 2015.

freight container means a re-usable container:

(a)that is designed to be used to transport goods by one or more modes of transport; and

(b)that can be transferred from one mode of transport to another without unloading the goods from the container; and

(c)that is known as a 20-foot-long container or a 40-foot-long container.

general goods means goods (as defined by section 19 of the Act) other than baggage, freight containers, live horses or waste.

goods means goods (as defined by section 19 of the Act):

(a)that are subject to biosecurity control; or

(b)in relation to which an exposed goods order is in force.

inorganic bulk goods means chemicals, ores, minerals or gases that:

(a)are brought or imported into Australian territory in bulk; and

(b)do not contain animals, plants, organic compounds or microbes.

non-commercial vessel has the same meaning as in the Biosecurity Regulations 2026.

non-commercial vessel baggage means baggage carried on a non-commercial vessel.

non-commercial vessel waste means waste carried on a non-commercial vessel.

passenger vessel baggage means baggage carried on a passenger vessel.

vessel means a vessel (as defined by section 9 of the Act) that is subject to biosecurity control.

waste means goods (as defined by section 19 of the Act):

(a)that are subject to biosecurity control; and

(b)that are intended, by the person in charge of the vessel on which the goods are carried, to be disposed of.

5First point of entry—vessels#

Port of Fremantle is a first point of entry for vessels generally.

6First point of entry—goods#

Port of Fremantle is a first point of entry for goods other than live horses.

Note: For other matters relating to whether particular goods may be brought into a particular first point of entry, see sections 173 and 174 of the Act (which deal with prohibited goods and conditionally non-prohibited goods) and any determinations made under those sections.

Part 3 · Biosecurity entry points

7Biosecurity entry points—vessels#

Each area of Port of Fremantle specified in column 2 of an item of the following table is designated as a biosecurity entry point for a vessel, or a vessel included in a class of vessels, specified in column 1 of the item.

Biosecurity entry points—vessels
Item	Column 1Vessels	Column 2Areas
1	Non-commercial vessels	Fremantle Sailing Club
2	Vessels other than non-commercial vessels	Inner Harbour F Berth – Fremantle Passenger Terminal
3	Vessels other than the following:(a) non-commercial vessels;(b) passenger vessels	The following areas:(a) Alcoa Berth 1;(b) Alcoa Berth 2;(c) Australian Marine Complex Berth 1,(d) Australian Marine Complex Berth 2;(e) Australian Marine Complex Berth 3;(f) Australian Marine Complex Berth 4;(g) Australian Marine Complex Berth 5;(h) Australian Marine Complex Berth 6;(i) BP Oil Refinery Jetty – ORJ1;(j) BP Oil Refinery Jetty – ORJ2;(k) BP Oil Refinery Jetty – ORJ3;(l) HMAS Stirling, Ammunition Wharf;(m) HMAS Stirling, Diamantina Wharf;(n) HMAS Stirling, Fleet Base West Oxley;(o) HMAS Stirling, Parkes Wharf;(p) Inner Harbour Berth 1;(q) Inner Harbour Berth 2;(r) Inner Harbour Berth 11;(s) Inner Harbour Berth 12;(t) Inner Harbour CT1;(u) Inner Harbour CT2;(v) Inner Harbour CT3;(w) Inner Harbour CT4;(x) Inner Harbour E Berth;(y) Inner Harbour G Berth;(z) Inner Harbour H Berth;(za) Inner Harbour J Berth;(zb) Kwinana Grain Terminal Jetty;(zc) Outer Harbour – KBB2;(zd) Outer Harbour – KBB3;(ze) Outer Harbour – KBB4

Note: A vessel that has arrived at Port of Fremantle must be brought to a biosecurity entry point for the vessel at that port as soon as practicable (see section 246 of the Act).

8Biosecurity entry points—goods#

Each area of Port of Fremantle specified in column 2 of an item of the following table is designated as a biosecurity entry point for goods, or goods included in a class of goods, specified in column 1 of the item.

Biosecurity entry points—goods
Item	Column 1Goods	Column 2Areas
1	All of the following:(a) non-commercial vessel baggage;(b) non-commercial vessel waste	Fremantle Sailing Club
2	Baggage carried on a vessel other than a non-commercial vessel or a passenger vessel	The following areas:(a) Alcoa Berth 1;(b) Alcoa Berth 2;(c) Australian Marine Complex Berth 1,(d) Australian Marine Complex Berth 2;(e) Australian Marine Complex Berth 3;(f) Australian Marine Complex Berth 4;(g) Australian Marine Complex Berth 5;(h) Australian Marine Complex Berth 6;(i) BP Oil Refinery Jetty – ORJ1;(j) BP Oil Refinery Jetty – ORJ2;(k) BP Oil Refinery Jetty – ORJ3;(l) HMAS Stirling, Ammunition Wharf;(m) HMAS Stirling, Diamantina Wharf;(n) HMAS Stirling, Fleet Base West Oxley;(o) HMAS Stirling, Parkes Wharf;(p) Inner Harbour Berth 1;(q) Inner Harbour Berth 11;(r) Inner Harbour Berth 12;(s) Inner Harbour Berth 2;(t) Inner Harbour CT1;(u) Inner Harbour CT2;(v) Inner Harbour CT3;(w) Inner Harbour CT4;(x) Inner Harbour E Berth;(y) Inner Harbour F Berth – Fremantle Passenger Terminal;(z) Inner Harbour G Berth;(za) Inner Harbour H Berth;(zb) Inner Harbour J Berth;(zc) Kwinana Grain Terminal Jetty;(zd) Outer Harbour – KBB2;(ze) Outer Harbour – KBB3;(zf) Outer Harbour – KBB4
3	Freight containers	The following areas:(a) Inner Harbour CT1;(b) Inner Harbour CT2;(c) Inner Harbour CT3;(d) Inner Harbour CT4
4	General goods	The following areas:(a) Australian Marine Complex Berth 1;(b) Australian Marine Complex Berth 2;(c) Australian Marine Complex Berth 3;(d) Australian Marine Complex Berth 4;(e) Australian Marine Complex Berth 5;(f) Australian Marine Complex Berth 6;(g) HMAS Stirling, Ammunition Wharf;(h) HMAS Stirling, Diamantina Wharf;(i) HMAS Stirling, Fleet Base West Oxley;(j) HMAS Stirling, Parkes Wharf;(k) Inner Harbour Berth 1;(l) Inner Harbour Berth 2;(m) Inner Harbour Berth 11;(n) Inner Harbour Berth 12;(o) Inner Harbour CT1;(p) Inner Harbour CT2;(q) Inner Harbour CT3;(r) Inner Harbour CT4;(s) Inner Harbour E Berth;(t) Inner Harbour G Berth;(u) Inner Harbour H Berth;(v) Inner Harbour J Berth;(w) Outer Harbour – KBB2;(x) Outer Harbour – KBB3;(y) Outer Harbour – KBB4
5	Inorganic bulk goods	The following areas:(a) Alcoa Berth 1;(b) Alcoa Berth 2;(c) Australian Marine Complex Berth 1,(d) Australian Marine Complex Berth 2;(e) Australian Marine Complex Berth 3;(f) Australian Marine Complex Berth 4;(g) Australian Marine Complex Berth 5;(h) Australian Marine Complex Berth 6;(i) BP Oil Refinery Jetty – ORJ1;(j) BP Oil Refinery Jetty – ORJ2;(k) BP Oil Refinery Jetty – ORJ3;(l) HMAS Stirling, Ammunition Wharf;(m) HMAS Stirling, Diamantina Wharf;(n) HMAS Stirling, Fleet Base West Oxley;(o) HMAS Stirling, Parkes Wharf;(p) Inner Harbour Berth 1;(q) Inner Harbour Berth 2;(r) Inner Harbour Berth 11;(s) Inner Harbour Berth 12;(t) Inner Harbour CT1;(u) Inner Harbour CT2;(v) Inner Harbour CT3;(w) Inner Harbour CT4;(x) Inner Harbour E Berth;(y) Inner Harbour G Berth;(z) Inner Harbour H Berth;(za) Inner Harbour J Berth;(zb) Outer Harbour – KBB2;(zc) Outer Harbour – KBB3;(zd) Outer Harbour – KBB4
6	Passenger vessel baggage	Inner Harbour F Berth – Fremantle Passenger Terminal
7	Waste	The following areas:(a) Australian Marine Complex Berth 1;(b) Australian Marine Complex Berth 2;(c) Australian Marine Complex Berth 3;(d) Australian Marine Complex Berth 4;(e) Australian Marine Complex Berth 5;(f) Australian Marine Complex Berth 6;(g) BP Oil Refinery Jetty – ORJ1;(h) BP Oil Refinery Jetty – ORJ2;(i) BP Oil Refinery Jetty – ORJ3;(j) HMAS Stirling, Ammunition Wharf;(k) HMAS Stirling, Diamantina Wharf;(l) HMAS Stirling, Fleet Base West Oxley;(m) HMAS Stirling, Parkes Wharf;(n) Inner Harbour Berth 1;(o) Inner Harbour Berth 2;(p) Inner Harbour Berth 11;(q) Inner Harbour Berth 12;(r) Inner Harbour CT1;(s) Inner Harbour CT2;(t) Inner Harbour CT3;(u) Inner Harbour CT4;(v) Inner Harbour E Berth;(w) Inner Harbour F Berth – Fremantle Passenger Terminal;(x) Inner Harbour G Berth;(y) Inner Harbour H Berth;(z) Inner Harbour J Berth(za) Kwinana Grain Terminal Jetty(zb) Outer Harbour – KBB2(zc) Outer Harbour – KBB3(zd) Outer Harbour – KBB4

Note: If a vessel has arrived at Port of Fremantle and is carrying goods that are to be unloaded from the vessel, those goods must be brought to a biosecurity entry point for those goods as soon as practicable (see section 147 of the Act).

Part 4 · Conditions

9Conditions—notifying Agriculture Department of changes#

(1)The determination of Port of Fremantle as a first point of entry by this instrument is subject to the conditions in this section.

(2)If the owner (or, if there is more than one owner, an owner) of Port of Fremantle becomes aware that there has been, or will be, a change to the business entity operating:

(a)Port of Fremantle; or

(b)a biosecurity entry point at Port of Fremantle;

the owner (or, if there is more than one owner, an owner) must give the Agriculture Department, in writing, notice of the change as soon as practicable after becoming aware that the change has occurred or will occur.

(3)If the lessee (if any) (or, if there is more than one lessee, a lessee) of Port of Fremantle becomes aware that there has been, or will be, a change to the business entity operating:

(a)Port of Fremantle; or

(b)a biosecurity entry point at Port of Fremantle;

the lessee (or, if there is more than one lessee, a lessee) must give the Agriculture Department, in writing, notice of the change as soon as practicable after becoming aware that the change has occurred or will occur.

(4)If a person or body that is responsible for carrying out operations at Port of Fremantle proposes to make a change referred to in subsection (5), the person or body must give the Agriculture Department, in writing, reasonable notice of the proposed change.

(5)For the purposes of subsection (4), the changes are as follows:

(a)a change to the procedures at Port of Fremantle providing for biosecurity measures to be taken to manage the level of biosecurity risk associated with operations carried out at Port of Fremantle;

(b)a change to the facilities or amenities available at Port of Fremantle for biosecurity officials and human biosecurity officers to perform functions or exercise powers under the Act at Port of Fremantle;

(c)a change to the procedures at Port of Fremantle that may affect the ability of a person who carries out operations at Port of Fremantle to identify biosecurity risks associated with those operations;

(d)a change to the procedures at Port of Fremantle that may affect the ability for biosecurity officials or human biosecurity officials to be informed of any identified biosecurity risks associated with operations carried out at Port of Fremantle;

(e)a change to the procedures at Port of Fremantle for managing any other factors that may contribute to, or affect, the level of biosecurity risk associated with operations carried out at Port of Fremantle.

Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.