Biosecurity Act 1993

Pest management - Regional pathway management plans

93: Fourth step: approval of preparation of plan and decision on management agency

You could also call this:

"The council approves a plan and chooses who's in charge of it to manage regional pathways."

When a council is happy with a proposal for a regional pathway management plan, they can approve it. The council must then decide which group will be in charge of the plan, using the rules in section 100. The plan must include important details.

You need to know what the plan is about, what it wants to achieve, and how it will be done. The plan must also say how it will be paid for and what powers will be used to make it work, including those in Part 6. It must include rules and say who is in charge of making it work.

A plan can include rules for things like keeping records, identifying goods, and stopping certain activities. It can also say when and where the rules apply, and what happens if someone breaks them, as stated in section 154N(19). The plan might allow for compensation if someone loses money because of the plan, but not if they break the rules or make money from wild organisms.

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92: Third step: satisfaction with consultation or requirement of more consultation, or

"Checking if everyone's been heard: is the consultation good enough or does it need more work?"


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94: Fifth step: satisfaction on contents of plan and requirements, or

"The council checks if their plan is good and fair before moving on to the next step."

Part 5Pest management
Regional pathway management plans

93Fourth step: approval of preparation of plan and decision on management agency

  1. If the council is satisfied as required by section 92(1) and is satisfied that the issues raised in all the consultation undertaken on the proposal have been considered, the council may take the fourth step in the making of a plan, which is to approve the preparation of a plan.

  2. If the council approves the preparation of a plan, the council must apply section 100 to decide which body is to be the management agency.

  3. A plan must specify the following matters:

  4. the pathway or pathways to be managed:
    1. the plan's objectives:
      1. the principal measures to be taken to achieve the objectives:
        1. the means by which the achievement of the plan's objectives will be monitored or measured:
          1. the sources of funding for the implementation of the plan:
            1. the limitations, if any, on how the funds collected from those sources may be used to implement the plan:
              1. the powers in Part 6 to be used to implement the plan:
                1. the rules, if any:
                  1. the management agency:
                    1. the actions that local authorities, local authorities of a specified class or description, or specified local authorities may take to implement the plan, including contributing towards the costs of implementation:
                      1. the portions of road, if any, adjoining land covered by the plan and, as authorised by section 6, also covered by the plan:
                        1. the plan's commencement date and, if there is one, its termination date:
                          1. any matters required by the national policy direction.
                            1. A plan—

                            2. may provide for the payment of compensation for losses incurred as a direct result of the implementation of the plan:
                              1. must not provide for the payment of compensation for the following losses:
                                1. loss suffered because a person's income derived from feral or wild organisms is adversely affected by the implementation of the plan:
                                  1. loss suffered by a person who fails to comply with the plan.
                                  2. A plan may include rules for all or any of the following purposes:

                                  3. requiring a person to keep records of actions taken under the rules and to send to the management agency specified information based on the records:
                                    1. requiring the identification of specified goods:
                                      1. prohibiting or regulating specified methods that may be used in managing the pathway:
                                        1. prohibiting or regulating activities that may affect measures taken to implement the plan:
                                          1. requiring audits or inspections of specified actions:
                                            1. requiring the occupier of a place to carry out specified treatments or procedures to assist in preventing the spread of organisms that could be spread through the pathway:
                                              1. requiring the owner or person in charge of goods or craft to carry out specified treatments or procedures to assist in preventing the spread of organisms that could be spread through the pathway:
                                                1. requiring the destruction of goods in circumstances in which the goods pose a risk of spreading organisms that could be spread through the pathway:
                                                  1. prohibiting or regulating specified uses or movement of goods that may promote the spread of organisms through the pathway:
                                                    1. prohibiting or regulating the use or disposal of organic material on the pathway:
                                                      1. prohibiting or regulating the use of specified practices in the management of organisms that may promote the spread of organisms through the pathway.
                                                        1. A rule may—

                                                        2. apply generally or to different classes or descriptions of persons, places, goods, or other things:
                                                          1. apply all the time or at 1 or more specified times of the year:
                                                            1. apply throughout the region or in a specified part or parts of the region, with, if necessary, another rule on the same subject matter applying to another specified part of the region:
                                                              1. specify that a contravention of the rule creates an offence under section 154N(19).
                                                                Notes
                                                                • Section 93: replaced, on , by section 39 of the Biosecurity Law Reform Act 2012 (2012 No 73).