This note is not part of the order, but is intended to indicate its general effect.
This order, which comes into force on 17 May 2013, makes the National Psa-V Pest Management Plan (the Plan).
The matters that are required to be included in the Plan are set out in section 64 of the Biosecurity Act 1993 (the Act).
In summary, the Plan, as made by clause 4, provides that Kiwifruit Vine Health Incorporated (KVH) is the management agency (see clause 21) and, as such, has various powers available to it to manage the organism Psa-V, which affects kiwifruit plants.
Clauses 6 and 7 set out the objectives of the Plan, and clauses 8 and 9 deal with the principal measures to be taken to achieve these objectives and how their effectiveness is to be monitored and measured. Clause 12 sets out the powers under Part 6 of the Act that are available to authorised persons (those appointed under section 103 of the Act) in relation to the implementation of the Plan. The principal measures available to KVH include—
the determination and establishment of exclusion regions, containment regions, and recovery regions, each of which is defined in clause 3:
monitoring, to enable a better understanding of the distribution and impact of Psa-V and how to best manage its spread and effects (including in relation to abandoned orchards and wild kiwifruit plants):
the ability to impose movement controls on risk items (as defined in clause 3):
providing for best-practice Psa-V management in orchards.
Clauses 10 and 11 provide that funding for the implementation of the Plan is to be by way of levies paid under the Biosecurity (Psa-V—Kiwifruit Levy) Order 2013 (the levy order) and any other funds received by KVH for the purposes of implementing the Plan, and that there are no limitations on the way in which the funds collected under the levy order may be used to implement the Plan.
Clause 13 deals with the Plan rules, which are set out in clauses 14 to 20. A person who fails to comply with a Plan rule (other than Plan rule 1: requirement to have and operate in accordance with a Psa-V orchard management plan) commits an offence (see section 154N(18) of the Act). Plan rules that place the primary responsibility on the occupier of the orchard also make provision for the owner of the orchard to bear responsibility in the event that the occupier is either not responsible (or cannot be held responsible) for the management of the orchard or cannot be identified. Plan rules 2 to 7 relate to—
having, and operating in accordance with, a Psa-V risk management plan (Plan rule 2):
reporting of symptoms, or of potential symptoms, of Psa-V (Plan rule 3):
providing information to KVH or an authorised person (Plan rule 4):
having an effective crop protection programme in place (Plan rule 5):
unmanaged and abandoned orchards (Plan rules 6 and 7).
Clauses 22 to 24 deal with other matters that are required, by section 64 of the Act, to be included in the Plan, but which have no effect for the purposes of this Plan.
Clause 25 provides that the Plan commences when this order comes into force (17 May 2013: see clause 2) and terminates on the 10th anniversary of that date.
Finally, clause 26 provides that the Plan is to be implemented in accordance with any matters required by a national policy direction.