National Environmental Biosecurity Response Agreement 3




НазваниеNational Environmental Biosecurity Response Agreement 3
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eradication or eradicate, in relation to pests and diseases means eliminating a pest or disease from an area. Eradication is indicated by the pest or disease no longer being detectable (see ‘proof of freedom’).

established or establishment, in relation to pests and diseases means a pest or disease that, for the foreseeable future, is perpetuated within any area and which it is deemed not feasible (either technically or as a result of a cost:benefit analysis) to eradicate.

fulminant outbreak form means an outbreak of a scale or severity that requires an emergency response to ensure that there is not an epidemic of national significance or serious loss of market access.

human infrastructure means the man-made surroundings, including buildings, roads, fixtures, parks and other transport corridors, as well as the housing and residential areas, commercial centres, pipelines and utilities, that can influence the natural environment.

impact, in relation to pests and diseases, means the significant negative consequences caused by a pest or disease on:

      1. the environment or an ecosystem, including terrestrial, inland waters and marine environments;

      1. social amenity including negative impacts on human infrastructure or human health, including from zoonoses; and/or

      2. the economy, including negative impacts on human, animal or plant life, or health and relevant abiotic aspects of primary production and/or business.

incident means an outbreak of a pest or disease.

international standard setting bodies means the international organisations and subsidiary bodies that develop international standards, guidelines and recommendations that are recognised by the SPS agreement, namely, the Codex Alimentarius Commission, the International Plant Protection Convention, the World Organisation for Animal Health, and the International Maritime Organisation.

ministers means the Commonwealth and State and Territory Ministers responsible for biosecurity responses that are for public benefit.

National Biosecurity Committee or NBC means the committee established, independently of this agreement, responsible for biosecurity matters, and tasked with managing a national, strategic approach to emerging and ongoing biosecurity policy issues as set out in clause 7.1(d). This also means any successor bodies that undertake these roles.

national biosecurity incident response, in relation to a pest or disease outbreak, means an emergency response undertaken in accordance with, and outlined in, a national biosecurity incident response plan.

national biosecurity incident response plan (national response plan), in relation to an outbreak of a pest or disease, means a plan outlining an emergency response to a pest or disease outbreak that is prepared and approved in accordance with this agreement, and may be subject to cost-sharing arrangements.

National Biosecurity Management Consultative Committee or NBMCC means the committee established in accordance with clause 7.1(g) with roles set out in .

National Biosecurity Management Group or NBMG means the group established in accordance with clause (d) and having the roles set out in Schedule 4.

national significance or nationally significant, in relation to a pest or disease means that the NBMG has determined, in accordance with and 3, that it meets the national significance criteria, and the risk assessment indicates that it would likely have national impacts.

national significance criteria means the criteria set out in .

normal commitments means the resource costs of a party that exist for, or are required to carry out, its normal biosecurity commitments (including technical and operational requirements) considered as a baseline above which other costs that are required to respond to an outbreak of a pest or disease may, subject to this agreement, be eligible for cost-sharing. Guidelines for the interpretation of what constitutes normal commitments will be determined by unanimous decision of the ministers that have responsibility for each of the parties to this agreement.

notifying party has the meaning given to that term in clause 5.2.

ongoing management, in relation to pests and diseases means:

      1. activities after an initial emergency response to an outbreak (including a national biosecurity incident response) has been unsuccessful, was not considered feasible, or has ceased, including when the NBMG has made a determination in accordance with clauses 5.4(b)(iv) and 5.4(b)(x) that a national biosecurity incident response either not begin or should end; and/or

      1. managing established pests and diseases.

outbreak, in relation to pests and diseases means a recently detected outbreak of:

      1. a known pest or disease

      1. a distinguishable variant of a pest or disease that is established, but not a new incidence of an established pest or disease

      2. a pest or disease of unknown or uncertain origin, or

      3. a pest or disease that is a potential threat to an area but is not yet present or widely distributed or being officially controlled, but is in such a fulminant form that an emergency response is required to ensure there is not a large-scale epidemic of regional or national significance or serious loss of market access.

pest means any species, strain or biotype of the Kingdoms Animalia (excluding human beings), Plantae, Fungi, Monera or Protista that have an impact or pose a likely threat of having an impact.

phylogenetic distinctiveness, in relation to a species means:

      1. the distinctness of a species from other, related species; or

      1. a species not closely related to other species that may have a distinct or important genetic inheritance of conservation significance.

pre-existing cost-sharing arrangement, in relation to an emergency response to a pest or disease means:

      1. the Government and Plant Industry Cost-sharing Deed in Respect of Emergency Plant Pest Responses

      1. the Government and Livestock Industry Cost-sharing Deed in Respect of Emergency Animal Disease Responses: and/or

      2. national arrangements in the health sector.

preparedness, in relation to pests and diseases, includes arrangements to ensure that, should an outbreak occur, all the necessary resources and services can be efficiently mobilised and deployed.

prevention, in relation to pests and diseases, includes regulatory and physical measures to ensure that outbreaks are prevented or their impacts mitigated, and includes pre-border, border and post-border activities.

primary production means cultivating, harvesting, rearing, farming, collecting, catching or producing animals or plants for commercial gain.

private beneficiary means a person, industry, entity or group, not being a party, who receives significant attributable private benefit from a national biosecurity incident response regardless of whether the benefit is economic or financial, non-economic, or intangible.

proof of freedom means that:

      1. surveillance activities carried out by the parties in accordance with the approved national biosecurity incident response plan indicate that the pest or disease has been eradicated and that

      1. the NBMG has made a determination in accordance with clause 5.4(b)(x) that the pest or disease subject to a national biosecurity incident response plan has been eradicated.

public benefit means the community receives significant benefit from a national biosecurity incident response, regardless of whether the benefit is economic, non-economic, environmental or intangible.

recovery, in relation to pests and diseases, means the restoration of physical, environmental and economic elements as well as psychosocial well being following an emergency response.

related biosecurity arrangements means any biosecurity-related agreements, contracts or arrangements already existing at the time this agreement comes into effect, and include, but are not limited to, the pre-existing cost-sharing arrangements as defined above.

reporting point has the meaning given to that term in clause 5.2(a)(iii).

risk assessment means the evaluation of the likelihood and the impacts of entry, establishment, or spread of a pest or disease, as set out in .

sector means specific biosecurity areas, such as animal health, aquatic animal health, plant health, marine pests, weeds, vertebrate pests, invertebrates and pathogens of the environment, and human health with respect to zoonoses/veterinary public health.

social amenity means any tangible or intangible resources developed or provided by humans or nature such as dwellings and parks, or views and outlooks.

SPS agreement means the World Trade Organization Agreement on the Application of Sanitary and Phytosanitary Measures.

state party means each party to this agreement that is a state of the Commonwealth of Australia.

state or territory party’s borders means the stated boundary of the jurisdiction of that party, including all land areas, internal waters and sea areas to 3nm of the territorial sea baseline, or as otherwise agreed by the relevant state/territory.

surveillance means the systematic investigation, over time, of a population or area to collect data and information about the presence, incidence, prevalence or geographical extent of a pest or disease. Surveillance includes active and passive approaches.

technical feasibility analysis or technically feasible means an analysis undertaken in accordance with item 4 of in relation to the feasibility of a national biosecurity incident response on the basis of conclusions reached by using scientific information to evaluate the proposed response.

termination means the termination of this agreement in accordance with clause .

territory party means a party to this agreement that is the Australian Capital Territory or the Northern Territory.

unanimous, in relation to a decision, means that all parties entitled to vote on a decision have voted in the same fashion.

Interpretation

In this agreement, unless the contrary is indicated:

      1. the singular includes the plural and vice versa

      2. a reference to one gender includes the other

      3. a reference to a person includes a body politic, body corporate or partnership

      4. a reference to currency is a reference to Australian currency

      5. a reference to an Act is a reference to an Act of the Commonwealth, or a state or territory of Australia, as amended from time to time, and includes references to any subordinate legislation made under the Act

      6. a reference to a clause includes a reference to a sub-clause of that clause

      7. a reference to a specification, publication, Commonwealth policy or other document is a reference to

        1. that specification, publication, Commonwealth policy or document in effect on the commencement date; or

        2. other versions of a document agreed to in writing by the parties.

      8. If a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning.

      9. Legislative framework

  1. Acknowledgements regarding the legislative framework for biosecurity

  1. General acknowledgments regarding legislative framework

The parties acknowledge that:

      1. in accordance with the Australian Constitution, the Commonwealth does not have exclusive power to make laws in relation to quarantine and biosecurity, meaning that Commonwealth and state and territory biosecurity laws can co-exist

      2. Australia’s legislative framework for biosecurity includes

        1. Commonwealth legislation

        2. state and territory legislation

with each party having responsibilities and obligations in accordance with that framework.

      1. Where inconsistencies may arise between state and territory legislation and this agreement, the parties will comply with the state and territory legislation to the extent of the inconsistency.

      2. Acknowledgements regarding international rights and obligations

    1. Nothing in this agreement will affect or alter activities undertaken within Australia pursuant to fulfilling rights and obligations under relevant international agreements, including:

        1. the right to apply standards, recommendations and guidelines developed by international standard setting bodies.

      1. Where the operation of this agreement results in measures that, directly or indirectly, affect international trade, or have the potential to do so, such measures must be developed and applied in accordance with Australia’s international rights and obligations, including those contained in the SPS agreement.1

      2. The 1995 Memorandum of Understanding on Animal and Plant Quarantine Measures between the Commonwealth and states and territories sets out the division of quarantine responsibilities between the Commonwealth and state and territory governments to enable compliance by Australia with relevant obligations under the SPS agreement.

      3. Roles and responsibilities

  1. Acknowledgements regarding party roles and responsibilities

The parties agree and acknowledge:

      1. the roles and responsibilities of other contributors in achieving effective biosecurity (including local government, industry, regional bodies, communities, natural resource management boards, catchment management authorities and natural resource managers, including farmers, fishers, land owners and Indigenous groups)

      2. that greater clarity is needed on the specific roles and responsibilities of local government and that this should be handled, where appropriate, in subsidiary agreements and arrangements within jurisdictions

      3. that, for the purposes of this agreement, this part describes the roles and responsibilities of the parties for working in partnership to achieve national emergency response outcomes specified under this agreement.

      4. Preparing for and responding to outbreaks

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