Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) Unless the
contrary intention appears —
(a) in
this regulation and in Schedule 4A Part 3 —
metropolitan area shall have the same meaning as
“metropolitan region” under the Metropolitan Region Town Planning
Scheme Act 1959 3 ; and
(b) in
this regulation —
Perth Statistical Division means the area set out
in Map 3 of the Australian Bureau of Statistics publication ‘Crops and
Pastures Western Australian Season 1986-1987’ published in March 1988,
but does not include an area defined in a notice under section 12 of the
Act in which the disease potato cyst nematode is the subject of the notice;
potato growing region means —
(a) the
Shires of Gingin, Jerramungup and Ravensthorpe; and
(b) that
portion of the State described in Schedule 1 Part B
condition 14(3)(b).
(2) Subject to
subregulation (5) a person who grows potatoes in the Perth Statistical
Division —
(a)
shall ensure that all potato crops are fork tested for potato cyst nematode at
the crop maturity stage as specified by an inspector;
(b)
shall obtain a certificate from an inspector in the form of Form 2A in
Schedule 3 certifying that the potatoes have been treated in accordance
with this regulation; and
(c)
shall not move any machinery, farm equipment, bulk bins, bags or other
containers from the Perth Statistical Division to any other part of the State
until he receives a certificate issued by an inspector in the form of
Form 4 in Schedule 3 verifying that the machinery, farm equipment,
bulk bins, bags or other containers have been cleaned and are free from soil
contamination.
(3) Subject to
subregulation (5) a person who washes, grades, packs, stores, processes
or otherwise treats potatoes grown in the Perth Statistical Division
shall —
(a) not
take delivery of any potatoes unless the potatoes are accompanied by Form 2A
issued in accordance with subregulation (2)(b);
(b)
ensure that trucks, containers and any other form of conveyance or potential
carrier which has been in contact with the potatoes do not leave the premises
until all soil and potato material has been removed;
(c)
clean soil and potato material from packing, processing and other equipment
which has been in contact with the potatoes curing packing or processing; and
(d) deep
bury the soil and potato material removed under paragraphs (b) and (c).
(4) Subject to
subregulation (5) a person who distributes or sells potatoes grown in the
Perth Statistical Division —
(a)
shall ensure the potatoes are washed clean of any soil before distribution or
sale;
(b)
shall not distribute or sell the potatoes to any potato growing region of the
State outside the Perth Statistical Division;
(c) may
distribute or sell clean washed waste potatoes for stock feed in the
metropolitan area in approved quantities at distribution points nominated by
an inspector.
(5) An inspector may,
by notice, upon receipt of a written request from a person referred to in
subregulation (2), (3) or (4) exempt the person from any or all of the
treatment or controls referred to in subregulation (2), (3) or (4).
(6) For the purposes
of regulation 16(1) —
(a)
Perth Statistical Division is a specified portion of the State; and
(b)
potato cyst nematode ( Globodera rostochiensis ) is a specified disease.
(7) A person who takes
imported potatoes into —
(a) the
Shire of Gingin, Jerramungup or Ravensthorpe; or
(b) that
portion of the State described in Schedule 1 Part B
condition 14(3)(b),
commits an offence.
[Regulation 17A inserted in Gazette
25 May 1990 p. 2376-7; amended in Gazette 24 Jan 2003
p. 142; (correction to reprint in Gazette 30 Jun 2006
p. 2363).]