Enzootic Diseases Regulations 1970

 

Enzootic Diseases Regulations 1970

CONTENTS

Part 1 — Preliminary

1.Citation1

4.Interpretation1

Part 2 — General provisions for the eradication and control of enzootic diseases

5.Notification by owner where stock infected6

6.Notification by others7

6A.Entry by inspector7

6B.Examination by inspector7

7.Inspector may demand information7

8.Mustering for inspection8

9.Compliance with requirements of inspectors8

10.Notices as to quarantine and other areas9

11.Quarantining of stock9

11AA.Application of quarantine provisions to pearl oysters11

11A.Directions by inspector as to quarantined stock12

11B.Directions to move quarantined stock13

12.Directions by inspector13

13.Removal of stock from quarantine14

14.Contact with stock in quarantine15

15.No liability for stock loss15

16.Owner to pay expenses15

17.Prohibition of sale or exhibition16

18.Destruction of stock16

19.Branding16

20.Sale or exhibition of diseased stock17

21.Disinfection17

22.Restrictions on inoculations18

23.Wilful communication of diseases18

24.Testing with biological products18

26.Restrictions as to testing for disease18

27.Removal of animals from abattoir19

27A.Removal after vaccination against anthrax19

27B.Quarantining of assembled stock19

Part 3 — Issue of health certificates, etc., for stock for export

28.Issue of certificate of health21

Part 4 — Introduction of stock from other parts of the Commonwealth

29.Restrictions on movement into the State22

30.Detention22

31.Inspection23

32.Quarantining24

33.Stock on adjoining land24

34.False or misleading certificates25

Part 5 — Intrastate movement of stock

Division 1 — General

34A.Compliance with conditions on movement26

Division 2 — Intrastate movement of stock by sea

35.Vessel to be certified as suitable27

36.Cleaning of certain parts of vessel28

37.Movement of things between vessels28

38.Cleaning of certain vessels at Fremantle29

39.Liability for expense of cleaning29

39A.Carriage of cattle from inside and outside a tick infected area29

40.Offences29

Part 6 — Cattle tick

41.Declaration of areas by Minister30

42.Owner liable for expense of treatment30

43.Restriction on movement of conveyances from tick infected area30

49.Offences31

Part 7 — Tuberculosis of cattle

55.Interpretation32

56.Declaration of areas by Minister32

57.Declaration of accredited tuberculosis free herd32

58.Approval to carry out tuberculin tests33

59.Procedure where diagnosis gives positive result34

60.Charges for tuberculin tests34

Part 8 — Brucellosis of cattle

65.Interpretation35

66.Declaration of areas by Minister35

67.Duties of owners of bovine animals36

68.Declaration of accredited brucellosis free herd36

69.Declaration of certified brucellosis free herd37

70.Declaration of herd as brucellosis controlled38

71.Revocation of declarations38

72.Declaration of compulsory brucellosis vaccination areas38

73.Approval to carry out vaccinations39

74.Inoculation with Strain 19 vaccine39

75.Vaccinated cattle to be identified39

Part 8A — NLIS devices

76.Interpretation41

77.NLIS device41

78.Manufacture and sale of NLIS devices generally42

78A.Sale of NLIS devices by approved manufacturers42

78B.Sale of NLIS devices by persons except approved manufacturers44

78C.NLIS database44

78D.Applying an NLIS device45

78E.Unapplied NLIS devices to be returned or given up46

78F.Removal, damage and replacement of NLIS devices46

78G.False representation that something is an NLIS device47

78H.Responsibilities of owners and purchasers48

78I.Responsibilities of non‑farming property operators49

78J.Responsibilities of saleyard operators49

78K.Responsibilities of abattoir operators51

78L.Responsibilities of export depot operators52

78M.NLIS devices on animals that die while being moved to another property53

Part 9 — Cattle or buffalo identification

79.Interpretation54

80.Responsibilities of owners54

81.Responsibilities of purchasers56

82.Responsibilities of drovers or carriers56

83.Responsibilities of holding yard operators57

84.Responsibilities of saleyard operators57

85.Responsibilities of abattoir operators59

85A.Responsibilities of export depot operators62

Part 10 — Footrot

86.Duties of owners of sheep or goats with footrot66

88.Powers of inspectors66

Part 11 — Lice and keds

90.Meaning of “ked” and “lice”67

91.Meaning of “infected area” and “protected area”67

92.Declaration of infected area or protected area67

99A.Requirements as to wool68

Part 11A — Domestic chickens

99B.Vaccinations of domestic chickens against non‑virulent Newcastle disease69

99C.Records of vaccinations of domestic chickens69

99D.Testing of domestic chickens69

Part 12 — Pearl oysters

100.Interpretation71

101.Importation and transportation of pearl oysters72

102.Samples of spat to be preserved72

103.When certificate of health is required73

104.Sampling for disease testing74

105.Genetic testing75

106.Certificates of health76

107.Method of disease testing77

108.Where certificate of health is not issued77

109.Pathologist to notify inspector78

110.More than one batch on a quarantine site79

111.Removal of spat from quarantine site79

Part 13 — Offences

115.General offence and penalty81

116.False statement or hindrance of inspector81

117.Interference with objects of identification81

Schedule 1 — Enzootic diseases

Division 1 — Diseases foreign to Australia that, if identified, are subject to control measures

Subdivision 1 — Animal diseases

Subdivision 2 — Crustacean diseases

Subdivision 3 — Fish diseases

Subdivision 4 — Mollusc diseases

Division 2 — Diseases not foreign to Australia that, if identified, are subject to control measures

Subdivision 1 — Animal diseases

Subdivision 2 — Fish diseases

Division 3 — Diseases present only in the Kimberley

Division 4 — Diseases that, if identified, might be subject to control measures

Subdivision 1 — Animal diseases

Subdivision 2 — Crustacean diseases

Subdivision 3 — Fish diseases

Subdivision 4 — Mollusc diseases

Division 5 — Diseases that are subject to control measures in extreme cases

Schedule 2 — Restrictions on introduction of stock from other parts of the Commonwealth

Division 1 — General

1.Notification of arrival89

1A.Stock excludes poultry89

2.Inspection before movement89

3.Stopping places90

4.Vehicle to be clean90

5.Separate movement90

6.Stock to be in general good health90

7.Certificate to be furnished90

Division 2 — Cattle not for immediate slaughter

8.Liver fluke91

9.Further treatment on entry to the State91

9A.Dairy cattle92

10.Ephemeral fever93

11.Trichomoniasis93

12.Johne’s Disease93

13.Tuberculosis status93

14.Brucellosis94

15.Identification97

16.Prior approval for pregnant cattle97

17.Cattle tick97

Division 3 — Sheep and goats not for immediate slaughter

18.Residence on property of origin98

19.Property of origin98

19A.Precautions98

20.Footrot99

21.Liver fluke99

22.Lice and keds100

23.Ovine brucellosis100

24.Johne’s Disease100

24A.Johne’s Disease of goats101

24B.Caprine arthritis‑encephalitis101

25.Identification of sheep and goats101

Division 4 — Cattle and sheep for immediate slaughter

26.Cattle for immediate slaughter — brucellosis101

27.Cattle for immediate slaughter — tuberculosis101

28.Sheep and cattle102

29.Cattle and sheep to be identifiable102

Division 5 — Swine

30.Swine brucellosis103

Division 6 — Deer

33.Liver fluke103

34.Tuberculosis and brucellosis104

Division 7 — Pearl oysters

35.Pearl oysters104

Division 8 — Semen and embryos

36.Semen105

37.Embryos105

Schedule 3 — Forms

Schedule 4 — Charges

Schedule 5 — Prohibitions and conditions relating to the intrastate movement of stock

Division 1 — Preliminary

Subdivision 1 — Interpretation

Subdivision 2 — Cattle not for immediate slaughter

Subdivision 3 — Cattle for immediate slaughter

Subdivision 4 — Sheep

Subdivision 5 — Horses, mules, donkeys, camels, deer

Division 2 — Conditions

Subdivision 1 — Interpretation

Subdivision 2 — General

Subdivision 3 — Brucellosis

Subdivision 4 — Tuberculosis

Subdivision 5 — Cattle tick

Subdivision 6 — Lice and keds

Notes

Compilation table128

 

Stock Diseases (Regulations) Act 1968

Enzootic Diseases Regulations 1970

Part 1  Preliminary

1.Citation

These regulations may be cited as the Enzootic Diseases Regulations 1970 1.

[2.Repealed in Gazette 6 Jan 1998 p. 33.]

[3.Omitted under Reprints Act 1984 s. 7(4)(f).]

4.Interpretation

In these regulations unless the context requires otherwise — 

abattoir includes a pet food processing plant;

animal product means any uncooked edible product, and any unwrought inedible product derived from animals or the semen of any stock;

approved means approved by the Chief Inspector;

Australian vessel means any vessel plying between Australian ports only;

breeding flock means any fowls maintained upon premises where hatching eggs are produced for sale;

carcass includes any portion of a carcass and the hide, skin, hair, feathers, wool or viscera of any stock;

Chief Inspector means the Chief Inspector of Stock appointed under the Act and includes any person who is for the time being discharging the duties of the office of Chief Inspector of Stock;

conveyance means a vehicle propelled by any means whatsoever and capable of being used for transportation, and includes an aircraft, a vessel, a vehicle used on a railway, and a trailer or semi‑trailer drawn by a vehicle;

corresponding authority, in relation to another State or a Territory, means the person who has powers and functions under a law of the State or Territory corresponding to the powers and functions of the Chief Inspector;

destroy means to entirely consume by fire or to bury in the ground at a depth of not less than 183 cms;

dip means to plunge or immerse, until completely saturated, in an approved preparation for the destruction of ectoparasites, and the words dipped and dipping have corresponding meanings;

disease means a disease that is specified in Schedule 1 or a disease that is not identified but appears not to be an exotic disease, and a reference to disease includes a reference to — 

(a)the presence of signs of disease;

(b)the presence of the causative agent of disease;

(c)test results consistent with the presence of disease or the presence of the causative agent of disease; and

(d)other evidence of disease,

and diseased has a corresponding meaning;

disinfect means to expose to a disinfectant;

disinfectant means an approved agent or preparation capable of destroying pathogenic organisms;

ectoparasites means ticks, lice, or buffalo flies;

embryo means an embryo of any stock;

export, in relation to stock, means to export live stock overseas;

export depot means any non‑farming property where stock is kept for export;

form means a form set out in Schedule 3;

hatchery means premises on or in which chickens or turkeys are produced for sale, and includes poultry, incubators, plant, equipment and fittings used in, about, or in connection with, the production of chickens or turkeys;

holding yard means a non‑farming property except a saleyard, abattoir or export depot;

horse includes a mule and a donkey;

lairage means the area within an abattoir where stock are held immediately prior to slaughter;

litter means any straw or other bedding, or any manure or other excreta with which stock has been in direct or indirect contact;

NLIS database means the electronic database maintained under regulation 78C;

NLIS device has the meaning given to that term in regulation 77;

NLIS post breeder device, in relation to an animal, means an NLIS device that is, or is to be, applied under these regulations to the animal on a property except the animal’s property of birth;

non‑farming property means a property where stock is kept by a person to whom section 13 of the Stock (Identification and Movement) Act 1970 does not apply;

operator, in relation to a property includes —

(a)a person who is the agent of the operator; or

(b)any other person who is in possession or in charge of stock, or otherwise has control or management of stock, on the property;

owner, in relation to stock, includes a person who is the agent of an owner, consignee (whether joint or sole) or a person who is in possession or in charge of stock or otherwise has the control or management of the stock;

PIC means a property identification code specified in the register in relation to a property;

port means a place proclaimed to be a port under the Shipping and Pilotage Act 1967;

poultry means all fowls and includes bantams, ducks, geese, turkeys, Guinea fowl, pheasants, chickens, eggs for hatching purposes, poultry products and the carcass of any poultry;

property means any land or collection of lands constituting or worked as one parcel of land —

(a)that is a run as defined in section 5 of the Stock (Identification and Movement) Act 1970; or

(b)on which stock is otherwise kept;

quarantine area means an area which, by these regulations or by a notice published in the Government Gazette, is declared to be a quarantine area;

quarantined animal means an animal that is the subject of an order under regulation 11;

register means the register of brands and earmarks kept under section 20 of the Stock (Identification and Movement) Act 1970;

registered means entered in the register;

saleyard means a property where stock is sold by public auction;

sell means to sell by wholesale or retail and includes to barter or to otherwise dispose of, offer for sale, have in possession for sale, expose for sale, send forward or deliver for sale, cause or suffer or allow to be sold, offered or exposed for sale; and the words sale and sold have corresponding meanings;

semen means semen of any stock;

shower spray means a power operated shower spray of an approved type;

spray means to thoroughly saturate by shower spray with an approved preparation for the destruction of ectoparasites; and the words sprayed and spraying have corresponding meanings;

travelling stock means all stock, including working stock, that is not on the land on which the stock is ordinarily kept or de‑pastured;

update the NLIS database, in relation to an NLIS device, means to update information on the database in relation to that device in accordance with regulation 78C(4);

vessel includes any ship, boat, barge, punt, pontoon, lighter or other vessel used in navigation, however propelled.

[Regulation 4 amended in Gazette 20 May 1971 p. 1721; 18 Feb 1977 p. 531; 8 Aug 1986 p. 2871; 4 Mar 1997 p. 1356; 13 Nov 1998 p. 6201; 10 Dec 2002 p. 5744; 14 Jun 2005 p. 2587 and 2597‑8.]

Part 2  General provisions for the eradication and control of enzootic diseases

5.Notification by owner where stock infected

(1)Subject to subregulation (2), a person who owns in any part of the State stock that is infected by or is suspected by him to be infected by any disease specified in Schedule 1 Division 1, 2, 3 or 4 shall — 

(a)within the period of 24 hours from the time he first discovers the stock to be so affected or he first suspects the stock to be so affected, notify, by the quickest practicable means, the inspector who is normally located nearest to the place where the affected stock is kept, and give to the inspector, a description of the stock, the number thereof and the place where the stock may be located; and

(b)forthwith on his discovering that the stock is so affected or on his suspecting that the stock is affected or suspected to be affected take all such steps that are necessary so as to prevent the stock from coming into contact with stock belonging to other persons,

and any owner of stock who fails to carry out the provisions of this regulation is guilty of an offence.

Penalty:

Minimum — $100.

Maximum — $1 000.

(2)Subregulation (1) does not apply to or in relation to the existence of a disease specified in Schedule 1 Division 3 in any part of the State declared to be an infected area under regulation 41.

[Regulation 5 inserted in Gazette 18 Feb 1977 p. 531‑2; amended in Gazette 19 Dec 1986 p. 4941; 7 Aug 1987 p. 3126; 16 Oct 1987 p. 3924; 4 Mar 1997 p. 1356; 14 Jun 2005 p. 2588.]

6.Notification by others

A person who is consulted regarding stock, or who examines any stock and from that consultation or examination believes or suspects the stock to be affected by a disease specified in Schedule 1 Division 1, 2, 3 or 4, shall take such steps to comply with regulation 5(1)(a) as if he were the owner of that stock.

[Regulation 6 inserted in Gazette 3 Oct 1975 p. 3813; amended in Gazette 18 Feb 1977 p. 532; 4 Mar 1997 p. 1356‑7; 14 Jun 2005 p. 2588.]

6A.Entry by inspector

Where an inspector has reasonable grounds to suspect that a potential carrier of any disease is present in or on any premises, he may enter those premises, at all reasonable hours, in order to ascertain whether or not such a potential carrier is so present and is infected.

[Regulation 6A inserted in Gazette 20 Aug 1982 p. 3362.]

6B.Examination by inspector

(1)Where an inspector has reasonable grounds to suspect that any potential carrier is infected by disease he may request the owner or person in charge of that potential carrier to submit it for inspection or testing, or for both, by him or by another inspector.

(2)A person to whom such a request is made shall comply with it.

Penalty: $1 000.

[Regulation 6B inserted in Gazette 20 Aug 1982 p. 3362; amended in Gazette 7 Aug 1987 p. 3126.]

7.Inspector may demand information

(1)An inspector may, on receiving a notification pursuant to regulation 5 or 6, or on having other reasonable grounds to suspect that disease exists or has existed in relation to stock in any place within the State, require persons concerned in or having the charge, control or management of the stock so affected to give him such information as is within their knowledge relating to that stock as he considers necessary.

(2)A person who refuses or neglects to supply to an inspector, information as required by these regulations, or who knowingly furnishes information which is false, is liable to a fine not exceeding $400.

8.Mustering for inspection

(1)An inspector who wishes to inspect or test any stock may require the owner of the stock to muster the stock in a place, yard or crush, as he directs for that purpose or those purposes.

(2)An owner, when so required by an inspector pursuant to subregulation (1), shall forthwith — 

(a)muster his stock in such place, yard or crush as directed by the inspector; and

(b)provide such facilities for the mustering, inspection or testing of his stock as the inspector may require.

(3)Where an owner refuses or fails to comply with subregulation (2), or where the inspector is not satisfied that all of the stock required by him to be mustered has been so mustered, the inspector may arrange for the stock to be mustered, and for that purpose he may employ such assistance and provide such facilities as he thinks necessary.

9.Compliance with requirements of inspectors

(1)Any person receiving a request or direction from an inspector given under these regulations shall, with due despatch, give effect to and carry out the request or direction.

(2)Where any person fails or neglects to give effect to or carry out any request so made, or any direction so given, by an inspector, that requisition or direction may be given effect to and carried out by the inspector at the owner’s expense, and the expense incurred may be recovered in any competent court by and in the name of the inspector.

(3)Where information or documents in the possession or power of any person is required by an inspector under these regulations and asked for by him, the information or document shall without delay be given by that person to the inspector.

10.Notices as to quarantine and other areas

The Minister may, by notice in the Government Gazette, constitute and declare any portion of the State to be a quarantine area, infected area, protected area or free area for the purposes of these regulations and by subsequent notice in the Government Gazette alter and revoke those areas.

11.Quarantining of stock

(1)Subject to this regulation, an inspector has power, with respect to stock or land not then declared to be in quarantine — 

(a)where the stock is not travelling stock, to serve on the owner of the stock or on the owner of the land on which the stock is situated, a notice in the form of Form No. 1 declaring the stock and the land specified in the notice to be in quarantine; or

(b)where the stock is travelling stock, to serve on the person who appears to be in charge of the stock a notice declaring the stock to be in quarantine and directing that person either to hold the stock or move the stock directly to a place of quarantine nominated by the inspector and there to hold the stock until it is released from quarantine or until he is subsequently directed otherwise by an inspector,

and where an inspector serves a notice under paragraph (a) or (b), he shall forthwith give notice thereof to the Chief Inspector.

(1a)An inspector — 

(a)shall exercise the power in subregulation (1) if he is of the opinion, whether because of his own examination or because of a report by another inspector, a veterinary surgeon or any other person who has been consulted regarding the stock or land in question, that a disease specified in Schedule 1 Division 1, 2 or 3 exists among that stock or on that land;

(b)may exercise the power in subregulation (1) if he is of the opinion, whether because of his own examination or because of a report from any source, whether a person consulted regarding the stock or land in question or otherwise, that a disease specified in Schedule 1 Division 1, 2 or 3 may exist, or a disease specified in Schedule 1 Division 4 or 5 does exist, among that stock or on that land; and

(c)may, with the prior approval of the Chief Inspector, exercise the power in subregulation (1) in relation to a disease that — 

(i)affects the stock in question or is suspected by the inspector of affecting that stock or of existing on the land in question; and

(ii)having been investigated by a veterinary surgeon, is not identified but appears not to be an exotic disease.

(1b)An inspector shall not exercise the power in subregulation (1) in relation to the existence or suspected existence, as the case may require, of a disease specified in Schedule 1 Division 3 among any stock, or on any land, in any part of the State declared to be an infected area under regulation 41.

(2)The Chief Inspector may, on receipt of a notice of a declaration under subregulation (1)(a) or (b), cause particulars of the declaration to be published in the Government Gazette and in any newspaper circulating in the district in which stock or land affected by the declaration is kept or situated.

(2a)The Chief Inspector may, for the purpose of assisting the eradication or control of disease, disclose the disease status of stock and whether or not a property is under quarantine.

(3)An inspector may, at any time he considers it is safe to do so, having regard to the control of disease within the State, release from quarantine any stock or land and thereupon he shall give notice of the release to the owner thereof in the form of Form No. 2.

(4)Any stock, howsoever coming upon land during the period that the land is declared to be in quarantine, shall thereupon be subject to these regulations as if that stock were the subject of a declaration under subregulation (1) or (1a).

[Regulation 11 amended in Gazette 3 Oct 1975 p. 3813‑4; 18 Feb 1977 p. 532; 22 Aug 1986 p. 3009; 19 Dec 1986 p. 4942; 16 Oct 1987 p. 3924; 4 Mar 1997 p. 1357; 14 Jun 2005 p. 2588.]

11AA.Application of quarantine provisions to pearl oysters

(1)For the purpose of applying regulations 11 to 15 in relation to pearl oysters —

(a)a reference in any of those regulations to land is to be read as including a reference to an area of water; and

(b)a reference in any of those regulations to the owner of land is to be read as a reference to —

(i)in the case of an area of water that is part of a pearl oyster farm, the holder of the farm lease; or

(ii)in the case of an area of water that is a holding site or dump, to the licensee or permit holder using the holding site or dump.

(2)In subregulation (1) the following words have the meanings they have under the Pearling Act 1990 —

 

dump

pearl oyster

farm lease

pearl oyster farm

holding site

permit holder.

licensee

 

[Regulation 11AA inserted in Gazette 17 Dec 1999 p. 6177.]

11A.Directions by inspector as to quarantined stock

(1)The owner of any stock which is the subject of a declaration given under regulation 11 may be directed by an inspector — 

(a)to muster, keep confined and present for treatment in a manner specified in the direction, any animals which the inspector believes, on reasonable grounds — 

(i)are or may be potential carriers or in contact with a potential carrier; or

(ii)have been or may have been in contact with a potential carrier;

(b)to treat the animals in a manner specified in the direction;

(c)to allow the animals to be so treated by a person authorised in writing by the inspector;

(d)not to treat the animals in any manner, or in a manner specified in the direction, that may conceal any sign of disease in the animals; and

(e)to provide such facilities as the inspector reasonably considers necessary in connection with the treatment of the animals.

(2)An inspector who gives a direction under subregulation (1) may require the person given the direction to provide to the inspector — 

(a)any information specified by the inspector as to the treatment of the animals; and

(b)within 7 days after the animals have been treated, a written and signed statement as to the matters specified in the direction.

(3)Where an owner of stock refuses or fails to comply with a direction given to him by an inspector under subregulation (1), or where the inspector is not satisfied that such a direction has been complied with, or fully complied with, the inspector may arrange for the animals to which the direction applies to be mustered and treated in compliance with the direction, and for that purpose he may employ any assistance and provide any facilities he believes are necessary.

[Regulation 11A inserted in Gazette 4 Mar 1997 p. 1357‑8.]

11B.Directions to move quarantined stock

An inspector may direct the owner of any quarantined animal that is a potential carrier to do any or all of the following —

(a)to move the animal from any part of the land where it is located to any other part of the land;

(b)to move the animal from the land where it is located to other land nominated by the inspector;

(c)to keep the animal separate from any other animal;

(d)to keep the animal from entering any land nominated by the inspector.

[Regulation 11B inserted in Gazette 13 Nov 1998 p. 6201‑2.]

12.Directions by inspector

(1)The owner of any stock which is the subject of a declaration given under regulation 11 may be directed by an inspector to draft and isolate from that stock all animals which are infected or which the inspector believes, on reasonable grounds, are infected with a disease of a type which would empower the inspector to make a declaration under regulation 11 and to keep those animals isolated from all other stock by confining them to an area or place to which other stock are unable to enter or stray — 

(a)specified by the inspector; or

(b)where the inspector has not specified the area or place, an area or place chosen by the owner on the land declared to be in quarantine or in the place of quarantine specified in the declaration,

until they are released from quarantine under regulation 11(3).

(1a)Where an owner refuses or fails to comply with a direction given to him by an inspector under subregulation (1), or where the inspector is not satisfied that such a direction has been complied with, or fully complied with, the inspector may arrange for the animals to be mustered and moved to an area or place in compliance with the direction and for that purpose he may employ any assistance and provide any facilities he believes are necessary.

(2)An inspector may prohibit the use of any product obtained from diseased stock.

[Regulation 12 amended in Gazette 16 Oct 1987 p. 3923‑4.]

13.Removal of stock from quarantine

(1)A person shall not remove any stock or any animal product from any land that, at the time of removal, is declared to be in quarantine unless he is the holder of a permit in the form of Form No. 3 issued by an inspector in relation to that stock or animal product.

Penalty:

Minimum — $100.

Maximum — $1 000.

(2)A permit issued pursuant to subregulation (1) may, at any time before the removal of the stock or animal product, be cancelled or suspended by the Chief Inspector who shall thereupon serve notice of the cancellation or suspension upon the permittee.

[Regulation 13 amended in Gazette 7 Aug 1987 p. 3127.]

14.Contact with stock in quarantine

A person shall not handle, touch, or otherwise come into contact with, stock that is in quarantine, without the express permission of an inspector, and then only to the extent specified or authorised by the inspector or Chief Inspector.

15.No liability for stock loss

(1)Subject to any Act relating to the payment of compensation for the loss or destruction of stock, any loss sustained in respect of any stock whilst being in quarantine whether by accident or sickness arising from natural causes or contracted from other stock, or by the destruction or detention or quarantine of such stock to prevent the spread of disease, shall be borne by the owner of such stock and the owner shall have no claim whatever for compensation for any such loss nor for any loss sustained by him through the carrying out or enforcement of these regulations.

(2)An inspector shall not be liable for any loss or damage occasioned to any owner by any act of that inspector, unless the damage is occasioned by his wilful neglect or fault.

16.Owner to pay expenses

(1)The owner of any stock shall pay all expenses connected with the inspection, transporting, quarantining, housing, sustenance, disinfecting, shearing, dipping, spraying, dressing or veterinary or other treatment of such stock pursuant to these regulations, until they are as the case may be, released from detention or quarantine, transhipped, or destroyed and the expenses for transit, inspection, dipping and spraying shall be calculated on the whole number of stock, and where there are more owners than one, each owner shall pay a proportionate share thereof.

(2)Any expenses referred to in subregulation (1) may be recovered by an inspector or the Chief Inspector in a court of competent jurisdiction as a debt due to the inspector or Chief Inspector.

17.Prohibition of sale or exhibition

Where the Chief Inspector, at any time, considers it necessary for the prevention or control of the spread of disease in the State, he may — 

(a)prohibit, in any district or place, the holding of any exhibition or sale of stock;

(b)specify conditions under which the holding of any exhibition or sale of stock may take place; or

(c)require any stock that is being sold for slaughter in any abattoir to carry a mark or tag of a kind that he may specify designating the property of origin of the stock.

18.Destruction of stock

(1)The Chief Inspector may, in respect of stock that is suffering from disease or that has been in contact with stock so suffering, direct, by notice in writing in the form of Form No. 4 served upon the owner, that the stock specified in the notice shall be destroyed and the carcass dealt with as so specified.

(2)Stock that is directed to be destroyed shall be destroyed in the manner specified in the notice or as an inspector may personally direct.

(3)The carcasses of stock directed to be destroyed on account of infestation with cutaneous myiasis (infestation with the larvae of maggot flies) shall be destroyed by burning or burying.

19.Branding

Where an inspector suspects any stock to be suffering from a disease, he may brand the stock on the rump with a broad arrow, either by a fire brand or a paint brand.

20.Sale or exhibition of diseased stock

(1)In this regulation — 

diseased stock means stock, or an animal product, which, in the opinion of the inspector concerned, is or may be affected by an enzootic disease, whether or not the disease is specified in Schedule 1.

(2)If an inspector considers that it is necessary for the prevention or control of disease in stock, the inspector may — 

(a)prohibit the sale of diseased stock or require compliance with any condition imposed by the inspector in relation to the sale of diseased stock;

(b)direct diseased stock to be withdrawn from sale;

(c)direct that diseased stock that is for sale be moved to a place specified in the direction;

(d)mark, or require the marking of, diseased stock that is for sale; or

(e)where diseased stock intended for slaughter is for sale, require the immediate slaughter of the stock.

(3)An owner of stock who refuses, neglects or fails to comply with a prohibition, direction or requirement that applies to the stock under subregulation (2) commits an offence.

Penalty: $1 000.

[Regulation 20 inserted in Gazette 4 Mar 1997 p. 1358; amended in Gazette 14 Jun 2005 p. 2588.]

21.Disinfection

An inspector may require an owner of any premises, shed, yard, conveyance, vehicle, vessel or thing in, or on which, any stock that is affected by disease, or is suspected to be so affected, has been, or is, kept or with which that stock may have come into contact, to thoroughly cleanse and disinfect, under the supervision or to the satisfaction of the inspector, any such premises, shed, yard, conveyance, vehicle, vessel or thing.

22.Restrictions on inoculations

(1)A person shall not inoculate or cause to be inoculated, any animal with any preparation containing live disease producing organisms without the prior consent of the Chief Inspector.

(2)The Chief Inspector may, at any time he considers it necessary in the interests of the control of disease, prohibit any person from inoculating any animal with sera or vaccines.

23.Wilful communication of diseases

(1)Subject to subregulation (2), a person shall not wilfully communicate, or cause to be communicated, any disease to any stock.

(2)The provisions of subregulation (1) do not apply to a person who communicates disease to stock for scientific purposes, if he has first obtained the written consent of the Chief Inspector thereto.

24.Testing with biological products

A person who is not a veterinary surgeon registered under the Veterinary Surgeons Act 1960, shall not submit any stock to any test involving the use of a biological product.

[25.Repealed in Gazette 30 Jun 1989 p. 1994.]

26.Restrictions as to testing for disease

(1)In subregulations (2) and (3) — 

laboratory means — 

(a)an establishment which is not under the control of a veterinary surgeon registered under the Veterinary Surgeons Act 1960, but which is routinely engaged in the examination of sick or dead animals for the purposes of making diagnoses and prescribing treatment or in the processing of animal pathological specimens; or

(b)an establishment under the control of a veterinary surgeon registered under the Veterinary Surgeons Act 1960, which uses laboratory technology methods outside of accepted clinical means for the precise diagnosis of disease.

(2)A person shall not, without the consent in writing of the Chief Inspector, establish a laboratory or use or permit the use of a laboratory under his control, for the purpose of testing or examining any stock in order to diagnose a disease by which stock might be infected.

(3)No pathological material or specimens originating from stock shall be forwarded to a laboratory located in any other State or part of the Commonwealth except with the prior written permission of the Chief Inspector.

27.Removal of animals from abattoir

A person must not move stock, or permit stock to be moved from an abattoir, or from the lairage or holding yard of an abattoir, to any other place, unless the person has a permit issued by an inspector to move the stock.

Penalty: $1 000.

[Regulation 27 inserted in Gazette 14 Jun 2005 p. 2588‑9.]

27A.Removal after vaccination against anthrax

A person shall not move or cause or permit to be moved any stock which have been vaccinated against anthrax, during the period of 42 days following the date of vaccination unless that person has first obtained the written consent of an inspector to do so.

[Regulation 27A inserted in Gazette 3 Feb 1984 p. 330.]

27B.Quarantining of assembled stock

(1)In this regulation “feedlot” means an area (which may be subdivided) where stock from one, or more than one, source are assembled and fed.

(2)Notwithstanding these regulations, stock — 

(a)in the same feedlot but assembled for export; or

(b)in the same feedlot but assembled for reasons other than export, where that assembly is likely in the opinion of an inspector, to contribute to the spread of disease,

shall be subject to quarantine under this regulation.

(3)An inspector may require the person in charge of stock which is the subject of quarantine under this regulation to comply with directions in writing relating to movements of the stock on the premises where they are assembled and movement from those premises to some other area.

(4)An inspector may require the person in charge of stock which is the subject of quarantine under this regulation to comply with directions relating to segregation and treatment of the stock within the premises where they are assembled.

[Regulation 27B inserted in Gazette 15 Nov 1985 p. 4345.]

Part 3  Issue of health certificates, etc., for stock for export

28.Issue of certificate of health

(1)Any stock intended for exportation to any place which requires imported stock to be accompanied by a health certificate may, on payment of the charge prescribed in Schedule 4 by the consignor, be examined by an inspector within 7 days of the date of export and the inspector may issue a certificate of health relating to the stock to the exporter of the stock.

(1a)Notwithstanding subregulation (1), payment of a charge prescribed in Schedule 4 for inspection of stock is not required where stock are being exported overseas and an inspection charge is payable by the consignor to the Commonwealth Government.

(2)The charges payable in any case where — 

(a)diagnostic or biological tests are performed in respect of animals intended for export; or

(b)cattle intended for export are vaccinated,

are those prescribed in Schedule 4, or, where no charge is specified, a charge reflecting the cost of providing the service.

[Regulation 28 amended in Gazette 20 Jul 1984 p. 2197; 22 Jun 1999 p. 2672‑3; 14 Jun 2005 p. 2589.]

Part 4  Introduction of stock from other parts of the Commonwealth

29.Restrictions on movement into the State

(1)The conditions, restrictions and prohibitions set out in Schedule 2 apply to and in relation to the movement of stock, semen or embryos into the State.

(2)Stock, semen or embryos shall not be moved into the State contrary to the provisions set out in Schedule 2.

(2a)Notwithstanding subregulations (1) and (2) the conditions, restrictions and prohibitions set out in Schedule 2 may be varied or substituted by the Chief Inspector, in writing.

(3)Stock shall not be moved into the State unless a certificate in the approved form relating to stock of that kind has been — 

(a)completed in accordance with the requirements set out in the certificate; and

(b)furnished to an inspector at the inspection post through which the stock are moved into the State.

[Regulation 29 inserted in Gazette 2 Nov 1984 p. 3552‑3; amended in Gazette 1 Aug 1986 p. 2772; 13 Nov 1998 p. 6202; 14 Jun 2005 p. 2589.]

30.Detention

(1)An inspector may detain, prevent the movement of, or impound stock, semen or embryos being brought into the State or that has recently been brought into the State where the bringing in of the stock, semen or embryos was not in compliance with these regulations and he may so detain, prevent the movement of, or impound the stock, semen or embryos until he is satisfied that all steps have been taken, subsequently, to comply with these regulations as far as is practicable, or until he is otherwise ordered by the Chief Inspector.

(2)An inspector may seize any stock that stray across the border into this State.

(3)The Chief Inspector may, at any time, instruct an inspector not to authorise the bringing into the State of stock and may, where an authority is issued contrary to his instruction, revoke the authority and seize the stock that may have been brought in under the authority.

[Regulation 30 inserted in Gazette 2 Nov 1984 p. 3553; amended in Gazette 13 Nov 1998 p. 6202.]

31.Inspection

(1)An owner of stock that is brought into the State from any other part of the Commonwealth shall forthwith after the stock is so brought in, present the stock or cause the stock to be presented for examination by an inspector at an inspection post, that is — 

(a)in the case of stock brought in by sea, at the port at which the stock was so brought in;

(b)in the case of stock brought in by air, at the airport or in the vicinity of the airport at which the stock was so brought in;

(c)in the case of stock brought in by land — 

(i)into the Kimberley Division of the State, at either Halls Creek or Kununurra;

(ii)along the Eyre Highway, at Norseman or if another place has been nominated by the Minister by a notice displayed at the point on the border of the State at which the stock was so brought in, at that other place;

(iii)by rail, at Parkeston.

(2)A person shall not move any stock from an inspection place at which it has been presented pursuant to subregulation (1) unless an authority in the form of Form No. 5 has been issued by an inspector authorising the moving of the stock.

(3)Except in the case of stock brought into the Kimberley Division of the State from the Northern Territory for the purpose of immediate slaughter, an owner of stock is liable to pay the charges prescribed in Schedule 4 in relation to the stock with respect to matters specified therein.

(4)An inspector shall not issue an authority in the form of Form No. 5 with respect to any stock unless he is satisfied that all the laws of the State relating to the bringing into the State of the stock have been complied with.

(5)A person acting in contravention of subregulation (1) or subregulation (2) commits an offence.

Penalty:

Minimum — $100.

Maximum — $1 000.

[Regulation 31 inserted in Gazette 2 Nov 1984 p. 3553; amended in Gazette 7 Aug 1987 p. 3127; 22 Jun 1999 p. 2673; 14 Jun 2005 p. 2589.]

32.Quarantining

The Chief Inspector may order any stock, semen or embryos that is in the course of being brought into the State to be placed in quarantine for such time and at such place as he specifies.

[Regulation 32 inserted in Gazette 2 Nov 1984 p. 3552; amended in Gazette 13 Nov 1998 p. 6202.]

33.Stock on adjoining land

Notwithstanding anything in these regulations, where an owner of land in Western Australia is also the owner of adjoining land in South Australia or the Northern Territory, the Chief Inspector may, in writing, authorise stock kept or depasturing on the adjoining land to be brought into the State for such period, not exceeding 6 months, as he specifies, but such stock shall not be allowed into the State beyond the boundaries of the land specified in the above mentioned authority unless all the requirements of these regulations relating to the bringing into the State of stock are complied with.

[Regulation 33 inserted in Gazette 2 Nov 1984 p. 3553.]

34.False or misleading certificates

A person shall not make a statement in a certificate or other document given for the purposes of this Part that is false or misleading in a material particular.

[Regulation 34 inserted in Gazette 13 Nov 1998 p. 6202.]

Part 5 — Intrastate movement of stock

[Heading inserted in Gazette 4 Feb 1977 p. 363.]

Division 1 — General

[Heading inserted in Gazette 4 Feb 1977 p. 363.]

34A.Compliance with conditions on movement

(1)In this regulation — 

cattle includes buffalo; and

column means a column of the Table in Schedule 5.

(2)Schedule 5 sets out the prohibitions and conditions (if any) applicable in relation to the intrastate movement of stock.

(3)A person who moves or introduces stock from — 

(a)a portion of the State of the kind specified in column 1; or

(b)a herd of cattle of the kind specified in column 1;

into — 

(c)a portion of the State of the kind specified in column 2; or

(d)a herd of cattle of the kind specified in column 2,

opposite and corresponding to that portion of the State or that herd of cattle, as the case may be, otherwise than in accordance with the prohibitions or the conditions (if any) numbered in column 3 opposite and corresponding to the portion of the State specified in column 2 or the herd of cattle specified in that column, as the case may be, and set out below the Table in Schedule 5 commits an offence.

(4)In the Table of Schedule 5 the provisions — 

(a)of Part 1 apply in relation to cattle not intended for immediate slaughter;

(b)of Part 2 apply in relation to cattle intended for immediate slaughter;

(c)of Part 3 apply in relation to the movement of sheep; and

(d)of Part 4 apply in relation to the movement of horses, mules, donkeys, camels and deer.

(5)The conditions imposed by Schedule 5 may be varied or substituted by the Chief Inspector, in writing.

[Regulation 34A inserted in Gazette 4 Feb 1977 p. 363; amended in Gazette 4 Dec 1981 p. 5036; 25 Jul 1986 p. 2488‑9; 14 Jun 2005 p. 2589.]

Division 2 — Intrastate movement of stock by sea

[Heading inserted in Gazette 4 Feb 1977 p. 363.]

35.Vessel to be certified as suitable

(1)A person shall not move stock by sea from one part of the State to another part of the State unless the vessel to be used for the movement of the stock is then certified by the Chief Inspector to be suitable for the purpose.

(2)The Chief Inspector may certify under his hand that a vessel is suitable for the purpose of intrastate movement of stock, but he shall not so certify a vessel that has, during the preceding 3 months, been used for the carriage of any stock, carcasses, animal products, second hand bags or stock fodder of other than Australian origin or loaded at any port outside Australia, unless he is satisfied that the vessel was cleared of the stock, carcasses, animal products, second hand bags or fodder before its departure from its last port of call outside Australia and that immediately after its departure from that port, all fittings used in connection with such stock, carcasses, animal products, second hand bags or fodder were thoroughly cleansed and disinfected.

(3)A certificate issued under subregulation (2) may, at any time, be revoked by the Chief Inspector.

(4)The provisions of subregulation (1) do not apply in respect of —

(a)dressed carcasses that are of Australian origin and are intended for use as ships’ stores; or

(b)fodder, shipped at Fremantle and intended (after being carried to some port outside Australia) to be used for the purpose of feeding cattle on a voyage to Fremantle from any port in the State north of Fremantle if — 

(i)it is so stowed on the vessel that it is separate from, and will not come into contact with, other cargo during the voyage;

(ii)prior to the vessel’s departure from Fremantle it is sealed by an inspector and remains so sealed until the seal is broken, on the vessel’s return to the State, by, or in the presence of, an inspector or some person authorised for that purpose by the Chief Inspector;

(iii)it is used solely for the purpose of feeding the cattle that are being moved intrastate and when being used for that purpose it does not, at any time, come into contact with any other cargo being brought from overseas; and

(iv)it is not, after shipment, landed at any port in the State.

36.Cleaning of certain parts of vessel

The master of any vessel, at any port in the State, shall, when required by an inspector or a person authorised in writing by the Chief Inspector, cause all fittings and parts of the vessel that have come into contact with stock or have been used in connection with the transport of stock, to be thoroughly cleansed and disinfected.

37.Movement of things between vessels

A person shall not, without the permission of an inspector, remove or cause to be removed, stock, fodder or fittings used or to be used in connection with stock, from one vessel to another vessel while either of the vessels is within the boundaries of a port.

38.Cleaning of certain vessels at Fremantle

Where any shipment of cattle is found on arrival at Fremantle to be tick‑infested, the vessel bringing the cattle shall, where required by the Chief Inspector, be thoroughly cleansed and disinfected to the satisfaction of an inspector, before leaving the port of Fremantle.

39.Liability for expense of cleaning

All expenses incurred in connection with the disinfection or treatment of a vessel pursuant to this Part shall be borne by the owner of the vessel or his agent.

39A.Carriage of cattle from inside and outside a tick infected area

Except with the written permission of the Chief Inspector, stock from parts of the State within a cattle tick free area shall not be shipped in a vessel that is also carrying cattle from a cattle tick infected area.

[Regulation 39A inserted in Gazette 4 Feb 1977 p. 363.]

40.Offences

A person who, by act or omission, contravenes any of the provisions of the regulations in this Part, or is a party or is privy to any such contravention, commits an offence.

Penalty: $1 000.

[Regulation 40 amended in Gazette 7 Aug 1987 p. 3127.]

Part 6  Cattle tick

41.Declaration of areas by Minister

(1)For the purposes of these regulations the Minister may by notice published in the Government Gazette declare any part of the State to be a cattle tick free area or a cattle tick infected area.

(2)A declaration made pursuant to subregulation (1) may be varied or cancelled by the Minister by a subsequent notice published in the Government Gazette.

[Regulation 41 inserted in Gazette 4 Feb 1977 p. 364.]

42.Owner liable for expense of treatment

All treatment carried out on stock for the purposes of the prevention or eradication of cattle tick pursuant to these regulations shall be paid for by the owner of the stock and shall be in accordance with the appropriate charge prescribed in Schedule 4 or, where no charge is specified, shall be a charge reflecting the cost of providing the treatment.

[Regulation 42 inserted in Gazette 4 Feb 1977 p. 364; amended in Gazette 22 Jun 1999 p. 2673; 14 Jun 2005 p. 2589.]

43.Restriction on movement of conveyances from tick infected area

A person shall not move, out of a cattle tick infected area, any conveyance that has, within 6 months prior to such movement, been used to transport stock within the cattle tick infected area, unless the conveyance is first treated to the satisfaction of an inspector for the destruction of cattle tick and buffalo fly.

[Regulation 43 inserted in Gazette 4 Feb 1977 p. 364; amended in Gazette 25 Jul 1986 p. 2489.]

[44‑48.Repealed in Gazette 4 Feb 1977 p. 363.]

49.Offences

A person who by act or omission contravenes any of the provisions of the regulations in this Part of these regulations, commits an offence.

Penalty:

Minimum — $100.

Maximum — $1 000.

[Regulation 49 inserted in Gazette 10 Nov 1972 p. 4363.]

[Part 6A (r. 50‑54) repealed in Gazette 10 May 1974 p. 1538.]

Part 7  Tuberculosis of cattle

55.Interpretation

For the purposes of these regulations — 

tuberculosis free area, tuberculosis provisionally free area, tuberculosis eradication area, tuberculosis control area means an area of the State declared pursuant to regulation 56 to be a free area, provisionally free area, eradication area or control area, as the case requires, in relation to tuberculosis of cattle.

[Regulation 55 inserted in Gazette 4 Feb 1977 p. 364.]

56.Declaration of areas by Minister

(1)The Minister may from time to time by notice published in the Government Gazette declare any part of the State to be a tuberculosis free area, a tuberculosis provisionally free area, a tuberculosis eradication area, or a tuberculosis control area and apply to any area so declared a designation for the purposes of these regulations.

(2)A declaration made pursuant to subregulation (1) may be varied or cancelled by the Minister by a subsequent notice published in the Government Gazette.

[Regulation 56 inserted in Gazette 4 Feb 1977 p. 364.]

57.Declaration of accredited tuberculosis free herd

(1)For the purposes — 

(a)of this regulation, cattle includes buffalo; and

(b)of these regulations, a reference to an “accredited tuberculosis free herd” is a reference to a herd of cattle declared pursuant to subregulation (2) to be an accredited tuberculosis free herd.

(2)Where the Chief Inspector is satisfied in relation to a herd of cattle that — 

(a)the herd is held under management and facilities that are of such a standard as would maintain that herd free from tuberculosis;

(b)all cattle in the herd are individually identified in an approved manner;

(c)all cattle in the herd that are more than 12 months of age have passed not less than 12 tuberculin tests at not less than 8 and not more than 16 weeks apart with negative results; and

(d)all cattle in the herd over the age of 12 months have given negative results to a tuberculin test carried out on them not more than 60 days after the date of the expiry of a period not exceeding 36 months since the last tuberculin test previously carried out on the herd,

he may by written notice declare the herd to be an accredited tuberculosis free herd.

(3)A declaration made under subregulation (2) in relation to a herd remains in force until revoked by the Chief Inspector.

[Regulation 57 inserted in Gazette 4 Feb 1977 p. 364; amended in Gazette 25 Jul 1986 p. 2489.]

58.Approval to carry out tuberculin tests

(1)Subject to subregulation (1a), a person shall not carry out a tuberculin test on stock for the purposes of these regulations unless — 

(a)he is a veterinary surgeon registered under the Veterinary Surgeons Act 1960; and

(b)the Chief Inspector has approved of him as a person who may carry out such a test.

(1a)The Chief Inspector may approve of an inspector carrying out a tuberculin test on stock for such of the purposes of these regulations as he thinks fit.

(2)An approval given by the Chief Inspector to a person to carry out tuberculin tests may be revoked by the Chief Inspector at any time.

[Regulation 58 inserted in Gazette 4 Feb 1977 p. 364; amended in Gazette 21 Aug 1981 p. 3430; 25 Jul 1986 p. 2489.]

59.Procedure where diagnosis gives positive result

Where stock on being tested for the diagnosis of tuberculosis give a positive reaction to the test the person giving the test — 

(a)shall forthwith notify the Chief Inspector of that fact and give to him such particulars relating to the stock as the Chief Inspector may require; and

(b)shall cause the stock to be branded for the purpose of identification in such manner approved by the Chief Inspector.

[Regulation 59 inserted in Gazette 25 Jul 1986 p. 2489.]

60.Charges for tuberculin tests

(1)Subject to subregulation (2), where an officer of the Department of Agriculture carries out a tuberculin test on stock pursuant to these regulations no charge shall be payable.

(2)Where an officer of the Department of Agriculture carries out a tuberculin test on stock —

(a)on request; or

(b)for the purpose of supplying a health certificate for stock being exported,

the owner or person having charge of the stock shall on demand pay the cost of the test as prescribed in Schedule 4.

[Regulation 60 inserted in Gazette 7 Dec 1984 p. 4082; amended in Gazette 25 Jul 1986 p. 2489; 14 Jun 2005 p. 2589.]

[61‑64.Repealed in Gazette 4 Feb 1977 p. 364.]

Part 8  Brucellosis of cattle

65.Interpretation

For the purposes of these regulations — 

accredited brucellosis free herd means a herd declared to be an accredited brucellosis free herd pursuant to regulation 68;

brucellosis controlled herd means a herd declared to be a brucellosis controlled herd pursuant to regulation 70;

brucellosis free area, brucellosis provisionally free area, brucellosis eradication area, means an area of the State declared pursuant to regulation 66 to be a free area, a provisionally free area or an eradication area in relation to brucellosis in cattle;

certified brucellosis free herd means a herd declared to be a certified brucellosis free herd pursuant to regulation 69;

compulsory vaccination area means an area of the State declared to be a compulsory vaccination area pursuant to regulation 72.

[Regulation 65 inserted in Gazette 4 Feb 1977 p. 365.]

66.Declaration of areas by Minister

(1)For the purposes of these regulations, the Minister may from time to time by notice published in the Government Gazette declare any part of the State to be a brucellosis free area, a brucellosis provisionally free area or a brucellosis eradication area, and apply to any area so declared a designation for the purposes of these regulations.

(2)A declaration made under subregulation (1) may be varied or cancelled by the Minister by a subsequent notice published in the Government Gazette.

[Regulation 66 inserted in Gazette 4 Feb 1977 p. 365.]

67.Duties of owners of bovine animals

(1)The owner of any herd situated within a brucellosis free area, a brucellosis provisionally free area, or a brucellosis eradication area shall notify the nearest inspector if he knows or suspects that a bovine animal has aborted or calved prematurely.

(2)The owner of such animals known or suspected to have aborted or calved prematurely, shall, where possible, keep the affected animals in isolation and separated from the rest of the herd until otherwise allowed by an inspector.

[Regulation 67 inserted in Gazette 4 Feb 1977 p. 365.]

68.Declaration of accredited brucellosis free herd

(1)Where the Chief Inspector is satisfied in relation to a herd of cattle that — 

(a)the herd is not known to be or is not suspected of being affected with brucellosis and all breeding animals in the herd over the age of 6 months have completed 2 approved tests for brucellosis at intervals of not less than 6 months and have shown no evidence of the disease;

(b)all breeding cattle in the herd have been identified in an approved manner; and

(c)the herd is held under such conditions that it is not at risk to the introduction of brucellosis,

he may by written notice declare the herd to be an accredited brucellosis free herd.

(2)Notwithstanding anything in subregulation (1)(a) but subject to paragraphs (b) and (c) of that subregulation the Chief Inspector may make a declaration pursuant to that subregulation in relation to a herd that has been known to have been infected with brucellosis before the making of the declaration if he is satisfied that all breeding animals in the herd over the age of 6 months have before the making of the declaration completed not less than 3 approved tests for brucellosis over a period of 12 months immediately preceding the date of the making of the declaration and have shown no evidence of the disease.

(3)A declaration made pursuant to this regulation ceases to have effect in relation to a herd unless an approved brucellosis test is conducted on all breeding animals in the herd over the age of 6 months not later than 60 days after every anniversary of the last such test.

[Regulation 68 inserted in Gazette 4 Feb 1977 p. 365‑6.]

69.Declaration of certified brucellosis free herd

(1)Where the Chief Inspector is satisfied in relation to a herd of cattle that — 

(a)the herd is not known to be or is not suspected of being infected with brucellosis, and all breeding animals in the herd over the age of 6 months have completed 2 approved tests for brucellosis at intervals of not less than 6 months and have shown no evidence of the disease;

(b)all breeding animals in the herd have been identified in an approved manner; and

(c)the herd is held under such conditions that it is not at risk to the introduction of brucellosis,

he may by written notice declare the herd to be a certified brucellosis free herd.

(2)Notwithstanding subregulation (1)(a) but subject to paragraphs (b) and (c) of that subregulation, the Chief Inspector may make a declaration pursuant to that subregulation in relation to a herd of cattle that has been known to have been infected with brucellosis before the making of the declaration if he is satisfied that all breeding cattle in the herd that are over the age of 6 months have completed not less than 3 approved brucellosis tests over a period of 12 months immediately preceding the date of the making of the declaration and have shown no evidence of the disease.

(3)A declaration made under this regulation in relation to a herd of cattle ceases to have effect in relation to the herd unless an approved brucellosis test of all breeding animals in the herd is carried out not later than 60 days after the third anniversary of the last such test.

[Regulation 69 inserted in Gazette 4 Feb 1977 p. 366.]

70.Declaration of herd as brucellosis controlled

(1)Where a herd of cattle in a brucellosis eradication area is not held under quarantine conditions and — 

(a)has a herd test for brucellosis conducted on all breeding animals in the herd with negative results; or

(b)has had a test of such numbers of breeding cattle that a 99% probability of the prevalence of infection from brucellosis not exceeding 0.5% is revealed,

the Chief Inspector may declare the herd to be a brucellosis controlled herd.

[Regulation 70 inserted in Gazette 4 Feb 1977 p. 366.]

71.Revocation of declarations

The Chief Inspector may at any time revoke any declaration made pursuant to regulation 68, 69 or 70.

[Regulation 71 inserted in Gazette 4 Feb 1977 p. 366.]

72.Declaration of compulsory brucellosis vaccination areas

(1)The Minister may by notice published in the Government Gazette declare any part of the State to be a “compulsory brucellosis vaccination area” and may by subsequent notice vary or revoke that declaration.

(2)Where a part of the State has been declared to be a compulsory brucellosis vaccination area pursuant to subregulation (1) the owner of any cattle in that area shall upon being requested by the Chief Inspector so to do submit such cattle as are required by the Chief Inspector or an inspector for inoculation by an inspector or veterinary surgeon with a brucella vaccine approved by the Chief Inspector.

(3)Inoculation of cattle carried out pursuant to this regulation shall be carried out free of charge.

[Regulation 72 inserted in Gazette 4 Feb 1977 p. 366.]

73.Approval to carry out vaccinations

(1)A person shall not vaccinate any cattle against brucellosis unless he is an inspector, or a veterinary surgeon registered under the provisions of the Veterinary Surgeons Act 1960, and has been approved for that purpose by the Chief Inspector.

(2)An approval granted by the Chief Inspector under subregulation (1) may be revoked by him at any time by notice in writing.

[Regulation 73 inserted in Gazette 4 Feb 1977 p. 366.]

74.Inoculation with Strain 19 vaccine

A person shall not inoculate cattle or horses with Strain 19 vaccine without the prior approval of the Chief Inspector.

[Regulation 74 inserted in Gazette 4 Feb 1977 p. 367.]

75.Vaccinated cattle to be identified

(1)An inspector or veterinary surgeon who vaccinates any cattle with a brucella vaccine shall cause the cattle to be marked for identification with an earmark of a type approved by the Chief Inspector for the purpose.

(2)The earmark required by subregulation (1) shall be placed in that ear of the cattle not already marked with the owner’s registered earmark.

(3)Notwithstanding the provisions of subregulation (1), where the cattle vaccinated are of stud stock the inspector or veterinary surgeon administering the inoculation may issue a certificate instead of an earmark showing the date of the inoculation and particulars that will enable the cattle to be identified, and the owner or person in charge of the animal or animals shall produce that certificate at the request of an inspector.

[Regulation 75 inserted in Gazette 4 Feb 1977 p. 367; amended in Gazette 14 Jun 2005 p. 2598‑9.]

Part 8A — NLIS devices

[Heading inserted in Gazette 14 Jun 2005 p. 2599.]

76.Interpretation

In this section —

animal means stock;

identification number, in relation to an NLIS device, means a number, referred to in regulation 77(2), of the device;

manufacture, in relation to an NLIS device, includes to recycle the device;

sell includes to supply;

visible identification number, in relation to an NLIS device, means the number, referred to in regulation 77(2)(b), of the device.

[Regulation 76 inserted in Gazette 14 Jun 2005 p. 2599.]

77.NLIS device

(1)For the purposes of these regulations an NLIS (which stands for “National Livestock Identification System”) device is an approved electronic device —

(a)that is able to identify an animal for the whole of its life; and

(b)that complies with this regulation.

(2)An NLIS device must have —

(a)a unique number that is encoded in the device so that it can be read electronically; and

(b)a unique number that is displayed on the exterior of the device so that it is visible to the naked eye and legible.

(3)The visible identification number must include a PIC.

[Regulation 77 inserted in Gazette 14 Jun 2005 p. 2599.]

78.Manufacture and sale of NLIS devices generally

(1)A person must not manufacture an NLIS device unless the person is an approved manufacturer.

Penalty: $5 000.

(2)A person must not sell an NLIS device unless it has been manufactured by an approved manufacturer.

Penalty: $5 000.

[Regulation 78 inserted in Gazette 14 Jun 2005 p. 2599‑600.]

78A.Sale of NLIS devices by approved manufacturers

(1)An approved manufacturer must not sell an NLIS device to a person unless —

(a)the person has applied to the manufacturer for an NLIS device that will identify stock owned by that person or stock to which NLIS post breeder devices must be applied;

(b)the person has given the manufacturer —

(i)his or her full name and address; and

(ii)the PIC of the property on which the stock is kept by the person;

(c)the manufacturer has confirmed that the PIC relates to a property where the person keeps the stock —

(i)by sighting the code in an original certificate of registration of a brand under section 23 of the Stock (Identification and Movement) Act 1970 in relation to a brand registered for that stock;

(ii)by application to the Chief Inspector; or

(iii)by reference to the internet website maintained under regulation 78I(3) of these regulations or regulation 12(4) of the Stock (Identification and Movement) Regulations 1972;

(d)the manufacturer has kept a written or electronic record of that confirmation; and

(e)the NLIS device includes that PIC in its visible identification number.

Penalty: $5 000.

(2)The Chief Inspector may request an approved manufacturer to make available to an approved person any record of confirmation kept under subregulation (1)(d).

(3)An approved manufacturer must comply with a request under subregulation (2) as soon as practicable after the request is made.

Penalty: $5 000.

(4)An approved manufacturer who sells an NLIS device must, after the sale but before giving the device to the purchaser —

(a)encode in the device a number referred to in regulation 77(2)(a);

(b)display on the device a visual identification number that includes the PIC of the property of the purchaser; and

(c)update the NLIS database in relation to that device by recording the numbers referred to in paragraphs (a) and (b) and the date on which the device is to be given to the purchaser.

Penalty: $5 000.

(5)If an approved manufacturer gives an NLIS device to a purchaser on a date that is different to a date recorded under subregulation (4)(c), the approved manufacturer must, as soon as practicable after the device is given to the purchaser, update the database by recording the correct date.

Penalty: $5 000.

[Regulation 78A inserted in Gazette 14 Jun 2005 p. 2600‑1.]

78B.Sale of NLIS devices by persons except approved manufacturers

(1)A person except an approved manufacturer must not sell an unused NLIS device unless the sale is approved in writing by the Chief Inspector or another inspector.

Penalty: $5 000.

(2)If an approval is given under subregulation (1), the Chief Inspector or other inspector is to update the NLIS database in relation to the device by recording the PIC of the property on which the purchaser keeps any stock to which the device is applied.

(3)A person except an approved manufacturer must not sell a used NLIS device unless the device is sold to an approved manufacturer.

Penalty: $5 000.

[Regulation 78B inserted in Gazette 14 Jun 2005 p. 2601.]

78C.NLIS database

(1)The Chief Inspector is to ensure that an electronic database of NLIS devices is maintained in accordance with this regulation by an approved person.

(2)The database is to record in relation to each NLIS device —

(a)the identification numbers of the device;

(b)if the device is not applied to an animal — the PIC of the property in relation to which the device was issued;

(c)if the device is applied to an animal —

(i)the PIC of the property on which the animal is kept for the time being by its owner; and

(ii)any slaughter or death in other circumstances of the animal, or export of the animal;

and

(d)any other approved information.

(3)The information recorded in the database is to be made accessible on an internet website to —

(a)persons who are required by these regulations to update the database; and

(b)inspectors for the purposes of administering the Act.

(4)A person except the approved person who is required by these regulations to update the database may do so by —

(a)accessing the internet website; or

(b)sending the updated information to the approved person electronically or in another approved form.

(5)A person must not enter false or misleading information into the database.

Penalty: $5 000.

(6)A copy or print‑out of an entry in the database is evidence of the facts stated in the copy or print‑out and, in the absence of evidence to the contrary, is proof of those facts.

[Regulation 78C inserted in Gazette 14 Jun 2005 p. 2601‑2.]

78D.Applying an NLIS device

(1)A person must not, without the written approval of an inspector, apply an NLIS device to an animal unless —

(a)the person is the owner of the animal or is otherwise required or enabled by these regulations to apply the device;

(b)the animal is on the property in relation to which the device was issued and the visible identification number of the device includes the PIC of that property;

(c)in the case of an NLIS device other than a NLIS post breeder device, the animal is on the animal’s property of birth;

(d)in the case of an NLIS post breeder device, the animal is not on the animal’s property of birth; and

(e)the device is applied in the approved manner.

Penalty: $5 000.

(2)A person must not apply more than one NLIS device to an animal at any one time.

Penalty: $5 000.

(3)A person must not apply an NLIS device to an animal if an NLIS device is already applied to the animal.

Penalty: $5 000.

[Regulation 78D inserted in Gazette 14 Jun 2005 p. 2602‑3.]

78E.Unapplied NLIS devices to be returned or given up

If a person possesses an NLIS device that is not applied to an animal and —

(a)the device does not include in its visible identification number the PIC of a property on which stock is kept, sold, slaughtered or exported by the person; or

(b)the person does not possess the device with the approval of a person who is lawfully entitled to the possession,

the person must, as soon as practicable after coming into that possession, give the device to an inspector.

Penalty: $5 000.

[Regulation 78E inserted in Gazette 14 Jun 2005 p. 2603.]

78F.Removal, damage and replacement of NLIS devices

(1)A person must not remove an NLIS device from an animal unless it is done —

(a)after the animal has been slaughtered in an abattoir;

(b)after the animal is slaughtered or otherwise dies on any other property, by the operator of the property;

(c)after the device ceases functioning, by the operator of the property on which the animal is kept; or

(d)by an approved person.

Penalty: $5 000.

(2)A person must not damage or deface an NLIS device except by disposing of it in accordance with subregulation (3).

Penalty: $5 000.

(3)A person must not dispose of an NLIS device unless —

(a)the person has removed it in accordance with subregulation (1); and

(b)it is disposed of in an approved manner.

Penalty: $5 000.

(4)If an NLIS device is removed from a live animal under subregulation (1)(c), the operator of the property on which the animal is kept may apply a replacement NLIS device to the animal.

(5)If a replacement NLIS device is applied to an animal after it has been moved from the property where the original device was applied, the operator must update the database by recording —

(a)the visible identification number of the replacement device; and

(b)if possible, the visible identification number of the original device.

Penalty: $5 000.

[Regulation 78F inserted in Gazette 14 Jun 2005 p. 2603‑4.]

78G.False representation that something is an NLIS device

A person must not falsely represent that something is an NLIS device.

Penalty: $5 000.

[Regulation 78G inserted in Gazette 14 Jun 2005 p. 2604.]

78H.Responsibilities of owners and purchasers

(1)Except as provided in subregulation (3), if an owner of an animal to which an NLIS device is applied moves the animal to a property with a different PIC from that recorded on the database, the owner must, within the period specified in subregulation (2), update the NLIS database in relation to the device by recording —

(a)the PIC of the property on which the animal is to be kept;

(b)the serial number of the waybill or other document prescribed under section 46 of the Stock (Identification and Movement) Act 1970 relating to the movement of the animal; and

(c)the date the animal was moved.

Penalty: $5 000.

(2)The owner must comply with the requirements of subregulation (1) within 48 hours after the animal has been moved.

(3)Subregulation (1) does not apply if —

(a)the owner moves the animal to a holding yard;

(b)the owner moves the animal to a saleyard;

(c)the owner moves the animal from a saleyard after purchasing the animal there;

(d)the owner moves the animal directly to an abattoir for slaughter;

(e)the owner moves the animal directly to an export depot for export; or

(f)an inspector has, in a particular case, given written approval for the owner to move the animal to another property without updating the database.

(4)If an animal at a saleyard has an NLIS device applied to it, a purchaser of the animal must, when requested by the saleyard operator, provide the PIC of the property on which the animal is to be kept or slaughtered, or from which the animal is to be exported, by the purchaser.

Penalty: $5 000.

[Regulation 78H inserted in Gazette 14 Jun 2005 p. 2604‑5.]

78I.Responsibilities of non‑farming property operators

(1)A person operating, or intending to operate, a non‑farming property may apply to the Chief Inspector to issue an identification code in respect of that property.

(2)On an application under subregulation (1), the Chief Inspector may issue an identification code in respect of the property and that code is to be taken to be the PIC of the property for the purposes of these regulations.

(3)The Chief Inspector is to keep a register of the identification codes issued under subregulation (2) and publish the register on an internet website maintained by or for the Chief Inspector.

(4)An operator of a non‑farming property must not permit an animal to which an NLIS device has been applied to be moved to the property unless the property has an identification code issued under subregulation (2).

Penalty: $5 000.

[Regulation 78I inserted in Gazette 14 Jun 2005 p. 2605.]

78J.Responsibilities of saleyard operators

(1)Unless an inspector in a particular case approves otherwise, if an animal to which an NLIS device is applied is moved to a saleyard, the saleyard operator must, as soon as practicable after the animal has been moved there, check, and if necessary update, the NLIS database to ensure that the PIC recorded in relation to the device is that of the property on which the owner of the animal kept it before it was moved to the saleyard.

Penalty: $5 000.

(2)A saleyard operator must not move, or permit to be moved, from the saleyard an animal to which an NLIS device is applied unless —

(a)it is moved back to the property from where it came or to another property with a PIC; and

(b)within 48 hours after it is moved, the saleyard operator updates the NLIS database in relation to the device by recording —

(i)the PIC of the property to which the animal has been moved;

(ii)the serial number of the waybill or other document prescribed under section 46 of the Stock (Identification and Movement) Act 1970 relating to the movement of the animal; and

(iii)the date the animal was moved.

Penalty: $5 000.

(3)If an animal to which an NLIS device is applied is moved to a saleyard, a person must not, without the approval of an inspector, sell the animal, or permit the animal to be sold, unless the device is functioning.

Penalty: $5 000.

(4)If an animal at a saleyard has an NLIS device applied to it, a person must not sell the animal, or permit the animal to be sold, at the saleyard unless the person has obtained from the proposed purchaser the PIC of the property on which the animal is to be kept or slaughtered, or from which the animal is to be exported, by the purchaser.

Penalty: $5 000.

[Regulation 78J inserted in Gazette 14 Jun 2005 p. 2605‑6.]

78K.Responsibilities of abattoir operators

(1)If an animal to which an NLIS device is applied is moved to an abattoir except from a saleyard, the abattoir operator must —

(a)as soon as practicable after the animal has been slaughtered; or

(b)before it is otherwise moved from the abattoir,

check, and if necessary update, the NLIS database to ensure that the PIC recorded in relation to the device is that of the property on which the owner of the animal kept it before it was moved to the abattoir.

Penalty: $5 000.

(2)If an animal to which an NLIS device is applied is slaughtered in an abattoir, the abattoir operator must, within 7 days after the slaughter, update the NLIS database in relation to the device by recording the slaughter of the animal.

Penalty: $5 000.

(3)An abattoir operator must not move, or permit to be moved, from the abattoir a live animal to which an NLIS device is applied unless —

(a)it is moved back to the property from where it came or to another property with a PIC; and

(b)within 48 hours after it is moved, the abattoir operator updates the NLIS database in relation to the device by recording —

(i)the PIC of the property to which the animal has been moved;

(ii)the serial number of the waybill or other document prescribed under section 46 of the Stock (Identification and Movement) Act 1970 relating to the movement of the animal; and

(iii)the date the animal was moved.

Penalty: $5 000.

[Regulation 78K inserted in Gazette 14 Jun 2005 p. 2606‑7.]

78L.Responsibilities of export depot operators

(1)If an animal to which an NLIS device is applied is moved to an export depot, the export depot operator must, within the period specified in subregulation (2), check, and if necessary update, the NLIS database to ensure that the PIC recorded in relation to the device is that of the property on which the owner of the animal kept it before it was moved to the export depot.

Penalty: $5 000.

(2)The export depot operator must comply with the requirements of subregulation (1) within —

(a)48 hours after the animal has been moved to the export depot; or

(b)if the animal is exported or otherwise moved from the export depot within that period, as soon as practicable after the animal has been exported or moved.

(3)If an animal to which an NLIS device is applied is exported from an export depot, the export depot operator must, within 7 days after the export, update the NLIS database in relation to the device by recording the export of the animal.

Penalty: $5 000.

(4)An export depot operator must not, except by export, move, or permit to be moved, from the export depot an animal to which an NLIS device is applied unless —

(a)it is moved back to the property from where it came or to another property with a PIC; and

(b)within 48 hours after it is moved, the export depot operator updates the NLIS database in relation to the device by recording —

(i)the PIC of the property to which the animal has been moved;

(ii)the serial number of the waybill or other document prescribed under section 46 of the Stock (Identification and Movement) Act 1970 relating to the movement of the animal; and

(iii)the date the animal was moved.

Penalty: $5 000.

[Regulation 78L inserted in Gazette 14 Jun 2005 p. 2607‑8.]

78M.NLIS devices on animals that die while being moved to another property

If an animal to which an NLIS device is applied dies except by slaughter on, or while being moved to, a property with a different PIC from that recorded on the database, the operator of the property to which the animal was moved must, within 48 hours after the death, update the NLIS database in relation to the device by recording the death of the animal.

Penalty: $5 000.

[Regulation 78M inserted in Gazette 14 Jun 2005 p. 2608.]

Part 9  Cattle or buffalo identification

[Heading inserted in Gazette 14 Jun 2005 p. 2610.]

79.Interpretation

(1)In this Part —

animal means cattle or buffalo;

approved identification means identification approved under regulation 80(3);

sell includes to supply.

(2)For the purposes of this Part, an animal is moved from one property to another if it is moved between places that have different PICs.

[Regulation 79 inserted in Gazette 14 Jun 2005 p. 2610.]

80.Responsibilities of owners

(1)Except as provided in subregulation (2), an owner of an animal must not move the animal, or permit the animal to be moved, from a property unless the animal has an NLIS device applied to it at the time it is moved.

Penalty: $5 000.

(2)Subregulation (1) does not apply if —

(a)subject to subregulations (3) and (5) to (7) —

(i)the animal is being moved to an export depot or an abattoir from the animal’s property of birth; or

(ii)the animal is being moved to a saleyard, an export depot or an abattoir from a property that is contiguous with the animal’s property of birth and that is not in an area referred to in section 30(1)(a) of the Stock (Identification and Movement) Act 1970;

or

(b)the animal is exempted from the requirement of that subregulation by the Chief Inspector.

(3)The owner cannot rely upon the exemption in subregulation (2)(a) unless an approved means of identification, except an NLIS device, is applied to the animal and —

(a)the identification displays the PIC of the property from which the animal is being moved;

(b)in the case of animals being moved to an abattoir, the identification takes the form of an eartag or tailtag;

(c)in the case of animals being moved to an export depot, the identification takes the form of an eartag.

(4)A person must not remove from an animal any means of identification approved under subregulation (3) unless it is done —

(a)after the animal has been slaughtered in an abattoir;

(b)after the animal is slaughtered or otherwise dies on any other property, by the operator of the property; or

(c)by an approved person.

Penalty: $5 000.

(5)The owner cannot rely upon the exemption in subregulation (2)(a) unless the animal is kept separate from —

(a)animals to which NLIS devices have been applied; and

(b)animals being moved from another property.

(6)The owner cannot rely upon the exemption in subregulation (2)(a) unless the owner has furnished to the drover or carrier of the animal a waybill or other document prescribed under section 46 of the Stock (Identification and Movement) Act 1970 that applies to all the animals moved under that subregulation at that time and no other animals.

(7)The owner cannot rely upon the exemption in subregulation (2)(a)(ii) unless the owner has furnished to the drover or carrier of the animal a waybill or other document prescribed under section 46 of the Stock (Identification and Movement) Act 1970 that displays the PIC of the property of birth of the animal.

[Regulation 80 inserted in Gazette 14 Jun 2005 p. 2610‑11.]

81.Responsibilities of purchasers

If animals are sold to a person, the person must not take possession of the animals unless they are moved in accordance with these regulations.

Penalty: $5 000.

[Regulation 81 inserted in Gazette 14 Jun 2005 p. 2611.]

82.Responsibilities of drovers or carriers

(1)In this regulation —

transport document means —

(a)a waybill;

(b)a document prescribed under section 46 of the Stock (Identification and Movement) Act 1970; or

(c)a note referred to in section 50(3) of the Stock (Identification and Movement) Act 1970.

(2)A drover or carrier moving animals from a property to a holding yard must, as soon as practicable after arriving at the holding yard, endorse on the transport document —

(a)the PIC of the holding yard; and

(b)the PIC of the property to which the animals are to be taken from the holding yard.

Penalty: $5 000.

(3)A drover or carrier moving animals from a property to a saleyard, abattoir or export depot must, as soon as practicable after arriving there, give to the operator a copy of any transport document relating to the animals.

Penalty: $5 000.

(4)If a drover or carrier moves animals from a property and the animals have approved identification applied to them, the drover or carrier must keep the animals separate from —

(a)animals to which NLIS devices have been applied; and

(b)animals being moved from another property.

Penalty: $5 000.

[Regulation 82 inserted in Gazette 14 Jun 2005 p. 2612.]

83.Responsibilities of holding yard operators

When animals are moved to a holding yard from a particular property and are kept there for more than 48 hours, the operator of the holding yard must keep a record, in an approved form, of —

(a)the PIC of the property from which animals were moved to the holding yard;

(b)the date on which animals were moved to the holding yard from the property;

(c)the number of animals moved to the holding yard from the property on that date; and

(d)the date on which the animals were moved from the holding yard.

[Regulation 83 inserted in Gazette 14 Jun 2005 p. 2612.]

84.Responsibilities of saleyard operators

(1)Unless an inspector in a particular case approves otherwise, if an animal is moved to a saleyard and an NLIS device is not applied to the animal, the saleyard operator must, within the period specified in subregulation (2) —

(a)apply an NLIS post breeder device to the animal; and

(b)update the NLIS database in relation to the device by recording —

(i)the PIC of the property from which the animal was moved to the saleyard;

(ii)the serial number of the waybill or other document prescribed under section 46 of the Stock (Identification and Movement) Act 1970 relating to the movement of the animal; and

(iii)the date the animal was moved.

Penalty: $5 000.

(2)The saleyard operator must comply with the requirements of subregulation (1) as soon as practicable after the movement of the animal to the saleyard and before it is sold or otherwise moved from the saleyard.

(3)If animals are moved to a saleyard and more than 10% of the animals have neither NLIS devices nor approved identification applied to them, the operator of the saleyard must —

(a)hold the animals at the saleyard without selling them; and

(b)inform an inspector accordingly, and comply with any directions given to the operator by the inspector under subregulation (4).

Penalty: $5 000.

(4)The inspector may make any necessary or convenient direction in relation to the animals including —

(a)to hold the animals at the saleyard;

(b)to move them to, and hold them at, another place specified by the inspector; and

(c)to arrange for subregulation (1) to be complied with.

(5)A saleyard operator must comply with a direction given by an inspector under subregulation (4).

Penalty: $5 000.

(6)If an animal is born on, or while being moved to, a saleyard the saleyard operator must —

(a)as soon as practicable after its birth and before it is sold or otherwise moved from the saleyard, apply an NLIS post breeder device to the animal; and

(b)within 48 hours after the device is applied, update the NLIS database in relation to the device by recording —

(i)the PIC of the property from which the mother of the animal was moved to the saleyard;

(ii)the serial number of the waybill or other document prescribed under section 46 of the Stock (Identification and Movement) Act 1970 relating to the movement of the animal’s mother; and

(iii)the date the animal was born.

Penalty: $5 000.

[Regulation 84 inserted in Gazette 14 Jun 2005 p. 2613‑14.]

85.Responsibilities of abattoir operators

(1)In this regulation —

inspector includes an officer of an agency responsible under a written law of this State or the Commonwealth for —

(a)the inspection of animals before they are slaughtered; and

(b)giving consent for the animals to be slaughtered after inspection,

who is authorised by the agency to exercise the functions of an inspector under this regulation.

(2)If an animal to which approved identification is applied is moved to an abattoir, the abattoir operator must —

(a)keep a record in accordance with subregulation (3) of the movement of the animal to the abattoir and any subsequent slaughter, or other movement from the abattoir, of the animal; and

(b)make the record available for inspection by an inspector during normal business hours.

Penalty: $5 000.

(3)A record under subregulation (2) is to be in an approved form and is to include the PIC of the property from which the animal was moved to the abattoir and the name and address of the operator of that property.

(4)Unless an inspector in a particular case approves otherwise, if an animal is moved to an abattoir and neither an NLIS device nor approved identification is applied to the animal, the abattoir operator must, within the period specified in subregulation (5) —

(a)apply to the animal —

(i)an NLIS post breeder device; or

(ii)an approved tag displaying the PIC of the property from which the animal was moved to the abattoir;

and

(b)if the operator applies a tag to the animal —

(i)keep an approved record of the consignment in which the animal was moved to the abattoir; and

(ii)make the record available for inspection by an inspector during normal business hours.

Penalty: $5 000.

(5)The abattoir operator must comply with the requirements of subregulation (4) as soon as practicable after the movement of the animal to the abattoir and before it is slaughtered or otherwise moved from the abattoir.

(6)If animals are moved to an abattoir and more than 10% of the animals have neither NLIS devices nor approved identification applied to them, the operator of the abattoir must —

(a)hold the animals at the abattoir without slaughtering them; and

(b)inform an inspector accordingly, and comply with any directions given to the operator by the inspector under subregulation (7).

Penalty: $5 000.

(7)The inspector may make any necessary or convenient direction in relation to the animals including —

(a)to hold the animals at the abattoir;

(b)to move them to, and hold them at, another place specified by the inspector; and

(c)to arrange for subregulation (4) to be complied with.

(8)An abattoir operator must comply with a direction given by an inspector under subregulation (7).

Penalty: $5 000.

(9)If an animal to which approved identification is applied is moved to an abattoir but is not slaughtered, the abattoir operator must not move the animal from the abattoir to another property unless —

(a)before the animal is moved, the abattoir operator applies an NLIS post breeder device to the animal;

(b)as soon as practicable after the NLIS device is applied, the abattoir operator updates the NLIS database in relation to the device by recording —

(i)the PIC of the property from which the animal was moved to the abattoir;

(ii)the PIC of the abattoir;

(iii)the serial number of the waybill or other document prescribed under section 46 of the Stock (Identification and Movement) Act 1970 relating to the movement of the animal to the abattoir; and

(iv)the date the animal was moved to the abattoir;

and

(c)within 48 hours after the animal is moved to the other property, the abattoir operator updates the NLIS database in relation to the device by recording —

(i)the PIC of the property;

(ii)the serial number of the waybill or other document prescribed under section 46 of the Stock (Identification and Movement) Act 1970 relating to the movement of the animal; and

(iii)the date the animal was moved.

Penalty: $5 000.

[Regulation 85 inserted in Gazette 14 Jun 2005 p. 2614‑16.]

85A.Responsibilities of export depot operators

(1)If an animal to which approved identification is applied is moved to an export depot, the export depot operator must —

(a)keep a record in accordance with subregulation (2) of the movement of the animal to the export depot and any subsequent export, or other movement from the export depot, of the animal; and

(b)make the record available for inspection by an inspector during normal business hours.

Penalty: $5 000.

(2)A record under subregulation (1) is to be in an approved form and is to include the PIC of the property from which the animal was moved to the export depot and the name and address of the operator of that property.

(3)Unless an inspector in a particular case approves otherwise, if an animal is moved to an export depot and neither an NLIS device nor approved identification is applied to the animal, the export depot operator must, within the period specified in subregulation (4) —

(a)apply to the animal —

(i)an NLIS post breeder device; or

(ii)an approved tag displaying the PIC of the property from which the animal was moved to the export depot;

and

(b)if the operator applies a tag to the animal —

(i)keep an approved record of the consignment in which the animal was moved to the export depot; and

(ii)make the record available for inspection by an inspector during normal business hours.

Penalty: $5 000.

(4)The export depot operator must comply with the requirements of subregulation (3) as soon as practicable after the movement of the animal to the export depot and before it is exported or is otherwise moved from the depot.

(5)If animals are moved to an export depot and more than 10% of the animals have neither NLIS devices nor approved identification applied to them, the operator of the export depot must —

(a)hold the animals at the export depot; and

(b)inform an inspector accordingly, and comply with any directions given to the operator by the inspector under subregulation (6).

Penalty: $5 000.

(6)The inspector may make any necessary or convenient direction in relation to the animals including —

(a)to hold the animals at the export depot;

(b)to move them to, and hold them at, another place specified by the inspector; and

(c)to arrange for subregulation (3) to be complied with.

(7)An export depot operator must comply with a direction given by an inspector under subregulation (6).

Penalty: $5 000.

(8)If an animal is born on, or while being moved to, an export depot the export depot operator must as soon as practicable after its birth or movement to the depot, as the case may be, and before it is sold or otherwise moved from the depot, apply an approved eartag to the animal.

Penalty: $5 000.

(9)If an animal to which approved identification is applied is moved to an export depot but is not exported, the export depot operator must not move the animal from the export depot unless —

(a)the animal is moved to an abattoir; or

(b)if the animal is moved to any other property, the export depot operator complies with subregulation (10).

Penalty: $5 000.

(10)The export depot operator must not move the animal to the other property unless —

(a)before the animal is moved, the export depot operator applies an NLIS post breeder device to the animal;

(b)as soon as practicable after the NLIS device is applied, the export depot operator updates the NLIS database in relation to the device by recording —

(i)the PIC of the property from which the animal was moved to the export depot;

(ii)the serial number of the waybill or other document prescribed under section 46 of the Stock (Identification and Movement) Act 1970 relating to the movement of the animal to the export depot; and

(iii)the date the animal was moved;

and

(c)within 48 hours after the animal is moved to the other property, the export depot operator updates the NLIS database by recording —

(i)the PIC of the property;

(ii)the serial number of the waybill or other document prescribed under section 46 of the Stock (Identification and Movement) Act 1970 relating to the movement of the animal; and

(iii)the date the animal was moved.

[Regulation 85A inserted in Gazette 14 Jun 2005 p. 2616‑19.]

Part 10  Footrot

86.Duties of owners of sheep or goats with footrot

Without limiting the operation of Part 2 the owner of sheep or goats, the subject of a declaration under regulation 11 in relation to the disease footrot, shall — 

(a)subject any of the sheep or goats to any treatment for footrot as an inspector may determine;

(b)move any of the sheep or goats from any part of the land on which they are located to any other part of the land when requested to do so by an inspector; and

(c)not permit the movement of any sheep or goats on to land the subject of a declaration under regulation 11 during the period the land is in quarantine unless a permit for that movement in the form of Form No. 3 is issued by an inspector.

[Regulation 86 inserted in Gazette 8 Aug 1986 p. 2871‑2.]

[87.Repealed in Gazette 8 Aug 1986 p. 2872.]

88.Powers of inspectors

An inspector may require the owner of stock or the owner of land, the subject of a declaration under regulation 11 in relation to the disease footrot — 

(a)to maintain cattle in isolation from any sheep or goats;

(b)to subject any cattle on that land to any treatment as an inspector may determine; and

(c)to maintain any sheep or goats separate from any other sheep or goats in any part of the land on which they are located.

[Regulation 88 inserted in Gazette 8 Aug 1986 p. 2872.]

[89.Repealed in Gazette 8 Aug 1986 p. 2872.]

Part 11  Lice and keds

90.Meaning of “ked and lice

In this Part of these regulations unless the contrary intention appears — 

ked means the insect known as Melophagus Ovinus;

lice means the louse Damalinia Ovis or any other form of lice which infest sheep.

91.Meaning of “infected area” and “protected area”

In these regulations the term infected area or protected area means an area of the State declared pursuant to regulation 92 to be an infected area or protected area, as the case requires, in relation to lice or keds in sheep.

[Regulation 91 inserted in Gazette 18 Feb 1977 p. 532; amended in Gazette 25 Sep 1981 p. 4158.]

92.Declaration of infected area or protected area

(1)The Minister may from time to time by notice in the Government Gazette declare any part of the State to be an infected area or a protected area in relation to lice or keds and apply to any area so declared a designation for the purposes of these regulations.

(2)A declaration made pursuant to subregulation (1) may be varied or cancelled by the Minister by a subsequent notice published in the Government Gazette.

[Regulation 92 inserted in Gazette 18 Feb 1977 p. 532; amended in Gazette 25 Sep 1981 p. 4158.]

[93‑97.Repealed in Gazette 18 Feb 1977 p. 532.]

[98, 99.Repealed in Gazette 4 Mar 1997 p. 1361.]

99A.Requirements as to wool

(1)An inspector may require any person who receives wool, or has forwarded wool, for testing, to forthwith notify the inspector of that fact and give to him such particulars relating to the wool and the identification of the wool as the inspector may require.

(2)An inspector may inspect any wool referred to in subregulation (1) and may carry out such tests or arrange for such tests to be carried out as the inspector thinks fit for the purpose of determining whether the sheep from which it came were infested with lice.

(3)A person who is required by an inspector to give information relating to wool to an inspector in accordance with subregulation (1) shall forward that information to the inspector within 7 days of acquiring that information.

[Regulation 99A inserted in Gazette 16 Oct 1987 p. 3924.]

Part 11A — Domestic chickens

[Heading inserted in Gazette 31 May 2005 p. 2405.]

99B.Vaccinations of domestic chickens against non‑virulent Newcastle disease

If a person who owns chickens keeps them on premises where 1000 or more domestic chickens are kept, the person must ensure that each chicken owned by the person is vaccinated in an approved manner against non‑virulent Newcastle disease.

[Regulation 99B inserted in Gazette 31 May 2005 p. 2405.]

99C.Records of vaccinations of domestic chickens

(1)The owner must keep a record in an approved manner of any vaccination arranged by the owner, or any previous owner, under regulation 99B.

(2)The owner must make —

(a)the record;

(b)the chickens;

(c)the place where the chickens are kept; and

(d)any vaccines stored by the owner for the purposes of complying with this regulation,

available for inspection by an inspector during normal business hours.

[Regulation 99C inserted in Gazette 31 May 2005 p. 2405.]

99D.Testing of domestic chickens

(1)The owner must, if directed to do so by an inspector, arrange for the chickens to be tested for non‑virulent Newcastle disease.

(2)The owner must permit an inspector, or a person authorised by an inspector, to take blood samples from the chickens for the purposes of testing the samples for non‑virulent Newcastle disease.

[Regulation 99D inserted in Gazette 31 May 2005 p. 2405.]

Part 12  Pearl oysters

[Heading inserted in Gazette 17 Dec 1999 p. 6177.]

100.Interpretation

(1)In this Part —

certificate of health means a certificate issued under regulation 106;

Western Australian pearl oyster fishery means the waters so defined in the Pearling (Joint Authority Pearl Oyster Fishing) (Declaration of Zones) Notice 1992.

(2)In this Part the following words have the meanings they have under the Pearling Act 1990 —

 

batch

pearl oyster farm

farm lease

quarantine site

hatchery

settlement

hatchery licence

spat

hatchery permit

spat collector

length

zone.

pearl oyster

 

(3)In this Part pearl oysters are of Western Australian origin if —

(a)in the case of hatchery produced spat, the spat is derived from pearl oysters taken from zone 1, 2 or 3 of the Western Australian pearl oyster fishery;

(b)in the case of spat collected from a spat collector, the spat collector is located in zone 1, 2 or 3 of the Western Australian pearl oyster fishery; or

(c)in the case of pearl oysters taken from the wild, the pearl oysters were taken from zone 1, 2 or 3 of the Western Australian pearl oyster fishery.

[Regulation 100 inserted in Gazette 17 Dec 1999 p. 6177‑8.]

101.Importation and transportation of pearl oysters

(1)A person shall not import live pearl oysters, other than spat, into the State.

Penalty: $5 000.

(2)A person shall not import live spat into the State unless —

(a)the spat are of Western Australian origin;

(b)the importation is authorised by the Chief Inspector; and

(c)there is a certificate of health in force in relation to the spat.

Penalty: $5 000.

(3)A person shall not transport live pearl oysters in the State unless —

(a)the pearl oysters are of Western Australian origin; or

(b)the transportation is authorised by the Chief Inspector.

Penalty: $5 000.

(4)A person intending to import or transport within this State live pearl oysters shall, if directed by the Chief Inspector, submit to an approved fish pathologist for genetic testing a sample of the pearl oysters taken in a manner directed by an approved fish pathologist.

[Regulation 101 inserted in Gazette 17 Dec 1999 p. 6178‑9.]

102.Samples of spat to be preserved

(1)The holder of a hatchery licence or a hatchery permit shall take a sample from each batch of spat that is settled in the hatchery —

(a)within 4 days of the end of settlement;

(b)every subsequent 14th day, unless a certificate of health is in force in respect of the batch; and

(c)not more than 24 hours before the spat is moved out of the hatchery.

(2)A sample taken for the purposes of subregulation (1) is to be —

(a)a random sample of not less than —

(i)for a sample taken under subregulation (1)(a) or (b), 50 spat; or

(ii)for a sample taken under subregulation (1)(c), 150 spat each of which is 2 mm or more in length;

(b)preserved in a solution of between 5% and 10% of formalin in sea water;

(c)stored in the manner directed by an approved fish pathologist and labelled with the date the sample was taken and the batch number; and

(d)retained —

(i)if the batch of spat is taken from the hatchery to a quarantine site, until all spat from that batch have been removed from the quarantine site; or

(ii)otherwise, for 6 weeks.

(3)An inspector may supervise the taking of samples under this regulation.

(4)A person shall not tamper with a sample taken under this regulation.

Penalty: $5 000.

[Regulation 102 inserted in Gazette 17 Dec 1999 p. 6179.]

103.When certificate of health is required

A person shall not transport pearl oysters —

(a)out of a hatchery;

(b)off a quarantine site; or

(c)out of a zone of the Western Australian pearl oyster fishery,

unless there is a certificate of health in force in relation to the pearl oysters.

Penalty: $5 000.

[Regulation 103 inserted in Gazette 17 Dec 1999 p. 6179‑80.]

104.Sampling for disease testing

(1)A sample of pearl oysters that is to be submitted to an approved fish pathologist for disease testing is to be —

(a)a random sample of at least 600 pearl oysters; and

(b)treated and preserved in the manner directed by an approved fish pathologist.

(2)A person shall not submit a sample of hatchery produced spat for disease testing unless the sample was taken —

(a)at least 40 days after the completion of settlement of that batch; and

(b)when the majority of the spat in the batch are 2 mm or more in length.

(3)An inspector may supervise the taking of samples under this regulation.

(4)A person shall not tamper with a sample taken under this regulation.

Penalty: $5 000.

(5)A person submitting a sample for disease testing shall also provide to the approved fish pathologist —

(a)a copy of the relevant Notice of Settlement of Spat or Notice of Pearling or Hatchery Activity lodged under the Pearling (General) Regulations 1991; and

(b)either —

(i)particulars in writing of any unexplained mortality, or clinical disease, of pearl oysters; or

(ii)a declaration, in the form of Form No. 11, that no such mortality has occurred, and no signs of clinical disease have been seen,

at the hatchery, quarantine site or other place where the pearl oysters are being held, during the previous 12 months.

(6)An approved fish pathologist may require a person submitting a sample for disease testing to —

(a)produce for inspection logbooks and other records kept by the holder of the relevant hatchery licence or hatchery permit;

(b)provide any other information relating to the health standards of the hatchery, quarantine site, or place where the pearl oysters are being held, that the pathologist considers relevant; and

(c)provide such further samples of pearl oysters as are required for further testing.

(7)A person submitting a sample for disease testing must comply with a requirement under subregulation (6).

Penalty: $5 000.

[Regulation 104 inserted in Gazette 17 Dec 1999 p. 6180‑1.]

105.Genetic testing

An approved fish pathologist shall carry out such genetic tests as the pathologist considers appropriate —

(a)when a sample of pearl oysters is submitted for genetic testing under regulation 101(4); or

(b)if directed by the Chief Inspector to do so in respect of a sample of pearl oysters submitted for disease testing.

[Regulation 105 inserted in Gazette 17 Dec 1999 p. 6181.]

106.Certificates of health

(1)An approved fish pathologist may issue a certificate of health in relation to pearl oysters if the pathologist has tested, in accordance with regulation 107, a sample of those pearl oysters and is satisfied that —

(a)the sampled pearl oysters are in good health; and

(b)there is no evidence of an unacceptable level of unexplained mortalities or clinical disease among pearl oysters at that hatchery, quarantine site or other place where the pearl oysters are being held, in the preceding 12 months.

(2)For the purposes of subregulation (1) a sample of pearl oysters is in good health if there is no evidence, among the sampled pearl oysters, of —

(a)any —

(i)virus;

(ii)protozoan (other than symbiotic or opportunistic protozoa);

(iii)metazoan parasites;

(iv)fungal infection;

(v)bacteria; or

(vi)rickettsiales,

that is —

(vii)associated with lesions, necrosis or inflammation of pearl oysters; or

(viii)known or suspected to be pathogenic to pearl oysters;

(b)unexplained lesions; or

(c)an unacceptable level of unexplained mortalities.

(3)A certificate of health remains in force for 2 weeks from the day on which it is issued unless, before then, it ceases to be in force under regulation 110.

(4)A certificate of health is to be in the form of Form No. 12.

[Regulation 106 inserted in Gazette 17 Dec 1999 p. 6181‑2.]

107.Method of disease testing

The tests required by regulation 106(1) to be carried out on a sample of pearl oysters are —

(a)a culture of at least 300 pearl oysters in Ray’s medium (Ray, S.M., 1966 Proceedings of the National Shellfisheries Association 54, 55‑66);

(b)a histological examination of at least 300 formalin‑seawater fixed pearl oysters using haematoxylin and eosin stained longitudinal sections of paraffin embedded tissue; and

(c)any other test that the pathologist considers appropriate.

[Regulation 107 inserted in Gazette 17 Dec 1999 p. 6182.]

108.Where certificate of health is not issued

(1)Where a sample of pearl oysters is submitted for disease testing but the approved fish pathologist is not satisfied of the matters referred to in regulation 106(1)(a) and (b) the pathologist is to give written notice to the person who submitted the sample —

(a)stating that a certificate of health will not be issued in relation to the pearl oysters; and

(b)setting out the reasons why not.

(2)Unless otherwise authorised by the Chief Inspector a person given a notice under subregulation (1) shall —

(a)within 24 hours of receiving the notice destroy, under the supervision of an inspector and in a manner approved by the Chief Inspector —

(i)all pearl oysters being held in the hatchery, quarantine site or other place from which the sample was taken; and

(ii)such other pearl oysters as the Chief Inspector directs;

(b)clean, disinfect and treat all equipment used in relation to the pearl oysters, in a manner approved by the Chief Inspector; and

(c)where the pearl oysters are in a hatchery, clean, disinfect and treat all water used in the hatchery, in a manner approved by the Chief Inspector.

(3)An inspector may give such additional directions as the inspector considers appropriate in relation to —

(a)the destruction of the pearl oysters;

(b)the cleaning, disinfecting or treatment of water and equipment; and

(c)the prevention or containment of disease.

[Regulation 108 inserted in Gazette 17 Dec 1999 p. 6182‑3.]

109.Pathologist to notify inspector

An approved fish pathologist to whom a sample of pearl oysters is submitted for disease testing is to notify a pearling inspector (within the meaning of the Pearling Act 1990) in Broome within 24 hours of —

(a)issuing a certificate of health; or

(b)determining that the pathologist is not prepared to issue a certificate of health,

in respect of the pearl oysters.

[Regulation 109 inserted in Gazette 17 Dec 1999 p. 6183.]

110.More than one batch on a quarantine site

(1)If a batch of spat is moved to a quarantine site at which there is already a batch of spat, any certificate of health in force in respect of that existing batch ceases to be in force.

(2)If 2 or more batches of spat are kept on a quarantine site at the same time the holder of the farm lease for the pearl oyster farm on which the quarantine site is located —

(a)shall keep the batches separate in an approved manner;

(b)shall sample all of the batches simultaneously; and

(c)must not submit a sample for disease testing unless it was taken at least 6 weeks after the arrival of the most recent batch.

(3)If an approved fish pathologist is not satisfied of the matters referred to in regulation 106(1)(a) and (b) in relation to a sample from one batch held on a quarantine site —

(a)the pathologist is not to issue a certificate of health in respect of any of the other batches held on the quarantine site; and

(b)is to give a notice under regulation 108(1) in respect of each of those other batches, even if the pathologist has not tested them.

[Regulation 110 inserted in Gazette 17 Dec 1999 p. 6183‑4.]

111.Removal of spat from quarantine site

The holder of the farm lease for a pearl oyster farm on which a quarantine site is located is to remove all spat in a batch from the quarantine site —

(a)by the next 31 December after the batch is moved to the quarantine site; or

(b)within 3 months of the batch being moved to the quarantine site,

whichever occurs first.

[Regulation 111 inserted in Gazette 17 Dec 1999 p. 6184.]

[112-114.Repealed in Gazette 18 Sep 1992 p. 4665.]

Part 13  Offences

115.General offence and penalty

(1)Any person who contravenes or fails to comply with — 

(a)any provision of these regulations except regulations 78B(2), 78C(1) and 78I(3); or

(b)any provision of a condition imposed by or under these regulations,

commits an offence.

(2)Any person who is guilty of an offence against these regulations is liable on conviction to the penalty expressly mentioned as the penalty for the offence, or if no other penalty is expressly mentioned, to a penalty not exceeding $1 000.

[Regulation 115 amended in Gazette 7 Aug 1987 p. 3127; 14 Jun 2005 p. 2608.]

116.False statement or hindrance of inspector

Any person who makes a false statement in any form given for the purposes of these regulations or who hinders or obstructs an inspector in the exercise or performance of any power or duty under these regulations commits an offence and is liable to a penalty of not less than $100 and not more than $1 000.

[Regulation 116 amended in Gazette 20 Aug 1982 p. 3362; 2 Nov 1984 p. 3553; 7 Aug 1987 p. 3127.]

117.Interference with objects of identification

Any person who removes, destroys or damages, or in any way interferes with any marks, notices, gates or fences made, posted or erected as being necessary for the better administration of these regulations, is liable on conviction to a penalty not exceeding $100.

[Regulation 117 amended in Gazette 7 Aug 1987 p. 3127.]

 

Schedule 1 — Enzootic diseases

[r. 4, 5, 6, 11 and 20]

[Heading inserted in Gazette 14 Jun 2005 p. 2590.]

Division 1 — Diseases foreign to Australia that, if identified, are subject to control measures

[Heading inserted in Gazette 14 Jun 2005 p. 2590.]

Subdivision 1 — Animal diseases

[Heading inserted in Gazette 14 Jun 2005 p. 2590.]

African horse sickness

Aujeszky’s disease

Borna disease

Bovine brucellosis

Caprine brucellosis

Chagas’ disease

Chronic wasting disease of deer

Contagious agalactia in sheep

Contagious bovine pleuropneumonia

Contagious caprine pleuropneumonia

Contagious equine metritis

Dourine

Duck virus enteritis (Duck plague)

Duck virus hepatitis

East Coast fever (Theileriosis)

Encephalitides (tick borne)

Enterovirus encephalomyelitis (Teschen disease)

Epizootic lymphangitis

Equine encephalomyelitis (Eastern, Western and Venezuelan)

Equine encephalosis

Equine influenza

Equine piroplasmosis (babesiosis)

Equine viral arteritis

Getah virus infection

Glanders

Goat pox

Haemorrhagic septicaemia

Heartwater

Infectious bursal disease (hypervirulent form)

Japanese encephalitis

Jembrana disease

Louping Ill

Lumpy skin disease

Maedi‑Visna

Malignant catarrhal fever (wildebeest associated)

Nairobi sheep disease

Nipah virus infection

Peste des petits ruminants

Porcine cysticercosis (C. cellulosae)

Porcine reproductive and respiratory syndrome

Post weaning multisystemic wasting syndrome

Potomac fever

Pulmonary adenomatosis (Jaagsiekte)

Rift Valley fever

Scrapie

Sheep pox

Sheep scab

Surra

Swine influenza

Transmissible gastroenteritis

Transmissible spongiform encephalopathy

Trichinellosis

Trypanosomiasis

Tularaemia

Warble fly infestation

Wesselsbron disease

West Nile virus infection ‑ clinical

[Subdivision 1 inserted in Gazette 14 Jun 2005 p. 2590‑1.]

Subdivision 2 — Crustacean diseases

[Heading inserted in Gazette 14 Jun 2005 p. 2591.]

Baculoviral midgut gland necrosis

Crayfish plague

GAV/LOV virus of prawns

Infectious hypodermal and haemopoietic necrosis virus

Necrotising hepatopancreatitis

Spawner isolated mortality virus infection

Taura syndrome

White spot disease

Yellowhead disease

[Subdivision 2 inserted in Gazette 14 Jun 2005 p. 2591.]

Subdivision 3 — Fish diseases

[Heading inserted in Gazette 14 Jun 2005 p. 2592.]

Aeromonas salmonicida infection (Furunculosis)

Bacterial kidney disease (Renibacterium salmoninarium)

Channel catfish virus disease

Enteric redmouth disease (Yersinia ruckeri)

Enteric septicaemia of catfish (Edwardsiella ictaluri)

Gyrodactylosis (Gyrodactylus salaris)

Infectious haematopoietic necrosis

Infectious pancreatic necrosis

Infectious salmon anaemia

Oncorhynchus masou disease

Piscirickettsiosis

Red sea bream iridoviral disease

Spring viraemia of carp

Viral haemorrhagic septicaemia

Whirling disease of salmonids

White sturgeon iridoviral disease

[Subdivision 3 inserted in Gazette 14 Jun 2005 p. 2592.]

Subdivision 4 — Mollusc diseases

[Heading inserted in Gazette 14 Jun 2005 p. 2592.]

Akoya oyster disease

Iridovirus

Withering syndrome of abalone

[Subdivision 4 inserted in Gazette 14 Jun 2005 p. 2592.]

Division 2 — Diseases not foreign to Australia that, if identified, are subject to control measures

[Heading inserted in Gazette 14 Jun 2005 p. 2592.]

Subdivision 1 — Animal diseases

[Heading inserted in Gazette 14 Jun 2005 p. 2592.]

Anthrax

Bovine Johne’s disease

Bovine tuberculosis

Equine infectious anaemia

Liver fluke

Menangle virus infection

Porcine brucellosis (Brucella suis)

Trichinosis

Virulent footrot (infection with protease thermostable strains of Dichelobacter nodosus) in sheep and goats

[Subdivision 1 inserted in Gazette 14 Jun 2005 p. 2592.]

Subdivision 2 — Fish diseases

[Heading inserted in Gazette 14 Jun 2005 p. 2592.]

Epizootic haemopoietic necrosis (Redfin virus)

Herpesvirus infection of Koi carp

Viral encephalopathy and retinopathy

[Subdivision 2 inserted in Gazette 14 Jun 2005 p. 2592.]

Division 3 — Diseases present only in the Kimberley

[Heading inserted in Gazette 14 Jun 2005 p. 2593.]

Anaplasmosis

Babesiosis

Cattle tick infestation

[Division 3 inserted in Gazette 14 Jun 2005 p. 2593.]

Division 4 — Diseases that, if identified, might be subject to control measures

[Heading inserted in Gazette 14 Jun 2005 p. 2593.]

Subdivision 1 — Animal diseases

[Heading inserted in Gazette 14 Jun 2005 p. 2593.]

Australian bat lyssavirus infection

Enzootic bovine leucosis

Equine herpes virus 1 infection (abortogenic and neurological strains)

Footrot in sheep and goats (U5 protease thermo‑unstable strain of Dichelobacter nodosus)

Hendra virus infection

Non virulent Newcastle disease

Ovine Johne’s disease

Porcine circovirus type 2 infection (pathogenic strains)

Porcine myocarditis

Salmonella abortus equi infection in horses

Salmonella abortus ovis infection in sheep

Salmonella enteritidis infection in poultry

Virulent footrot (infection with protease thermostable strains of Dichelobacter nodosus) in ruminants other than sheep and goats

[Subdivision 1 inserted in Gazette 14 Jun 2005 p. 2593.]

Subdivision 2 — Crustacean diseases

[Heading inserted in Gazette 14 Jun 2005 p. 2593.]

Microsporidiosis

Spherical baculovirus (Penaeus monodon type baculovirus)

[Subdivision 2 inserted in Gazette 14 Jun 2005 p. 2593.]

Subdivision 3 — Fish diseases

[Heading inserted in Gazette 14 Jun 2005 p. 2593.]

Aeromonas salmonicida infection (Goldfish ulcer disease)

Anguillicola nematode of eels

Epizootic ulcerative syndrome

[Subdivision 3 inserted in Gazette 14 Jun 2005 p. 2593.]

Subdivision 4 — Mollusc diseases

[Heading inserted in Gazette 14 Jun 2005 p. 2593.]

Bonamiosis

Haplosporidiosis

Marteiliosis

Mikrocytosis (Mykrycytois mackii and M. roughleyi)

Perkinsosis

[Subdivision 4 inserted in Gazette 14 Jun 2005 p. 2593.]

Division 5 — Diseases that are subject to control measures in extreme cases

[Heading inserted in Gazette 14 Jun 2005 p. 2594.]

Ked infestation of sheep

Lice infestation of sheep

[Division 5 inserted in Gazette 14 Jun 2005 p. 2594.]

Schedule 2 — Restrictions on introduction of stock from other parts of the Commonwealth

[r. 29]

[Heading inserted in Gazette 14 Jun 2005 p. 2594.]

Division 1 — General

[Heading inserted in Gazette 14 Jun 2005 p. 2594.]

1.Notification of arrival

Notification not less than 3 days before the expected date and time of arrival shall be given of the expected date and time of the arrival of the stock to an inspector at the inspection post through which the stock are to be moved into the State.

[Clause 1 inserted in Gazette 2 Nov 1984 p. 3554.]

1A.Stock excludes poultry

In items 1, 2, 3, 4, 5, 6 and 7, stock excludes poultry.

[Clause 1A inserted in Gazette 18 Sep 1992 p. 4665.]

2.Inspection before movement

Stock shall not be moved into the State unless the stock — 

(a)have been inspected by a qualified government veterinary officer or inspector not more than 7 days prior to movement for the purposes of ensuring that the stock conform to such of the requirements of the Schedule as apply in relation to the stock;

(b)have been isolated from other stock not of the same health status prior to movement into the State; and

(c)have been certified according to the certification requirements of these regulations that apply in relation to the stock by a government veterinary surgeon of the State or Territory in which the property of origin of the stock is situate.

[Clause 2 inserted in Gazette 2 Nov 1984 p. 3554.]

3.Stopping places

Stock shall not be allowed to stop en route to the State except at approved stopping places.

[Clause 3 inserted in Gazette 2 Nov 1984 p. 3554.]

4.Vehicle to be clean

Any vehicle that is used for transporting stock shall be clean.

[Clause 4 inserted in Gazette 2 Nov 1984 p. 3554.]

5.Separate movement

Stock shall not be moved in such a way that they have contact with any stock of lesser health status.

[Clause 5 inserted in Gazette 2 Nov 1984 p. 3554.]

6.Stock to be in general good health

In addition to the particular requirements set out in this Schedule stock shall be in a good general state of health.

[Clause 6 inserted in Gazette 2 Nov 1984 p. 3554.]

7.Certificate to be furnished

(1)A certificate in the approved form stating that the stock conform to the requirements of this Schedule shall be completed in accordance with the directions given on the form and shall be furnished to an inspector at the inspection post through which the stock are being moved into the State.

[(2)deleted]

[Clause 7 inserted in Gazette 2 Nov 1984 p. 3554; amended in Gazette 18 Sep 1992 p. 4666.]

Division 2 — Cattle not for immediate slaughter

[Heading inserted in Gazette 14 Jun 2005 p. 2594.]

8.Liver fluke

Cattle shall not be moved into any portion of the State other than the Kimberley Area of the State unless the cattle have been treated with an approved anthelmintic for liver fluke on a date within 14 days of their movement and the date and type of treatment shall be certified by a government veterinary surgeon in the State or Territory in which the property of origin is situate.

[Clause 8 inserted in Gazette 2 Nov 1984 p. 3554.]

9.Further treatment on entry to the State

(1)Cattle shall not be brought into any portion of the State that is within the district of any of the following local authorities, namely — 

The cities of Nedlands, Perth 2, Subiaco, Stirling, Cockburn, Fremantle, Melville, Canning, Gosnells and South Perth; the towns of Claremont, Cottesloe, Mosman Park, Bassendean and East Fremantle; and the shires of Bayswater 3, Kalamunda, Mundaring, Swan 3, Wanneroo 4, Kwinana 5, Rockingham 3, Armadale‑Kelmscott 6, Belmont 3, Serpentine‑Jarrahdale.

The shires of Mandurah 3, Murray, Waroona, Harvey, Dardanup, Collie, Capel, Busselton, Donnybrook 7, Balingup 7, Augusta‑Margaret River, Manjimup, Nannup and the City of Bunbury,

unless, prior to the movement of the cattle, the property of destination — 

(a)has been approved as being free from the liver fluke vector snail; and

(b)has approved facilities for the holding of the cattle and their treatment for liver fluke.

(2)Cattle entering any portion of the State except the Kimberley Division, shall be subjected to 2 further treatments of an approved anthelmintic under the supervision of an inspector as follows — 

(a)the first treatment shall be administered not earlier than 19 days and not later than 22 days after the treatment administered prior to movement of the stock into the State;

(b)the second treatment shall be administered not earlier than 56 and not later than 63 days after the treatment administered prior to movement of the stock into the State.

(3)Where an approved anthelmintic is supplied by the Department of Agriculture for the purposes of a treatment referred to in subclause (2), the owner of the cattle so treated shall pay to that Department the cost of the supply of that anthelmintic.

[Clause 9 inserted in Gazette 2 Nov 1984 p. 3554; amended in Gazette 7 Feb 1986 p. 462; 1 Aug 1986 p. 2772.]

9A.Dairy cattle

(1)Dairy cattle must not be moved into the State unless the cattle are certified as having a status, in relation to enzootic bovine leucosis, of or equivalent to Accredited Free, Bulk Milk Test Negative, Certified Free, Monitored Negative or Tested Negative.

(2)In this item —

Bulk Milk Test Negative has the same meaning as in the National Guidelines;

certified, in relation to cattle, means certified by a person authorised by the corresponding authority of the State or Territory from which the cattle are to be moved;

Certified Free has the same meaning as in the National Guidelines;

Monitored Negative has the same meaning as in the National Guidelines;

National Guidelines means the National Guidelines for Control and Eradication of Enzootic Bovine Leucosis in Dairy Cattle published by the Commonwealth Department of Primary Industry and Energy;

Tested Negative has the same meaning as in the National Guidelines.

[Clause 9A inserted in Gazette 13 Nov 1998 p. 6204.]

10.Ephemeral fever

Cattle shall not be moved to the State from a property on which there has been a case of ephemeral fever within 30 days prior to the movement.

[Clause 10 inserted in Gazette 2 Nov 1984 p. 3554.]

11.Trichomoniasis

Cattle shall not be moved to the State from a property on which Trichomoniasis has been known to exist or is suspected to have existed at any time within 5 years prior to movement.

[Clause 11 inserted in Gazette 2 Nov 1984 p. 3555.]

12.Johne’s Disease

Cattle shall not be moved to the State if Johne’s Disease exists or is known or suspected to have existed on the property of birth of each animal or on any other property on which each animal has grazed in the 5 years immediately prior to the date of that birth or grazing history.

[Clause 12 inserted in Gazette 2 Nov 1984 p. 3555.]

13.Tuberculosis status

(1)Cattle shall be certified by a government veterinary surgeon of the State or Territory in which the property of origin is situate, as coming from a herd having one of the following statuses (whichever applies) in relation to tuberculosis, namely — 

(a)tuberculosis accredited free;

(b)tuberculosis confirmed free;

(c)tuberculosis tested negative;

(d)tuberculosis monitored negative.

(2)Where cattle are certified as being tuberculosis monitored negative the cattle shall not be introduced into the State unless the cattle have been tuberculin tested within 30 days prior to movement with negative results.

[Clause 13 inserted in Gazette 2 Nov 1984 p. 3555.]

14.Brucellosis

(1)In this clause — 

(a)the description of a herd by the term “accredited free”, “confirmed free”, “tested negative”, “monitored negative”, “provisionally clear”, “non‑assessed”, “suspect”, “infected” or “restricted” is a description of the herd by reference to its status in relation to the disease brucellosis;

(b)the description of an area by the term “free”, “provisionally free”, “eradication”, or “control” is a description of the area by reference to its status in relation to the disease brucellosis;

(c)certified means certified by a government veterinary officer of the State or Territory from which the cattle the subject of the certificate originate.

(2)A certificate shall not be given for the purposes of this clause unless the cattle the subject of the certificate have been on the property of origin for a period of not less than 12 months but individual animals that have not been on the property for that period may be included in the certificate if those animals had, at the time of introduction to the herd, the same or higher status in relation to brucellosis as the other cattle the subject of the certificate.

(3)Breeding cattle that are certified as coming from — 

(a)a herd having a status specified in column 1 of the Table to this subclause; and

(b)a property of origin situate in an area having a status specified in column 2 of the Table to this subclause opposite and corresponding to the herd specified in column 1,

may be moved to a portion of the State specified in column 3 of the table to this subclause opposite and corresponding to the kind of herd and property of origin without restriction except that any pregnant female in a consignment of cattle, other than a pregnant female from an accredited free herd or confirmed free herd in a free area, shall be isolated on introduction into the State and re‑tested by the complement fixation test not less than 15 and not more than 45 days after calving.

Table 1

Column 1

Brucellosis status of herd from which

cattle originate

Column 2

Brucellosis status of area of property of origin

Column 3

Area of State to

which cattle are to be

moved

Accredited Free

Confirmed Free

Free Area

Kimberley Free Area

Southern Free Area

(4)Breeding cattle that are certified as coming from — 

(a)a herd having a status specified in column 1 of the Table to this subclause; and

(b)a property of origin situate in an area having a status specified in column 2 of the Table to this subclause opposite and corresponding to the herd specified in column 1,

shall not be moved to a portion of the State specified in column 3 of the Table to this subclause opposite and corresponding to the herd specified in column 1 and the area specified in column 2 unless each breeding animal among the cattle being moved has been — 

(c)held in isolation not less than 30 days prior to movement; and

(d)tested by the complement fixation test with negative results,

and any pregnant female in the consignment of cattle shall be isolated on introduction to the State and re‑tested by the complement fixation test not less than 15 and not more than 45 days after calving.

Table 2

Column 1

Brucellosis status of

herd from which

cattle originate

Column 2

Brucellosis status of area of property of origin

Column 3

Area of State to

which cattle are to be

moved

Accredited Free

Confirmed Free

Provisionally Area

Kimberley Free Area

Southern Free Area

Tested Negative

Monitored Negative

Free Area

 

(5)Breeding cattle that are certified as coming from — 

(a)a herd having a status specified in column 1 of the Table to this subclause; and

(b)a property of origin situated in an area having a status specified in column 2 of the Table to this subclause opposite and corresponding to the herd specified in column 1,

shall not be moved into a portion of the State specified in column 3 of the Table to this subclause opposite and corresponding to the herd specified in column 1 and the area specified in column 2 unless — 

(c)the cattle consist only of bulls;

(d)each entire male animal among the cattle being moved has been held in isolation and tested by the complement fixation test on 2 occasions with an interval of 60 to 90 days between each test with negative results, the second of such tests having been conducted within 14 days of the movement; and

(e)each animal has been examined clinically and shown no evidence of disease.

Table 3

Column 1

Brucellosis status of

herd from which

cattle originate

Column 2

Brucellosis status of
area of property of

origin

Column 3

Area of State to

which cattle are to be

moved

Tested Negative Herd

Monitored Negative Herd

Provisionally Free Area

Kimberley Free Area

Southern Free Area

(6)Breeding cattle that come from — 

(a)a herd having a status specified in column 1 of the Table to this subclause; and

(b)a property of origin situated in an area having a status specified in column 2 of the Table to this subclause opposite and corresponding to the herd specified in column 1,

shall not be moved into a portion of the State specified in column 3 of the Table opposite and corresponding to the herd specified in column 1 and the area specified in column 2.

Table 4

Column 1

Brucellosis status of herd from which

cattle originate

Column 2

Brucellosis status of
area of property

of origin

Column 3

Area of State to

which cattle are to be

moved

Provisionally Clear Herd

Non‑assessed Herd

Suspect Herd

Infected Herd

Restricted Herd

Provisionally Free Area

Free Area

Kimberley Free Area

Southern Free Area

[Clause 14 inserted in Gazette 2 Nov 1984 p. 3554‑7; amended in Gazette 31 May 1985 p. 1905‑6 (erratum in Gazette 9 Aug 1985 p. 2890); 1 Aug 1986 p. 2772.]

15.Identification

Each animal in a consignment shall be identified by an NLIS device or identification approved under regulation 80(3).

[Clause 15 inserted in Gazette 2 Nov 1984 p. 3557; amended in Gazette 14 Jun 2005 p. 2608 and 2619.]

16.Prior approval for pregnant cattle

Separate prior approval shall be obtained for each pregnant animal.

[Clause 16 inserted in Gazette 2 Nov 1984 p. 3557.]

17.Cattle tick

(1)Cattle shall be free from ticks.

(2)Where the cattle are being moved from Queensland or the Northern Territory the cattle shall be sprayed or dipped with an approved insecticide immediately before movement unless in the period of 35 days immediately before movement the cattle were held on an area not known or suspected to be infected with cattle tick.

[Clause 17 inserted in Gazette 2 Nov 1984 p. 3557.]

Division 3 — Sheep and goats not for immediate slaughter

[Heading inserted in Gazette 14 Jun 2005 p. 2594.]

18.Residence on property of origin

(1)Sheep or goats shall not be moved into the State unless the sheep or goats have been born and bred on the property from which they are to be moved to the State or have been on the property for a period of not less than 1 year except for periods of temporary removal for the purposes of an agricultural show or for sale.

(2)Where sheep or goats have been moved for the purpose of an agricultural show or sale, movement of the sheep or goats to the State is prohibited unless effective precautions against contamination with footrot have been taken during the period of their absence from the property of origin.

[Clause 18 inserted in Gazette 2 Nov 1984 p. 3557.]

19.Property of origin

Sheep or goats shall not be moved into the State if any sheep or goats on the property from which they originate have been infected or are suspected to have been infected with footrot within a period of 2 years prior to the movement of the sheep or goats.

[Clause 19 inserted in Gazette 2 Nov 1984 p. 3557.]

19A.Precautions

Except in the case of sheep or goats from South Australia, sheep or goats shall not be moved into the State unless they have been subjected to an approved treatment providing precautions against contamination with footrot within 14 days prior to movement and the date and type of treatment have been certified by a government veterinary surgeon in the State or Territory in which the property is situated.

[Clause 19A inserted in Gazette 1 Aug 1986 p. 2772.]

20.Footrot

Sheep or goats shall not be moved into the State if the sheep or goats — 

(a)have been vaccinated against footrot; or

(b)have been in contact with any sheep or goats that are or have been affected by footrot in the period of 12 months immediately preceding movement.

[Clause 20 inserted in Gazette 2 Nov 1984 p. 3557.]

21.Liver fluke

(1)Sheep or goats shall not be moved into the State unless they have been treated with an approved anthelmintic within 14 days prior to movement and the date and type of treatment have been certified by a government veterinary surgeon in the State or Territory in which the property is situate.

(2)Sheep or goats shall not be brought into any portion of the State that is within the district of any of the following local authorities, namely — 

The cities of Nedlands, Perth 2, Subiaco, Stirling, Cockburn, Fremantle, Melville, Canning, Gosnells and South Perth; the towns of Claremont, Cottesloe, Mosman Park, Bassendean and East Fremantle; and the shires of Bayswater 3, Kalamunda, Mundaring, Swan 3, Wanneroo 4, Kwinana 5, Rockingham 3, Armadale‑Kelmscott 6, Belmont 3, Serpentine‑Jarrahdale.

The shires of Mandurah 3, Murray, Waroona, Harvey, Dardanup, Collie, Capel, Busselton, Donnybrook 7, Balingup 7, Augusta‑Margaret River, Manjimup, Nannup and the City of Bunbury,

unless, prior to the movement of the animals, the property of destination — 

(a)has been approved as being free from the liver fluke vector snail; and

(b)has approved facilities for the holding of the sheep or goats and their treatment for liver fluke.

(3)Sheep or goats entering any portion of the State except the Kimberley Division, shall be subjected to 2 further treatments of an approved anthelmintic under the supervision of an inspector as follows — 

(a)the first treatment shall be administered not earlier than 19 days and not later than 22 days after the treatment administered prior to the movement of the stock into the State; and

(b)the second treatment shall be administered not earlier than 56 and not later than 63 days after the treatment administered prior to the movement of the stock into the State.

(4)Where an approved anthelmintic is supplied by the Department of Agriculture for the purposes of a treatment referred to in subclause (3), the owner of the sheep or goats so treated shall pay to that Department the cost of the supply of that anthelmintic.

[Clause 21 inserted in Gazette 2 Nov 1984 p. 3557‑8; amended in Gazette 7 Feb 1986 p. 462; 1 Aug 1986 p. 2772.]

22.Lice and keds

Sheep shall not be moved into the State unless they are free from lice and keds.

[Clause 22 inserted in Gazette 2 Nov 1984 p. 3558.]

23.Ovine brucellosis

Rams shall not be moved into the State unless they — 

(a)originate from an ovine brucellosis accredited free flock; or

(b)within 90 days preceding movement, have been subjected to the complement fixation test for ovine brucellosis with negative results.

[Clause 23 inserted in Gazette 2 Nov 1984 p. 3558; amended in Gazette 8 Jul 1988 p. 2418.]

24.Johne’s Disease

Sheep or goats shall not be moved into the State unless the herd from which they are derived is on a property in which Johne’s Disease has not been known to exist or suspected to have existed during the period of 5 years immediately prior to movement.

[Clause 24 inserted in Gazette 2 Nov 1984 p. 3558.]

24A.Johne’s Disease of goats

Goats shall not be moved into the State unless they have proven negative to an approved test for Johne’s Disease within 14 days prior to movement.

[Clause 24A inserted in Gazette 1 Aug 1986 p. 2772.]

24B.Caprine arthritis‑encephalitis

Goats shall not be moved into the State unless they have been examined by a government veterinary surgeon in the State or Territory from which they originate and have been certified by that veterinary surgeon to be free of clinical arthritis‑encephalitis.

[Clause 24B inserted in Gazette 3 Apr 1987 p. 1265.]

25.Identification of sheep and goats

Sheep and goats shall not be moved into the State unless they can be identified to their property of origin by means of a wool brand, ear tag, tattoo or some other approved identification.

[Clause 25 inserted in Gazette 2 Nov 1984 p. 3558.]

Division 4 — Cattle and sheep for immediate slaughter

[Heading inserted in Gazette 14 Jun 2005 p. 2594.]

26.Cattle for immediate slaughter — brucellosis

Breeding cattle shall not be moved to the State for the purposes of immediate slaughter at an abattoir in the Kimberley Division of the State unless each animal, including spayed females but not including bulls, from a brucellosis non‑assessed herd, a brucellosis provisionally clear herd, a brucellosis infected herd, or a brucellosis restricted herd has been subjected to a serological test for brucellosis with negative results at least 30 days immediately before movement.

[Clause 26 inserted in Gazette 2 Nov 1984 p. 3558.]

27.Cattle for immediate slaughter — tuberculosis

Cattle shall not be moved to the State for the purposes of immediate slaughter at an abattoir outside the Kimberley Division unless the cattle are certified by a government veterinary officer or Inspector of Stock of the State in which the property of origin is situate as coming from a herd having one of the following statuses (whichever applies in relation to the cattle) — namely — 

(a)tuberculosis accredited free;

(b)tuberculosis confirmed free;

(c)tuberculosis tested negative; or

(d)tuberculosis monitored negative,

and unless each breeding animal including spayed females is certified by a government veterinary officer as coming from a herd having one of the following statuses, namely — 

(e)brucellosis accredited free;

(f)brucellosis confirmed free;

(g)brucellosis tested negative;

(h)brucellosis monitored negative.

[Clause 27 inserted in Gazette 2 Nov 1984 p. 3558.]

28.Sheep and cattle

Sheep and cattle shall not be moved to the State for the purposes of immediate slaughter at an abattoir outside the Kimberley Division of the State unless each animal being moved has been treated for liver fluke with an approved anthelmintic not more than 14 days prior to movement.

[Clause 28 inserted in Gazette 2 Nov 1984 p. 3558; amended in Gazette 1 Aug 1986 p. 2772.]

29.Cattle and sheep to be identifiable

(1)Cattle or sheep shall not be moved to the State for the purpose of immediate slaughter at an abattoir outside the Kimberley Division of the State unless each animal being moved is identified by a paint or wool brand as the case requires, and in the case of cattle each animal is identified by an NLIS device.

(2)Cattle shall not be moved to the State for the purpose of slaughter at an abattoir inside the Kimberley Division unless each animal being moved is identified by an NLIS device and in addition cattle derived from tuberculosis infected premises shall be marked by a paint mark along the animal’s back.

[Clause 29 inserted in Gazette 2 Nov 1984 p. 3559; amended in Gazette 14 Jun 2005 p. 2609 and 2619.]

Division 5 — Swine

[Heading inserted in Gazette 14 Jun 2005 p. 2594.]

30.Swine brucellosis

Swine shall not be moved to the State from Queensland or any part of the Northern Territory that is north of the Tropic of Capricorn unless the swine are derived from — 

(a)a herd that is a brucellosis accredited free herd; or

(b)a herd in which swine brucellosis is not known to exist and each animal being moved has been subjected to a blood test for swine brucellosis with negative results within 30 days before movement.

[Clause 30 inserted in Gazette 2 Nov 1984 p. 3559.]

[Heading deleted in Gazette 18 Sep 1992 p. 4666.]

[31, 32.Deleted in Gazette 18 Sep 1992 p. 4666.]

Division 6 — Deer

[Heading inserted in Gazette 14 Jun 2005 p. 2594.]

33.Liver fluke

(1)Deer shall not be moved to the State unless they have been treated with an approved anthelmintic within 14 days prior to movement and the date and type of treatment shall be certified by a government veterinary surgeon in the State or Territory in which the property of origin is situate.

(2)Deer shall not be brought into any portion of the State that is within the district of any of the following local authorities, namely — 

The cities of Nedlands, Perth 2, Subiaco, Stirling, Cockburn, Fremantle, Melville, Canning, Gosnells and South Perth; the towns of Claremont, Cottesloe, Mosman Park, Bassendean and East Fremantle; and the shires of Bayswater 3, Kalamunda, Mundaring, Swan 3, Wanneroo 4, Kwinana 5, Rockingham 3, Armadale‑Kelmscott 6, Belmont 3, Serpentine‑Jarrahdale.

The shires of Mandurah 3, Murray, Waroona, Harvey, Dardanup, Collie, Capel, Busselton, Donnybrook 7, Balingup 7, Augusta‑Margaret River, Manjimup, Nannup and the City of Bunbury, unless, prior to the movement of the deer, the property of destination — 

(a)has been approved as being free from the liver fluke vector snail; and

(b)has approved facilities for the holding of the deer and their treatment for liver fluke.

(3)Deer entering any portion of the State except the Kimberley Division, shall be subjected to 2 further treatments of an approved anthelmintic under the supervision of an inspector as follows — 

(a)the first treatment shall be administered not earlier than 19 days and not later than 22 days after the treatment administered prior to movement of the stock into the State;

(b)the second treatment shall be administered not earlier than 56 and not later than 63 days after the treatment administered prior to movement of the stock into the State.

(4)Where an approved anthelmintic is supplied by the Department of Agriculture for the purposes of a treatment referred to in subclause (3), the owner of the deer so treated shall pay to that Department the cost of the supply of that anthelmintic.

[Clause 33 inserted in Gazette 2 Nov 1984 p. 3559‑60; amended in Gazette 7 Feb 1986 p. 462; 1 Aug 1986 p. 2772.]

34.Tuberculosis and brucellosis

Deer shall not be moved to the State from any State or Territory, other than Tasmania, unless they have been subjected to intradermal tests for tuberculosis and serological tests for brucellosis with negative results within 30 days before movement.

[Clause 34 inserted in Gazette 2 Nov 1984 p. 3560.]

Division 7 — Pearl oysters

[Heading inserted in Gazette 14 Jun 2005 p. 2595.]

35.Pearl oysters

Pearl oysters (Pinctada maxima) shall not be brought into the State.

[Clause 35 inserted in Gazette 15 Dec 1992 p. 6016.]

Division 8 — Semen and embryos

[Heading inserted in Gazette 14 Jun 2005 p. 2595.]

36.Semen

(1)Semen collected from camelids, cattle, deer, goats or sheep must not be moved into the State unless —

(a)the collection and handling of the semen meets the standards set down in the Minimum Health Standards for Stock Standing at Licensed or Approved Artificial Breeding Centres in Australia, published by the Commonwealth Department of Primary Industry and Energy; or

(b)a person authorised by the corresponding authority in the State or Territory in which the semen was collected has certified that the animal from which the semen was collected —

(i)had, at the time of collection of the semen, a status in relation to Johne’s disease of or equivalent to Monitored Negative; or

(ii)was derived from a herd or flock in which Johne’s disease was not known to exist, and was, within the period beginning 30 days before the collection of the semen and ending when the semen is moved into the State, subjected to an approved test for Johne’s disease with negative results.

(2)In item (1) —

Monitored Negative, in relation to a species of stock, has the same meaning as in the Rules and Guidelines of the Australian Johne’s Disease Market Assurance Program published by the Australian Animal Health Council Ltd for that species.

[Clause 36 inserted in Gazette 13 Nov 1998 p. 6204‑5.]

37.Embryos

Embryos must not be moved into the State unless the collection and handling of the embryos meets the standards for the collection and handling of embryos published by the Australian Embryo Transfer Society in conjunction with the Australian Veterinary Association.

[Clause 37 inserted in Gazette 13 Nov 1998 p. 6205.]

Schedule 3  Forms

[r. 4]

[Heading inserted in Gazette 14 Jun 2005 p. 2595.]

Form No. 1

Stock Diseases (Regulations) Act 1968

[Reg. 11]

QUARANTINE ORDER

To ...................................................

I hereby order into quarantine the animal(s) more particularly described below, of which you are or appear to be the owner or person in charge, (and which are at present depasturing on property situated at ................................................... in the Shire of ............................................. and I hereby quarantine that property and also any animal that may enter that property subsequently to this order).

DELETE WORDS IN BRACKETS IF NOT APPLICABLE

Kind of Animal

Number

Sex

Description

Brands

Disease

 

 

 

 

 

 

 

 

 

 

 

 

Signed ...............................................

Inspector of Stock

Address .............................................

Date ..................................................

NOTE. — This order must be retained and produced when the animals are released from quarantine.

Form No. 2

Stock Diseases (Regulations) Act 1968

[Reg. 11]

RELEASE FROM QUARANTINE

To ..............................................................

I hereby release from quarantine the animal(s) more particularly described below (which are at present depasturing on property situated at ...........................

.................................... in the Shire of ....................................... and I also hereby release from quarantine that property).

DELETE WORDS IN BRACKETS IF NOT APPLICABLE

Kind of Animal

Number

Sex

Description

Brands

Remarks

 

 

 

 

 

 

 

 

 

 

 

 

 

Signed ...............................................

Inspector of Stock

Address .............................................

Date ..................................................

Quarantine Order No. ..................................

....................................... 20.......

Form No. 3

Stock Diseases (Regulations) Act 1968

[Regs. 13, 34A, 86, 101]

PERMIT TO MOVE STOCK/ANIMAL PRODUCTS

I hereby permit .......................................................................................................

(Name of Consignor)

of ........................................................................................................... to consign

(Address of Consignor)

the undermentioned stock/animal products from ...................................................

to ............................................. for the purpose of .................................................

.................................................................................................................................

and subject to the following conditions:

.................................................................................................................................

.................................................................................................................................

.................................................................................................................................

DESCRIPTION

BRANDS/ EARMARKS

TAG
NO.

DATES/RESULTS OF BIOLOGICAL TESTS/DIPPINGS

 

 

 

 

 

 

Name and Address of Consignee ...........................................................................

Name and Address of Person
in charge of stock in transit ...................................................................................

Date of Movement .................................................................................................

Type of Transport ..................................................................................................

Name of Stock Agent .............................................................................................

The stock are/are not under quarantine restrictions.(Quarantine

Order No. ......................)

Inspector..........................................Address ........................................

........................................

Date.........................................................................................

[Form 3 inserted in Gazette 4 Dec 1981 p. 5036; amended in Gazette 8 Aug 1986 p. 2872; 14 Jun 2005 p. 2609.]

Form No. 4

Stock Diseases (Regulations) Act 1968

[Reg. 18]

DESTRUCTION ORDER — STOCK

To ...................................................

The animal(s) more particularly described below are affected with ......................

(mention disease), and you are hereby required to (a) destroy such animal(s), or (b) isolate and deliver such animal(s) to ................................. for conveyance per ..........................................................................................................................

.............................................. to the abattoirs at .....................................................

on or before .................................. day of .......................................... 20......., for the purpose of immediate slaughter.

No.

Description

Sex

Brands

Name and Address of Owner

Location of Stock

 

 

 

 

 

 

 

 

 

 

Signed ...............................................

Inspector of Stock.

Address .............................................

Date ..................................................

Form No. 5

Stock Diseases (Regulations) Act 1968

[Reg. 32]

PERMIT TO ENTER (STOCK)

To the *Owner/Agent/Person in Charge ................................................................

The animal(s) more particularly described below, which arrived at .....................

on the .................................... 20......... per ............................................. has/have been inspected and is/are permitted to enter Western Australia.

No.

Description

Brands

State of Origin

Name and Address of Owner

Name and Address of Consignee

 

 

 

 

 

 

 

 

 

 

 

 

 

Inspector of Stock .............................

Date ..................................................

Address .............................................

* Strike out where not applicable.

[Forms 6, 6A, 6B, 6C deleted in Gazette 2 Nov 1984 p. 3560.]

[Forms 7, 8 and 9 deleted in Gazette 4 Feb 1977 p. 375.]

Form No. 10

Stock Diseases (Regulations) Act 1968

[Reg. 52]

PERMIT TO ENTER ANIMAL PRODUCTS

To the *Owner/Agent/Person‑in‑Charge ..............................................................

The animal products more particularly described below, which arrived at ...........

............................ on the ................................ 20....... per ..................................... are permitted to enter Western Australia.

No.

Description

Brands or

Marks

State of Origin

Name and Address of Consignor

Name and Address of Consignee

 

 

 

 

 

 

 

 

 

 

 

 

Inspector of Stock .............................

Address .............................................

Date ..................................................

* Strike out where not applicable.

Form No. 11

Stock Diseases (Regulations) Act 1968

DECLARATION REGARDING

MORTALITY AND DISEASE OF PEARL OYSTERS

[r. 104(5)(b)(ii)]

Name: __________________________________________________________

Address: ________________________________________________________

________________________________________________________________

Phone no: _______________________________________________________

I declare that:

1.The sample of pearl oysters with which this declaration is submitted was taken on _____________________ from pearl oysters being held at (location of hatchery, quarantine site etc.)

________________________________________________________

________________________________________________________

2.No unexplained mortalities have occurred, and no signs of clinical disease have been seen, in the last 12 months among pearl oysters being held at that place.

Signature: _______________________________________________________

Date: _________________________

[Form 11 inserted in Gazette 17 Dec 1999 p. 6184‑5.]

Form No. 12

Stock Diseases (Regulations) Act 1968

CERTIFICATE OF HEALTH — PEARL OYSTERS

[r. 106(4)]

Name: __________________________________________________________

Address: ________________________________________________________

________________________________________________________________

Phone no: _______________________________________________________

I am an approved fish pathologist and certify that:

1.This certificate has been issued in respect of a sample of pearl oysters marked ______________________ which was taken from pearl oysters being held at (location of hatchery, quarantine site etc.) ______________

_________________________________________________________

_________________________________________________________

The sample was delivered to me for disease testing on _____________

by _______________________________________________________

2.I have no reason to doubt the information given as to the origins of the pearl oysters or the levels of mortality or clinical disease in the hatchery, quarantine site or other place where the pearl oysters are being held.

3.The following tests were carried out for clinical disease or significant pathogens

Test

Number

tested

Date

Result

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

4.No clinical disease or significant pathogen was detected in the sample.

5.*The following genetic tests were carried out ______________________

_________________________________________________________

with the following results ____________________________________

_________________________________________________________

and no genetic components not of Western Australian origin were detected.

* Delete if inapplicable.

Signature: _______________________________________________________

Approved fish pathologist

Date: ____________________________________

OFFICE USE ONLY

1.AHL No: _____________________________________________

2.Name of Licensee or Permit Holder­­ ________________________

[Form 12 inserted in Gazette 17 Dec 1999 p. 6185‑6.]

[Forms 13, 14 deleted in Gazette 4 Mar 1997 p. 1365.]

[Forms 15, 16, 17 and 18 deleted in Gazette 18 Sep 1992 p. 4666.]

Schedule 4 — Charges

[r. 28, 31, 42 and 60]

[Heading inserted in Gazette 14 Jun 2005 p. 2595.]

1.Charges for inspection of stock being imported or exported (regulations 28 and 31) —

Charges

$

A.Inspection on week day inside normal hours (6 a.m. to 6 p.m.) —
per 15 minute unit or part of 15 minute unit



24.20

Travel on week day inside normal hours
(6 a.m. to 6 p.m.) —

 

(i)For the first 25 km from headquarters

plus

24.20

(ii)For each 25 km or part of 25 km in excess of 25 km from headquarters


24.20

B.Inspection on week day outside normal hours — per 15 minute unit or part of 15 minute unit


29.50

Travel on week day outside normal hours —

 

(i)For the first 25 km from headquarters

plus

29.50

(ii)For each 25 km or part of 25 km in excess of 25 km from headquarters


29.50

C.Inspection on Saturday, Sunday or public holiday

 

minimum fee

403.00

per 15 minute unit or part of 15 minute unit

33.50

Travel on Saturday, Sunday or public holiday —

 

(i)For the first 25 km from headquarters

plus

33.50

(ii)For each 25 km or part of 25 km in excess of 25 km from headquarters


33.50

2.Charges for supply of Triclabendazole —

Charges

$

Minimum charge per session (regardless of number of animals)


21.00

or per kg body weight of each animal (where the sum is greater than minimum fee) —

 

up to 35 kg

0.50

36 — 100 kg

1.70

101 — 300 kg

3.90

301 — 600 kg

7.80

more than 600 kg

10.10

[Schedule 4 inserted in Gazette 31 May 2005 p. 2402‑3.]

Schedule 5 — Prohibitions and conditions relating to the intrastate movement of stock

[r. 34A]

[Heading inserted in Gazette 14 Jun 2005 p. 2595.]

Division 1 — Preliminary

[Heading inserted in Gazette 14 Jun 2005 p. 2595.]

Subdivision 1 — Interpretation

[Heading inserted in Gazette 14 Jun 2005 p. 2595.]

In this Schedule unless the contrary intention appears — 

cattle includes buffalo;

confirmed free in relation to tuberculosis has the meaning given to “accredited tuberculosis free herd” in regulation 57;

infected herd means a herd that has shown unequivocal evidence of infection with — 

(a)in the case of brucellosis, Brucella abortus; and

(b)in the case of tuberculosis, Mycobacterium bovis,

using approved testing procedures;

Kimberley Tuberculosis Eradication Area means an area of the Kimberley Land Division declared to be a tuberculosis eradication area under regulation 56;

Kimberley Tuberculosis Provisionally Free Area means an area of the Kimberley Land Division declared to be a tuberculosis provisionally free area under regulation 56;

monitored negative herd means a herd in which monitoring information or survey testing indicates that the herd is free of brucellosis or tuberculosis as the case may be, but a whole herd test has not been carried out;

not assessed herd means a herd that has not been tested and for which insufficient information is available for it to be classified otherwise;

provisionally clear herd means a previously “infected” or “suspect” herd that has qualified for removal of restrictions on the movement of cattle on and off the property, and which has not yet completed all the confirmatory tests necessary to become confirmed free;

restricted herd means a previously “infected” or “suspect” herd that has had one negative herd test without subsequent evidence of infection;

suspect herd means, a herd — 

(a)in which monitoring information suggests that the herd is infected, but further evidence is required to classify the herd as infected or otherwise; or

(b)in which the field situation suggests that the herd has a high risk of becoming infected;

tested negative herd means a herd not previously classified as “infected” that has had at least one negative herd test without subsequent evidence of infection.

[Subdivision 1, formerly Fifth Schedule, inserted in Gazette 31 Mar 1989 p. 875; amended in Gazette 14 Jun 2005 p. 2609.]

Subdivision 2 — Cattle not for immediate slaughter

[Heading inserted in Gazette 14 Jun 2005 p. 2595.]

Column 1

Column 2

Column 3

From

To

Prohibitions
and

Conditions

Southern Brucellosis Free Area

Confirmed free or tested negative or monitored negative herd

Kimberley Brucellosis Free Area

Nil

 

Infected restricted, suspect or provisionally clear herd

 

1

Kimberley Brucellosis Free Area

Confirmed free or tested negative or monitored negative herd

Southern Brucellosis Free Area

Nil

 

Infected, restricted, suspect or provisionally clear herd

 

1

Southern Tuberculosis Provisionally Free Area

Confirmed free, tested negative, monitored negative herd

Southern Tuberculosis Provisionally Free Area

Nil

 

Infected, restricted, suspect or provisionally clear herd

 

1

Southern Tuberculosis Provisionally Free Area

Confirmed free, tested negative, monitored negative herd

Kimberley Tuberculosis Provisionally Free Area

Nil

 

Infected, restricted, suspect or provisionally clear herd

 

1

Southern Tuberculosis Provisionally Free Area

Confirmed free, tested negative, monitored negative herd

West Kimberley Tuberculosis Eradication Area

Nil

 

Infected, restricted, suspect or provisionally clear herd

 

1

Kimberley Tuberculosis Provisionally Free Area

Confirmed free, tested negative or monitored negative herd

Southern Tuberculosis Provisionally Free Area

2

 

Provisionally clear herd

 

2, 10, 12, 17

 

Infected, restricted, suspect or not assessed herd

 

2, 3, 11, 12, 13, 18

Kimberley Tuberculosis Provisionally Free Area

Confirmed free, tested negative or monitored negative herd

Kimberley Tuberculosis Provisionally Free Area

12

 

Provisionally clear herd

 

10, 12

 

Infected, restricted, suspect or not assessed herd

 

2, 3, 11, 12, 13

Kimberley Tuberculosis Provisionally Free Area

Confirmed free, tested negative or monitored negative herd

West Kimberley Tuberculosis Eradication Area

12

 

Provisionally clear herd

 

10, 12

 

Infected, restricted, suspect or not assessed herd

 

2, 3, 11, 12, 13

West Kimberley Tuberculosis Eradication Area

Confirmed free, tested negative, monitored negative or provisionally clear herd

Southern Tuberculosis Provisionally Free Area

2, 10, 12, 17

 

Infected, restricted, suspect or not assessed herd

 

2, 3, 11, 12, 13, 18

West Kimberley Tuberculosis Eradication Area

Confirmed free, tested negative or provisionally clear herd

Kimberley Tuberculosis Provisionally Free Area

2, 10, 12

 

Infected, restricted, suspect or not assessed herd

 

2, 3, 11, 12, 13

West Kimberley Tuberculosis Eradication Area

Confirmed free, tested negative, monitored negative or provisionally clear herd

West Kimberley Tuberculosis Eradication Area

2, 10, 12

 

Infected, restricted, suspect or not assessed herd

 

2, 3, 11, 12, 13

Cattle Tick Infected Area

 

Cattle Tick Free Area

2, 19

[Subdivision 2, formerly Fifth Schedule, inserted in Gazette 31 Mar 1989 p. 875‑6.]

Subdivision 3 — Cattle for immediate slaughter

[Heading inserted in Gazette 14 Jun 2005 p. 2596.]

Column 1

Column 2

Column 3

From

To

Prohibitions
and

Conditions

Brucellosis confirmed free, tested negative, monitored negative or provisionally clear herd

 

Any area

Nil

Brucellosis restricted, infected or suspect herd

 

Any area

2

Kimberley Tuberculosis Provisionally Free Area

Confirmed free, tested negative or monitored negative herd

Southern Tuberculosis Provisionally Free Area

2

 

Provisionally clear herd

 

2, 14

 

Infected, restricted, suspect or not assessed herd

 

2, 9, 14

West Kimberley Tuberculosis Eradication Area

Confirmed free, tested negative, monitored negative or provisionally clear herd

Southern Tuberculosis Provisionally Free Area

2, 14

 

Infected, suspect or not assessed herd

 

2, 9, 14

Cattle Tick Infected Area

 

Cattle Tick Free Area

2, 20

[Subdivision 3, formerly Fifth Schedule, inserted in Gazette 31 Mar 1989 p. 876‑7.]

Subdivision 4 — Sheep

[Heading inserted in Gazette 14 Jun 2005 p. 2596.]

Column 1

Column 2

Column 3

From

To

Prohibitions
and

Conditions

Lice and Keds Infected Area

 

Lice and Keds Southwest Protected Area

2, 22, 23

[Subdivision 4, formerly Fifth Schedule, inserted in Gazette 31 Mar 1989 p. 877.]

Subdivision 5 — Horses, mules, donkeys, camels, deer

[Heading inserted in Gazette 14 Jun 2005 p. 2596.]

Column 1

Column 2

Column 3

From

To

Prohibitions
and

Conditions

Cattle Tick Infected Area

 

Cattle Tick Free Area

2, 21

[Subdivision 5, formerly Fifth Schedule, inserted in Gazette 31 Mar 1989 p. 877.]

Division 2 — Conditions

[Heading inserted in Gazette 14 Jun 2005 p. 2596.]

Subdivision 1 — Interpretation

[Heading inserted in Gazette 14 Jun 2005 p. 2596.]

In these conditions — 

approved feedlot means a fenced area approved to hold and feed cattle until the cattle are delivered for immediate slaughter;

brucellosis test means a Rose Bengal Plate Test and Complement Fixation Test;

contact sale means an approved sale for slaughter only held in an approved saleyard;

quarantine sale means an approved sale for slaughter only held in an approved quarantine area;

tuberculin test means a single intradermal caudal fold test using Bovine PPD tuberculin read at 72 hours.

[Subdivision 1, formerly Fifth Schedule, inserted in Gazette 31 Mar 1989 p. 877.]

Subdivision 2 — General

[Heading inserted in Gazette 14 Jun 2005 p. 2596.]

1.Movement prohibited.

2.Permit in the form of Form 3 issued by an inspector.

Movement shall be direct and any off‑loading into areas or premises of lower status shall be only into approved yards or premises.

When moving stock under condition 11 the consignee shall — 

(a)notify the nearest inspector within 14 days of the date of introduction of the stock;

(b)isolate and keep isolated from the herd, any stock introduced on to the property, unless and until otherwise directed by an inspector; and

(c)submit any introduced stock to such tests as an inspector may direct.

[Subdivision 2, formerly Fifth Schedule, inserted in Gazette 31 Mar 1989 p. 877.]

Subdivision 3 — Brucellosis

[Heading inserted in Gazette 14 Jun 2005 p. 2596.]

4.A brucellosis test of breeding cattle shall be carried out not earlier than 30 days prior to movement, with negative results. Cattle shall be held in isolation during that period.

5.Breeding cattle shall have been resident on the property of origin for not less than 90 days prior to testing for movement.

6.Pregnant females shall be isolated on the property of introduction. Animals shall be held in isolation until a brucellosis test is conducted on them with negative results not earlier than 15 days and not later than 45 days after calving.

7.Bulls only are permitted to move and the bulls must be held in isolation and tested on 2 occasions with an interval of 60‑90 days between each test with negative results, with the last test within 14 days of movement. Each bull must be examined clinically and show no evidence of disease.

[Subdivision 3, formerly Fifth Schedule, inserted in Gazette 31 Mar 1989 p. 877‑8.]

Subdivision 4 — Tuberculosis

[Heading inserted in Gazette 14 Jun 2005 p. 2596.]

8.Cattle may only be moved into the area for contact sale, quarantine sale or to an abattoir and where it is for — 

(a)contact sale, conditions 2, 10 and 14 apply; and

(b)quarantine sale or abattoir, conditions 2 and 14 apply.

9.Cattle shall carry an approved paint mark along the backline.

10.Every animal in the group to be moved shall he subject to a tuberculin test with negative results.

11.(1)Every animal in the group to be moved shall be subjected to 2 tuberculin tests not less than 60 days apart with negative results. Animals shall be held in isolation from the time of commencement of the first test. In the case of animals moving to properties in the Southern Pastoral Area both tests must be done on the property of origin while for animals moving to a property in a Kimberley Tuberculosis Eradication Area or to the Southern Agricultural Area the second lest may be done on an approved property of destination.

(2)A check test 6 to 12 months later, on the approved property of destination is also required.

12.Cattle to be identified with an approved, unique, numbered ear tag.

13.Where the second tuberculin test is completed on the property of destination cattle may move if identified with approved tags.

14.Cattle to be identified with approved tags.

15.(1)Every animal in the group intended to be moved shall be subject to a tuberculin test.

(2)Any animal which reacts to the tuberculin test is prohibited from being moved.

16.Cattle shall be marked with an approved earmark.

17.For cattle being moved to an approved feedlot — 

(a)conditions 9, 14 and 16 apply; and

(b)condition 10 does not apply.

18.For cattle being moved to an approved feedlot — 

(a)conditions 9, 14, 15 and 16 apply; and

(b)condition 10 does not apply.

[Subdivision 4, formerly Fifth Schedule, inserted in Gazette 31 Mar 1989 p. 878; amended in Gazette 14 Jun 2005 p. 2609.]

Subdivision 5 — Cattle tick

[Heading inserted in Gazette 14 Jun 2005 p. 2596.]

19.Cattle — 

(a)shall be — 

(i)subjected to an approved regime of treatment; or

(ii)consigned directly from a property on which the cattle have been depastured for at least 6 months and on which cattle tick is not known or suspected to exist; and

(b)shall be presented free of tick, and — 

(i)shall be treated with an approved veterinary preparation lethal to cattle tick and treated with an approved veterinary preparation lethal to buffalo fly, under the supervision of an inspector;

(ii)shall be moved out of the infected area within 72 hours of being treated, by clean road transport, sea vessel or aircraft.

20.Cattle consigned directly for slaughter — 

(a)shall be — 

(i)subjected to an approved regime of treatment; or

(ii)consigned directly from a property on which the cattle have been depastured for at least 6 months and on which cattle tick is not known or suspected to exist;

and

(b)shall be presented free of tick, and — 

(i)shall be treated with an approved veterinary preparation lethal to cattle tick and treated with an approved veterinary preparation lethal to buffalo fly, under the supervision of an inspector;

(ii)shall be moved out of the infected area within 72 hours of being treated; and

(iii)shall not be unloaded anywhere en route to the destination endorsed on the permit, without the permission of an inspector.

21.Where the stock consists of a horse, mule, donkey, camel or deer, every animal to be moved shall be treated with an approved veterinary preparation under the supervision of an inspector at a place that has been approved and within 24 hours prior to movement.

[Subdivision 5, formerly Fifth Schedule, inserted in Gazette 31 Mar 1989 p. 878.]

Subdivision 6 — Lice and keds

[Heading inserted in Gazette 14 Jun 2005 p. 2597.]

22.The owner of sheep located within an area declared to be an infected area shall not travel those sheep or any of them to any other property within that infected area without the prior consent of an inspector.

23.(1)Subject to sub‑condition (2) the owner of sheep located within an area declared to be an infected area shall not travel those sheep or any of them to any property within an area declared to be a protected area unless — 

(a)he sends or delivers to an inspector a notice in the form of Form 13 stating that the sheep are, to the best of his knowledge and belief free from lice or keds, or both, as the case requires; and

(b)he obtains from an inspector a permit in the form of Form 3.

(2)Notwithstanding the provisions of sub‑condition (1) an inspector may authorise the movement of sheep from an infected area to a protected area where — 

(a)the sheep are affected by drought and the property to which they are travelling is placed under quarantine in accordance with these regulations; or

(b)the sheep are consigned to an abattoir for immediate slaughter.

[Subdivision 6, formerly Fifth Schedule, inserted in Gazette 31 Mar 1989 p. 878‑9.]

 

Notes

1This is a compilation of the Enzootic Diseases Regulations 1970 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table

Citation

Gazettal

Commencement

Enzootic Diseases Regulations 1970

24 Jun 1970 p. 1784‑819

24 Jun 1970

Untitled regulations

31 Mar 1971 p. 1063-5

31 Mar 1971

Untitled regulations

20 May 1971 p. 1721-3

20 May 1971

Untitled regulations

18 Aug 1971 p. 3063

18 Aug 1971

Untitled regulations

10 Nov 1972 p. 4362-5

10 Nov 1972

Untitled regulations

2 Mar 1973 p. 637

2 Mar 1973

Untitled regulations

13 Apr 1973 p. 997

13 Apr 1973

Untitled regulations

6 Jul 1973 p. 2637

6 Jul 1973

Untitled regulations

14 Sep 1973 p. 3481-3

14 Sep 1973

Reprint of the Enzootic Diseases Regulations 1970 dated 25 Feb 1974 published in Gazette 6 Mar 1974 p. 693-731 (includes amendments listed above)

Untitled regulations

10 May 1974 p. 1538

10 May 1974

Untitled regulations

1 Aug 1975 p. 2828
(corrigendum 5 Sep 1975 p. 3266)

1 Aug 1975

Untitled regulations

3 Oct 1975 p. 3813-14

3 Oct 1975

Untitled regulations

1 Oct 1976 p. 3611-12

1 Oct 1976

Untitled regulations

4 Feb 1977 p. 363-79

4 Feb 1977

Untitled regulations

18 Feb 1977 p. 531-2

18 Feb 1977

Untitled regulations

20 May 1977 p. 1544

20 May 1977

Untitled regulations

28 Oct 1977 p. 3835

28 Oct 1977

Untitled regulations

9 Dec 1977 p. 4589

9 Dec 1977

Untitled regulations

30 Jun 1978 p. 2178

30 Jun 1978

Untitled regulations

25 Aug 1978 p. 3169

25 Aug 1978

Untitled regulations

8 Jun 1979 p. 1533

8 Jun 1979

Untitled regulations

8 Feb 1980 p. 429‑31

8 Feb 1980

Enzootic Diseases Amendment Regulations 1980

24 Oct 1980 p. 3667-8

24 Oct 1980

Enzootic Diseases Amendment Regulations 1981

30 Jan 1981 p. 510

30 Jan 1981

Enzootic Diseases Amendment Regulations (No. 2) 1981

13 Feb 1981 p. 645

13 Feb 1981

Enzootic Diseases Amendment Regulations (No. 4) 1981

21 Aug 1981 p. 3430

21 Aug 1981

Enzootic Diseases Amendment Regulations (No. 3) 1981

25 Sep 1981 p. 4158-60

25 Sep 1981

Enzootic Diseases Amendment Regulations (No. 5) 1981

9 Oct 1981 p. 4311-12

1 Nov 1981 (see r. 2)

Enzootic Diseases Amendment Regulations (No. 6) 1981

23 Oct 1981 p. 4437

23 Oct 1981

Enzootic Diseases Amendment Regulations (No. 7) 1981

4 Dec 1981 p. 5036-7

4 Dec 1981

Enzootic Diseases Amendment Regulations (No. 8) 1981

31 Dec 1981 p. 5410

1 Jan 1982 (see r. 2)

Enzootic Diseases Amendment Regulations 1982

4 Jun 1982 p. 1851

11 Jun 1982 (see r. 2)

Enzootic Diseases Amendment Regulations (No. 2) 1982

20 Aug 1982 p. 3362

20 Aug 1982

Enzootic Diseases Amendment Regulations (No. 3) 1982

3 Dec 1982 p. 4757

3 Dec 1982

Enzootic Diseases Amendment Regulations 1983

12 Aug 1983 p. 2957-8

1 Nov 1983 (see r. 2)

Enzootic Diseases Amendment Regulations (No. 2) 1984

20 Jan 1984 p. 180

20 Jan 1984

Enzootic Diseases Amendment Regulations 1984

3 Feb 1984 p. 330

3 Feb 1984

Enzootic Diseases Amendment Regulations (No. 3) 1984

6 Jul 1984 p. 2056

6 Jul 1984

Enzootic Diseases Amendment Regulations (No. 4) 1984

20 Jul 1984 p. 2197

20 Jul 1984

Enzootic Diseases Amendment Regulations (No. 5) 1984

2 Nov 1984 p. 3552-60

2 Dec 1984 (see r. 2)

Enzootic Diseases Amendment Regulations (No. 6) 1984

2 Nov 1984 p. 3560

2 Nov 1984

Enzootic Diseases Amendment Regulations (No. 7) 1984

7 Dec 1984 p. 4082

7 Dec 1984

Enzootic Diseases Amendment Regulations (No. 2) 1985

31 May 1985 p. 1905-6

31 May 1985 (see r. 2 and Gazette 31 May 1985 p. 1906)

Enzootic Diseases Amendment Regulations 1985

28 Jun 1985 p. 2370-1
(erratum 9 Aug 1985 p. 2890)

1 Jul 1985 (see r. 2)

Enzootic Diseases Amendment Regulations (No. 4) 1985

15 Nov 1985 p. 4345

15 Nov 1985

Enzootic Diseases Amendment Regulations (No. 3) 1985

29 Nov 1985 p. 4504

29 Nov 1985

Enzootic Diseases Amendment Regulations (No. 5) 1985

29 Nov 1985 p. 4504

29 Nov 1985

Enzootic Diseases Amendment Regulations 1986

7 Feb 1986 p. 462

7 Feb 1986

Enzootic Diseases Amendment Regulations (No. 4) 1986

27 Jun 1986 p. 2222-3

1 Jul 1986 (see r. 2)

Enzootic Diseases Amendment Regulations (No. 3) 1986

25 Jul 1986 p. 2488-93

25 Jul 1986

Enzootic Diseases Amendment Regulations (No. 2) 1986

1 Aug 1986 p. 2771-2
(erratum 8 Aug 1986 p. 2872)

1 Aug 1986

Enzootic Diseases Amendment Regulations (No. 5) 1986

8 Aug 1986 p. 2871-2

8 Aug 1986

Enzootic Diseases Amendment Regulations (No. 6) 1986

22 Aug 1986 p. 3009

22 Aug 1986

Enzootic Diseases Amendment Regulations (No. 7) 1986

31 Oct 1986 p. 4103-4

31 Oct 1986

Enzootic Diseases Amendment Regulations (No. 8) 1986

19 Dec 1986 p. 4941-2

19 Dec 1986

Enzootic Diseases Amendment Regulations 1987

3 Apr 1987 p. 1265

3 Apr 1987

Enzootic Diseases Amendment Regulations (No. 3) 1987

7 Aug 1987 p. 3126-7

7 Aug 1987

Enzootic Diseases Amendment Regulations (No. 2) 1987

16 Oct 1987 p. 3923-4

16 Oct 1987

Enzootic Diseases Amendment Regulations (No. 4) 1987

16 Oct 1987 p. 3924

16 Oct 1987

Enzootic Diseases Amendment Regulations (No. 5) 1987

30 Oct 1987 p. 4051-2

1 Nov 1987 (see r. 2)

Enzootic Diseases Amendment Regulations 1988

8 Jul 1988 p. 2418

8 Jul 1988

Enzootic Diseases Amendment Regulations (No. 2) 1988

14 Oct 1988 p. 4206-8

14 Oct 1988

Enzootic Diseases Amendment Regulations 1989

31 Mar 1989 p. 875‑9

31 Mar 1989

Reprint of the Enzootic Diseases Regulations 1970 as at 21 Mar 1989 published in Gazette 7 Apr 1989 p. 945-1012 (includes amendments listed above except those in the Enzootic Diseases Amendment Regulations 1989)

Enzootic Diseases Amendment Regulations (No. 2) 1989

30 Jun 1989 p. 1994

1 Jul 1989 (see r. 2)

Enzootic Diseases Amendment Regulations (No. 3) 1989

20 Oct 1989 p. 3868

20 Oct 1989

Enzootic Diseases Amendment Regulations 1990

22 Jun 1990 p. 3028

22 Jun 1990

Stock Diseases Amendment Regulations 1990 Pt. 2

3 Aug 1990 p. 3670‑1

3 Aug 1990

Enzootic Diseases Amendment Regulations (No. 2) 1990

21 Dec 1990 p. 6218

21 Dec 1990

Enzootic Diseases Amendment Regulations 1991

20 Sep 1991 p. 4857

20 Sep 1991

Stock Diseases Amendment Regulations 1991 Pt. 2

18 Oct 1991 p. 5312‑14

18 Oct 1991

Stock Diseases Amendment Regulations 1992 Pt. 2

24 Jul 1992 p. 3604‑6

24 Jul 1992

Enzootic Diseases Amendment Regulations 1992

18 Sep 1992 p. 4665‑6

18 Sep 1992

Enzootic Diseases Amendment Regulations (No. 3) 1992

15 Dec 1992 p. 6016

15 Dec 1992

Stock Diseases Amendment Regulations 1993 Pt. 2

17 Sep 1993 p. 5048‑50

17 Sep 1993

Enzootic Diseases Amendment Regulations 1994

24 Jun 1994 p. 2834‑5

1 Jul 1994 (see r. 2)

Enzootic Diseases Amendment Regulations (No. 3) 1994

2 Sep 1994 p. 4519‑21

2 Sep 1994

Enzootic Diseases Amendment Regulations 1995

21 Jul 1995 p. 3064‑5

21 Jul 1995

Enzootic Diseases Amendment Regulations 1996

3 Sep 1996 p. 4377‑8

4 Sep 1996 (see r. 2)

Enzootic Diseases Amendment Regulations (No. 2) 1996

10 Dec 1996 p. 6873‑5

10 Dec 1996

Enzootic Diseases Amendment Regulations 1997

4 Mar 1997 p. 1356‑65

4 Mar 1997

Enzootic Diseases Amendment Regulations (No. 2) 1997

19 Aug 1997 p. 4718‑19

19 Aug 1997

Miscellaneous Amendments Regulations 1997

6 Jan 1998 p. 33

6 Jan 1998

Enzootic Diseases Amendment Regulations 1998

23 Jun 1998 p. 3311‑13

1 Jul 1998 (see r. 2)

Enzootic Diseases Amendment Regulations (No. 2) 1998

13 Nov 1998 p. 6201‑5

13 Nov 1998

Enzootic Diseases Amendment Regulations (No. 2) 1999

22 Jun 1999 p. 2672‑4

1 Jul 1999 (see r. 2)

Reprint of the Enzootic Diseases Regulations 1970 as at 13 Aug 1999 (includes amendments listed above)

Enzootic Diseases Amendment Regulations 1999

17 Dec 1999 p. 6176‑86

1 Jan 2000 (see r. 2 and Gazette 17 Dec 1999 p. 6199)

Enzootic Diseases Amendment Regulations 2000

20 Jun 2000 p. 3002‑4

1 Jul 2000 (see r. 2)

Enzootic Diseases Amendment Regulations (No. 2) 2002

28 Jun 2002 p. 3048‑50

1 Jul 2002 (see r. 2)

Enzootic Diseases Amendment Regulations (No. 3) 2002

10 Dec 2002 p. 5743‑7

10 Dec 2002

Enzootic Diseases Amendment Regulations 2003

17 Jun 2003 p. 2206‑8

1 Jul 2003 (see r. 2)

Enzootic Diseases Amendment Regulations 2004

18 May 2004 p. 1567‑9

1 Jul 2004 (see r. 2)

Enzootic Diseases Amendment Regulations (No. 4) 2005

31 May 2005 p. 2401‑3

1 Jul 2005 (see r. 2)

Enzootic Diseases Amendment Regulations 2005

31 May 2005 p. 2404‑6

31 May 2005

Enzootic Diseases Amendment Regulations (No. 6) 2005

14 Jun 2005 p. 2587‑97

14 Jun 2005

Enzootic Diseases Amendment Regulations (No. 2) 2005

14 Jun 2005 p. 2597‑609

14 Jun 2005

Enzootic Diseases Amendment Regulations (No. 3) 2005

14 Jun 2005 p. 2609‑19

1 Jul 2005 (see r. 2)

Reprint 4: The Enzootic Diseases Regulations 1970 as at 28 Oct 2005 (includes amendments listed above)

2At the date this reprint was prepared the former municipal district of the City of Perth had been divided into 4 local government districts, namely the City of Perth, and the towns of Vincent, Cambridge and Victoria Park (formerly Shepperton).

3At the date this reprint was prepared the Shires of Bayswater, Swan, Rockingham, Belmont and Mandurah had become Cities.

4At the date this reprint was prepared the Shire of Wanneroo had been divided into 2 local government districts, namely the City of Joondalup and the City of Wanneroo.

5At the date this reprint was prepared the Shire of Kwinana had become a Town.

6At the date this reprint was prepared the Shire of Armadale-Kelmscott had become the City of Armadale.

7At the date this reprint was prepared the Shires of Donnybrook and Balingup had merged to become the Shire of Donnybrook-Balingup.