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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:
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:
outbreak, in relation to pests and diseases means a recently detected outbreak of:
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:
pre-existing cost-sharing arrangement, in relation to an emergency response to a pest or disease means:
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:
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.
In this agreement, unless the contrary is indicated:
The parties acknowledge that:
with each party having responsibilities and obligations in accordance with that framework.
The parties agree and acknowledge:
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