Northern Territory Numbered Acts Northern Territory Numbered ActsAfter section 16
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In this Part:
"biosecurity impact "means an adverse effect on the economy, the environment or the community that arises, or has the potential to arise, from a biosecurity matter or a carrier introducing or spreading a disease into or within the Territory or any part of the Territory.
"biosecurity matter "means any of the following:
(a) livestock or any part of livestock;
(b) an animal product;
(c) a notifiable disease;
(d) an animal pathogen;
(e) a pathogen that can cause disease in a human via transmission from a livestock host to a human;
(f) a non-living thing that:
(i) occurs in or on a carrier or a thing mentioned in paragraphs (a) to (e); or
(ii) may be ingested or absorbed by a carrier or a thing mentioned in paragraphs (a) to (e);
(g) anything prescribed by regulation to be a biosecurity matter.
"carrier" means any thing (whether alive, dead or inanimate, including a human) that has, or is capable of having, any biosecurity matter on it, attached to it or contained in it.
(1) The owner of a property for which a property identification code is allotted under section 15(2) may prepare or adopt a biosecurity management plan that includes the following:
(a) reasonable measures to prevent, eliminate or minimise the risk of a biosecurity impact caused by persons entering or carrying out activities at or from the property;
(b) the name and contact details of the person in charge of managing entry to the property (the nominated person );
(c) the information prescribed by regulation.
(2) A measure included in a biosecurity management plan that is not a measure of a kind mentioned in subsection (1)(a) is taken not to be part of the plan.
(3) A biosecurity management plan may:
(a) apply to the whole or part of a property, but more than one biosecurity management plan cannot apply to the same part of the property; and
(b) amend, revoke or replace an existing biosecurity management plan.
(1) The owner of a property to which a biosecurity management plan applies must erect signage that complies with the requirements of this section.
(2) A sign must be affixed and conspicuously displayed at each public motor vehicle and pedestrian access point at the property, or part of the property, to which the biosecurity management plan applies.
(3) Each sign must include:
(a) a statement that:
(i) a biosecurity management plan applies to the property; and
(ii) entry to the property, or part of the property, without consent is restricted under section 16D; and
(iii) failure to comply with the plan may be an offence against this Act; and
(b) the contact details for the nominated person; and
(c) any other information prescribed by regulation.
(4) A person commits an offence if the person defaces, damages or removes a sign erected under this section.
Maximum penalty: 20 penalty units.
(5) An offence against subsection (4) is an offence of strict liability.
(6) It is a defence to a prosecution for an offence against subsection (4) if the defendant has a reasonable excuse.
(1) This section does not apply in relation to a person who, under a law of the Territory or the Commonwealth, has a right to enter land that is a biosecurity management area.
Examples for subsection (1)
1 A person who holds a mineral title under the Mineral Titles Act 2010 authorising the person to conduct mining for minerals or extractive minerals on land that is part of a biosecurity management area.
2 A person entitled to enter land that is part of a biosecurity management area under a condition of a lease under the Pastoral Land Act 1992 .
(2) A person must not enter a biosecurity management area without the consent of the nominated person for the biosecurity management plan for the area.
(3) Consent under subsection (2) must be given in writing or electronically.
(4) The nominated person may withdraw the consent at any time.
(5) A person with consent to enter a biosecurity management area must keep a copy of the consent on the person at all times when the person is in the area and must produce the consent to the nominated person or an inspector on request.
A person who, under a law of the Territory or the Commonwealth, has a right to enter a biosecurity management area must, before entering the area, or as soon as reasonably practicable after entering the area, notify the nominated person of the proposed entry or entry.
The nominated person for a biosecurity management plan must give a copy of the biosecurity management plan:
(a) to a person given consent to enter the biosecurity management area under section 16D when the consent is given; and
(b) to a person who gives notice of their entry under section 16E as soon as practicable after the notice is given.
(1) A person who enters or remains in a biosecurity management area must comply with the biosecurity management plan for the area.
(2) A person commits an offence if:
(a) the person is in a biosecurity management area; and
(b) the person intentionally engages in conduct; and
(c) the conduct results in a contravention of the biosecurity management plan for the area and the person is reckless in relation to that result.
Maximum penalty: 50 penalty units.
(3) Strict liability applies to subsection (2)(a).
(4) It is a defence to the prosecution of an offence against subsection (2) if the defendant:
(a) is a public sector employee exercising powers or performing functions under a law of the Territory; or
(b) is an APS employee, as defined in section 7 of the Public Service Act 1999 (Cth), performing functions under a law of the Commonwealth; or
(c) enters or remains in the area in an emergency; or
(d) has a reasonable excuse.
(1) For this Act, an inspector may require a person who is in a biosecurity management area to do any of the following:
(a) state the person's name and address;
(b) provide:
(i) a copy of the person's consent to enter or remain in the area under section 16D(2); or
(ii) evidence of the person's right under a law of the Territory or a law of the Commonwealth to enter or remain in the area.
(2) A person given a requirement under subsection (1) commits an offence if the person contravenes the requirement.
Maximum penalty: 100 penalty units.
(3) An offence against subsection (2) is an offence of strict liability.
(4) It is a defence to a prosecution for an offence against subsection (2) if the defendant has a reasonable excuse.