Western Australian Consolidated Regulations Western Australian Consolidated Regulations[Regulation 19]
[Heading inserted in Gazette 25 May 1990
p. 2383.]
Part 1 — Steps and measures to eradicate and prevent
the spread of potato cyst nematode under section 11 of the Act
[Heading inserted in Gazette 25 May 1990
p. 2383.]
The occupier shall disinfest the infested orchard
in the manner approved by the Director General.
[Clause 1 inserted in Gazette
25 May 1990 p. 2383.]
2 . Solanaceous crops prohibited
Subject to clause 3 after
disinfestation an occupier shall not grow solanaceous crops other than
potatoes in the orchard until further notice in writing from the Director
General.
[Clause 2 inserted in Gazette
25 May 1990 p. 2383.]
3 . Potato crops other than approved varieties
prohibited
The
occupier shall not grow potato crops other than those varieties approved by
the Director General.
[Clause 3 inserted in Gazette
25 May 1990 p. 2383.]
The occupier shall ensure that potato crops are
fork tested at the crop maturity stage, as specified by an inspector.
[Clause 4 inserted in Gazette
25 May 1990 p. 2383.]
The occupier
shall —
(a)
harvest the potato crop as directed by an inspector; and
(b)
transport the potato crop in plastic lined bins to a processing establishment
nominated by an inspector.
[Clause 5 inserted in Gazette
25 May 1990 p. 2383.]
(1) The occupier shall
not move any potatoes from the orchard until he receives a certificate issued
by an inspector in the form of Form 3 in Schedule 3.
(2) A certificate
referred to in subclause (1) shall —
(a)
certify that the crop has been treated in accordance with clause 4;
(b)
nominate the processing establishment to which the crop shall be delivered;
and
(c)
specify any other steps which the inspector may require to be taken.
[Clause 6 inserted in Gazette
25 May 1990 p. 2383-4.]
7 . Machinery etc. shall be cleaned
The occupier shall
clean all machinery, vehicles and farm equipment (including bulk bins and
footwear) on an approved hard surface area under the supervision of an
inspector.
[Clause 7 inserted in Gazette
25 May 1990 p. 2384.]
8 . Machinery etc. shall be certified
The occupier shall not
move any machinery, vehicles or farm equipment (including bulk bins and
footwear) until he receives a certificate, issued by an inspector, in the form
of Form 4 in Schedule 3 verifying that the machinery, vehicles or farm
equipment (including bulk bins and footwear) have been cleaned in accordance
with clause 7 and are free from soil contamination.
[Clause 8 inserted in Gazette
25 May 1990 p. 2384.]
An occupier who grows
crops other than potatoes in the orchard, may dispose of those crops where,
before being removed from the orchard, they have been trimmed and are free
from soil.
[Clause 9 inserted in Gazette
25 May 1990 p. 2384.]
The occupier of an orchard referred to in
regulation 19(5) shall —
(a) not
grow potato crops other than those varieties approved by the Director General;
and
(b)
comply with clauses 4, 6 and 8.
[Clause 10 inserted in Gazette
25 May 1990 p. 2384.]
Part 2 — Steps and measures to control, eradicate and
prevent the spread of potato cyst nematode under section 12 of the Act
[Heading inserted in Gazette 25 May 1990
p. 2384.]
In this Part unless the contrary intention
appears —
infested area means the area defined in the notice
referred to in regulation 19(7).
[Clause 1 inserted in Gazette
25 May 1990 p. 2384.]
2 . Potato crops other than approved varieties
prohibited
The owner
or occupier of an orchard within the infested area shall not grow potato crops
other than those varieties approved by the Director General.
[Clause 2 inserted in Gazette
25 May 1990 p. 2384.]
The owner or occupier shall ensure that potato
crops are fork tested at the crop maturity stage, as specified by an
inspector.
[Clause 3 inserted in Gazette
25 May 1990 p. 2384.]
4 . Delivery and decontamination
The owner or occupier shall deliver
the potato crop to a processor or merchant nominated by an inspector.
[Clause 4 inserted in Gazette
25 May 1990 p. 2384.]
(1) The owner or
occupier shall not move any potatoes from the orchard until he receives a
certificate issued by an inspector in the form of Form 5 in Schedule 3.
(2) A certificate
referred to in subclause (1) shall —
(a)
certify that the crop has been treated in accordance with clause 3;
(b)
nominate the processing establishment to which the crop shall be delivered;
and
(c)
specify any other steps which the inspector may require to be taken.
[Clause 5 inserted in Gazette
25 May 1990 p. 2384.]
6 . Movement of machinery etc. prohibited unless
certified
The owner or occupier
shall not move any machinery, vehicles or farm equipment (including bulk bins
and footwear) from orchard to orchard or out of the infested area until he
receives a certificate in the form of Form 6 in Schedule 3 verifying that
the machinery, vehicles or farm equipment (including bulk bins and footwear)
are free from soil contamination.
[Clause 6 inserted in Gazette
25 May 1990 p. 2384.]
7 . Conditions applying to associated orchards
(1) The owner or
occupier of an orchard within the infested area who also operates an orchard
outside the infested area shall —
(a)
subject to subclause (2) —
(i)
plant approved varieties of potatoes; or
(ii)
adopt a 4 year rotation with a pre-plant nematicide
for the disease;
and
(b)
comply with clauses 3, 4, 5 and 6.
(2) Notwithstanding
subclause (1)(a) an owner or occupier may, in the year 1990, plant a
variety of potato which is susceptible to potato cyst nematode provided that a
pre-plant nematicide approved by the Director General is used before planting.
[Clause 7 inserted in Gazette
25 May 1990 p. 2384-5.]
[Regulation 19A]
Part 3 — Steps and measures to be taken by persons
referred to in regulation 19A to eradicate or reduce the spread of the
disease
[Heading inserted in Gazette 25 May 1990
p. 2385.]
A person referred to in regulation 19A
shall —
(a) not
take delivery of any potatoes unless the potatoes are accompanied by Form 3
issued in accordance with Part 1 Clause 6(1) or Form 5 issued in
accordance with Part 2 Clause 5 as the case may be;
(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 during packing or processing; and
(d) deep
bury the soil and potato material removed under paragraphs (b) and (c).
[Clause 1 inserted in Gazette
25 May 1990 p. 2385.]
(1)
For the purposes of this clause unless the
contrary intention appears —
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.
(2) A person referred
to in regulation 19A who distributes or sells potatoes grown in an
orchard referred to in regulation 19A(1) —
(a) may
only distribute clean washed potatoes;
(b)
shall not distribute or sell potatoes to any potato growing region of the
State outside the Perth Statistical Division; and
(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.
[Clause 2 inserted in Gazette
25 May 1990 p. 2385.]