Commonwealth Consolidated Acts

BIOSECURITY ACT 2015 - SECT 340

  (1)   This section applies if:

  (a)   a biosecurity officer requires premises (other than a conveyance) to be treated in a specified manner under subsection   339(2); and

  (b)   a biosecurity officer suspects, on reasonable grounds, that the treatment of the premises in that manner is likely to damage the premises.

Note:   Section   339 applies in relation to premises that are a structure or building or a part of a structure or building.

Notice must be given that treatment is likely to damage premises

  (2)   Before any treatment is carried out on the premises, a biosecurity officer must, by notice in writing:

  (a)   inform the owner of the premises that:

  (i)   the premises are required to be treated in a specified manner; and

  (ii)   the treatment is likely to damage the premises; and

  (b)   request the owner to agree to the treatment of the premises.

  (3)   If:

  (a)   despite making reasonable efforts, a biosecurity officer has not been able to locate the owner of the premises; and

  (b)   the owner of the premises is not the occupier of the premises;

a biosecurity officer must, by notice in writing:

  (c)   inform the occupier of the premises that:

  (i)   the premises are required to be treated in a specified manner; and

  (ii)   the treatment is likely to damage the premises; and

  (d)   request the occupier to agree to the treatment of the premises.

  (4)   However, subsections   (2) and (3) do not apply in relation to the premises if:

  (a)   a biosecurity officer suspects, on reasonable grounds, that a disease or pest that may be present in or on the premises poses a high level of biosecurity risk; and

  (b)   a biosecurity officer is satisfied that the premises need to be treated as soon as practicable to reduce that risk to an acceptable level.

Notice in relation to biosecurity risk may be affixed to or near premises

  (5)   If:

  (a)   despite making reasonable efforts, a biosecurity officer has not been able to give a notice to the owner or the occupier of the premises under subsection   (2) or (3); or

  (b)   subsections   (2) and (3) do not apply because of subsection   (4);

a biosecurity officer must affix a notice in accordance with subsection   (6) to, or as near as reasonably practicable to, the premises.

  (6)   A notice under subsection   (5) must state that:

  (a)   a disease or pest may be present in or on the premises; and

  (b)   the disease or pest may pose an unacceptable level of biosecurity risk; and

  (c)   the premises are required, in accordance with this Chapter, to be treated in a specified manner for the purpose of managing the biosecurity risk; and

  (d)   the treatment is likely to damage the premises.