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National Environmental Biosecurity Response Agreement
National Environmental Biosecurity Response Agreement 3
Operative provisions 3
Part I.Purpose and scope 3
1.Purpose of agreement 3
Part II.Glossary and interpretation 4
2.Existing definitions 4
Part III.Acknowledgements regarding the legislative framework for biosecurity 10
3.General acknowledgments regarding legislative framework 10
3.2Nothing in this agreement will affect or alter activities undertaken within Australia pursuant to fulfilling rights and obligations under relevant international agreements, including: 10
Part IV.Acknowledgements regarding party roles and responsibilities 11
4.Acknowledgements regarding roles and responsibilities in preparing for and responding to outbreaks 11
Part V.National approach to outbreaks of pests and diseases 13
5.Outline of the process for a national approach to a response 13
5.2The chief biosecurity officer, chief veterinary officer, chief plant health manager or equivalent in the jurisdiction in which the suspected outbreak of the pest or disease occurs will comprise the notifying party. 15
5.3The NBMG must determine whether the pest or disease that is the subject of the outbreak is of national significance and likely to be eradicable. 16
5.4Based on its determination, and in accordance with clause 5.2(c)(iii), the NBMG must decide whether an outbreak of a pest or disease requires a national biosecurity incident response. 17
5.5Only those parties involved in the cost-sharing associated with a national biosecurity incident response have the right to participate (by voting) in related NBMG determinations. 18
6.Cost-sharing in accordance with this agreement 19
6.2The NBMG/s may commit up to $5 million (in annual aggregate) towards the eligible costs associated with agreed national biosecurity incident responses under this agreement. 21
6.3On commencement of this agreement, the NBMG secretariat will ensure that an officer is responsible, as part of their job description, for coordinating and collating claims for reimbursement, in accordance with clause 6.1(s), of a party’s eligible costs arising from a national biosecurity incident response. 22
Part VI.Institutional structures 24
7.Institutional structures to support this agreement 24
7.1The parties agree that this agreement will be supported by national institutional arrangements that deliver consolidated, strategic and timely decision-making. 24
7.2An outbreak-specific NBMG will be convened on the request of any party or on the advice of the NBMCC in accordance with step 5 of clause 6.1. 25
8.Review of existing legislative and administrative arrangements 25
Part VII.Managing the agreement 26
9.Representatives of the parties 26
10.The process for resolving disputes 26
12.Amendments to be in writing 27
Part VIII.Review of this agreement 28
13.Review by biosecurity agencies 28
Schedule 1 Flow chart of approach to national biosecurity incident response 29
Schedule 2 Arrangements for cost-sharing of eligible costs 40
Schedule 3 Legislative and administrative arrangements 69
Schedule 4 National Biosecurity Management Group 71
Signing page 80
National Environmental Biosecurity Response Agreement
This agreement is made between the following parties (collectively referred to as ‘the parties’):
The parties agree:
The purpose of this agreement is to establish national arrangements for responses to nationally significant biosecurity incidents where there are predominantly public benefits.
Interaction with related biosecurity arrangements
To reduce the impacts of pests and diseases on Australia’s environment and social amenity this agreement establishes national response arrangements, including for cost-sharing, to be applied by agreement of the parties where there are no pre-existing arrangements.
This agreement will achieve or promote the following outcomes:
To avoid doubt, the parties to this agreement maintain that it should not be a legally binding contract but, notwithstanding this, intend to comply with all its provisions.
Except as set out in clause , terms used in this agreement have the same meaning as given to those in the SPS agreement.
In this document:
affected, in relation to the parties means the Commonwealth, state or territory parties that are, or may be, directly affected by an outbreak of a pest or disease as determined by the National Biosecurity Management Group, in the sense that the pest or disease actually or potentially occurs in that party’s jurisdiction.
agreement means this agreement and all schedules and attachments to this agreement.
biosecurity means mitigating the risks and impacts to the economy, the environment, social amenity or human health associated with pests and diseases.
claiming party has the meaning given to that term in clause 5.2(c).
commencement means the commencement of this agreement in accordance with clause 11.
Commonwealth means the party to this agreement that is the Commonwealth of Australia.
Commonwealth land means land:
and any other land included in a Commonwealth reserve.
Commonwealth waters means waters beyond three nautical miles from the territorial sea baseline to the outer edge of Australia’s exclusive economic zone (i.e. all the areas not state waters as defined in the Coastal Waters (State Powers) Act 1980 (Cth) and the Seas and Submerged Lands Act 1973 (Cth), or as otherwise agreed between the Commonwealth and the relevant state or territory.
consensus, with regard to decision-making, means that all of the parties present support a decision. This includes not abstaining when a particular issue is considered.
conservation status has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999 (Cth).
cost:benefit analysis or cost beneficial means an analysis having the objectives set out in, and carried out in accordance with, item 5.1 of .
cost-sharing means the proportional funding of a national biosecurity incident response by some or all of the parties, and is determined in accordance with item 2 of Schedule 2.
disease means the presence of a pathogenic agent in a host and/or the clinical manifestation of infection that has an impact or poses a likely threat of an impact. It includes micro-organisms, disease agents, infectious agents and parasites.
eligible costs means the costs incurred when implementing a national biosecurity incident response that are over and above normal commitments and eligible for cost-sharing, and are set out in item 3 of Schedule 2.
emergency response, in relation to pests and diseases means the actions taken in anticipation of, during and immediately after an outbreak to ensure that its impacts are minimised and may include:
environment has the same meaning as in section 528 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth).
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