Biosecurity Act 1993

Administrative provisions - Place and area controls

130: Declaration of restricted place

You could also call this:

"What happens when a place is closed off to stop pests or unwanted organisms from spreading"

If you think a pest or unwanted organism is in a place, an inspector can declare it a restricted place. They will give a notice to the people who live or work there, telling them what they can and can't do. The notice must be in a special form that a chief technical officer approves.

When a place is declared restricted, you can't remove certain things from it without permission, like organisms or goods that may have come into contact with them. You also can't introduce new goods into the restricted place. If someone who works for you breaks these rules, it's like you broke them, unless you gave them a copy of the notice first.

An inspector can also give directions about what to do with certain organisms or goods in the restricted place, like isolating or identifying them. They can do this at any time while the declaration is in force.

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Part 6Administrative provisions
Place and area controls

130Declaration of restricted place

  1. If an inspector or authorised person believes or suspects on reasonable grounds that a pest or unwanted organism is or has been in a place, the inspector or authorised person may, by notice given in accordance with subsections (2) and (3), declare that place and any other place in the neighbourhood the inspector or authorised person considers necessary to be a restricted place.

  2. A notice shall be in a form approved for the purpose by a chief technical officer, a principal officer, or a management agency.

  3. A notice shall be given by serving a copy on the occupier of each place included in the area of the restricted place except that—

  4. a copy need not be served on the occupier of any part of the place if the inspector or authorised person cannot with reasonable diligence discover an occupier of that place who can be found quickly; and
    1. notice may be given publicly if it is impractical to give notice in accordance with the preceding provisions of this subsection.
      1. While a notice under subsection (1) is in force, no person shall, without the permission of an inspector or authorised person,—

      2. remove—from the place to which the notice relates; or
        1. any organism, organic material, or risk goods; or
          1. any other goods that may have been in contact with any organism, organic material, or risk goods,—
          2. introduce any goods of any kind to the place.
            1. Where the agent or employee of an occupier to whom a notice has been given under subsection (1) acts in breach of subsection (4), that action is deemed to be an action of the occupier unless the occupier had given a copy of the notice under subsection (1) to that agent or employee before the agent or employee breached subsection (4).

            2. An inspector or authorised person may, at any time while the declaration of a restricted place is in force, direct that specified organisms, risk goods, or other goods in the restricted place must be—

            3. isolated, confined, or stored in such manner as the inspector or authorised person directs:
              1. identified in a manner specified in the direction, or with an identification applied by the inspector or authorised person.
                Compare
                • 1967 No 50 s 29
                Notes
                • Section 130(1): replaced, on , by section 89(1) of the Biosecurity Amendment Act 1997 (1997 No 89).
                • Section 130(2): amended, on , by section 89(2) of the Biosecurity Amendment Act 1997 (1997 No 89).
                • Section 130(4A): inserted, on , by section 89(3) of the Biosecurity Amendment Act 1997 (1997 No 89).
                • Section 130(5): replaced, on , by section 22 of the Biosecurity Amendment Act 2003 (2003 No 38).