Counterparts
The written agreement required in accordance with clause 12 may be signed in counterparts, and all counterparts taken together will be deemed to form a single, valid amendment to this agreement.
Note: a document is signed in counterparts when the parties each sign an identical copy of the document, but do not all sign the same copy.
Commencement of amendments
An amendment to this agreement will, subject to this clause (d), commence on the date it is signed by the last of the parties.
Addition of other parties
Parties may be added to this agreement after the date it commences with the consent of the Commonwealth, State and Territory Ministers responsible for biosecurity matters.
The terms of this agreement remain in effect if any other state or territory party is added after its commencement.
Review
Review of this agreement
Review by biosecurity agencies
The parties must ensure that, within five (5) years from commencement, the chief executive officers of agencies with responsibility for biosecurity matters will review the agreement’s implementation and effectiveness.
In conducting the review, the chief executive officers must:
seek and incorporate input from the NBC
consult with the Commonwealth, State and Territory Ministers responsible for biosecurity matters or those committees set up by these ministers to manage and oversee biosecurity matters.
Report to the ministers
The parties must ensure that, on conducting a review in accordance with clause 13, that a report is prepared for the Commonwealth, State and Territory Ministers responsible for biosecurity matters that must include comments on the agreement’s implementation and effectiveness—including any recommendations for amendments.
Step 2 Notifying party determines if the outbreak can be managed through pre-existing cost-sharing arrangements
Step 1 Party(s) becomes aware of or suspect an outbreak of pest or disease
Flow chart of approach to national biosecurity incident response
Step 6 (a)
NBMG confirms that the outbreak can be managed under pre-existing cost-sharing arrangements
Step 6 NBMCC provide advice to the NBMG on whether:
the outbreak can/cannot be managed under pre-existing cost-sharing arrangements
the outbreak is nationally significant and the pest or disease is likely to be eradicable
No
Step 7
Notifying party:
conducts a risk assessment, if one is not already done
conducts a technical feasibility analysis
conducts a cost:benefit analysis
prepares a national biosecurity incident response plan
submits all to the NBMCC
Step 8 NBMCC provides advice to the NBMG
No
Yes
Step 6 (b)
NBMG considers if:
the outbreak is nationally significant
the pest or disease is likely to be eradicable
NBMCC confirms the outbreak and notifies all parties
Step 3 Notifying party notifies reporting point within 24 hours of becoming aware of the outbreak
Step 5 If requested, the NBMG is established
Step 4 NBMCC established by parties
No
Step 9
NBMG determines if a national biosecurity incident response is required
Affected parties determine the appropriate response
Relevant consultative committee determines outbreak cannot be addressed under pre-existing cost-sharing arrangements
Step 10 National biosecurity incident response activated
All parties provide assistance (expertise and technical information)
Follow pre-existing cost-sharing arrangements
Notifying party conducts initial containment
Notifying party verifies outbreak and conducts risk assessment
Yes
Yes
Yes
No
Risk assessment
Introduction
Risk assessment is used to assess the likelihood of a pest or disease entering, establishing and spreading and the pest or disease’s potential impact.
In assessing the potential impact of the pest or disease the following factors may be considered:
the potential economic impacts, including those on the economy arising from negative consequences on human, animal or plant life, or health and relevant abiotic (non-living) aspects of primary production and/or business
the potential environmental impacts of the pest or disease, including negative changes to the environment or an ecosystem, whether natural or made by humans, including terrestrial, inland water and marine environments
the potential social amenity impacts of the pest or disease, including negative changes to human infrastructure and human health, including from zoonoses.
To avoid any doubt, where the impacts of the pest or disease are predominantly on public health and/or primary production, the incident will be dealt with under those pre-existing arrangements.
Risk assessments for emergency response activities
A risk assessment of the pest or disease must be undertaken under this agreement to help determine whether an emergency response should be mounted (see step 2 of clause 5).
The risk assessment will also be used to develop emergency actions to be undertaken as part of the national biosecurity incident response plan.
The response plan must be implemented in accordance with Australia’s international rights and obligations. Where the national biosecurity incident response plan includes implementing measures that will, directly or indirectly, affect international trade, or have the potential to do so, these measures must be consistent with Australia’s international rights and obligations.
National significance criteria
National significance
These criteria are only to be used to determine whether a particular pest or disease falls under the scope of this agreement.
These criteria can be used to assess whether a pest or disease is of national significance prior to an outbreak and/or when an outbreak has occurred.
A pest or disease is of national significance when at least one of the following national significance criteria are established in relation to the pest or disease, being criteria relating to:
the environment
people, including human infrastructure and social amenity
business activity.
Impacts on public health may be used to support the full impact assessment of a pest or disease but do not form part of an assessment of its national significance.
National significance criterion: environment
General
The national significance criterion covers the projected impacts of a pest or disease outbreak on the environment if the pest or disease was to realise its full potential range in Australia.
A pest or disease will meet this national significance criterion if any of the following sub-criteria are established:
impacts on nationally important species
impacts on ecologically valuable species
impacts on nationally important places
impacts on ecologically important places
extensive impacts.
To avoid any doubt, ‘impact’ is defined in accordance with clause of this agreement (that is, ‘causing significant negative consequences’).
Impacts on nationally important species
A ‘nationally important species’ is a native species that has a particular significance to the Australian community across the nation because it is:
relevant to the national identity; or
nationally listed; or
the subject of an international obligation.
For example, kangaroo species, koala, whale species and painted snipe.
This sub-criterion is met if the pest or disease is likely to have a significant impact on the conservation status of a nationally important species.
The following guideline will help with determining whether item of this schedule is established:
An outbreak of a pest or disease will have a significant impact on the conservation status of nationally important species where it is likely that the outbreak will or would:
substantially modify (including by fragmenting habitats, altering fire regimes, altering nutrient cycles or altering hydrological cycles), destroy or isolate a significant proportion of the habitat for a nationally important species; or
seriously disrupt the lifecycle (including reproduction, feeding/nutrient uptake, migration or resting behaviour) of an ecologically significant proportion of the population of a nationally important species.
Impacts on ecologically valuable species
An ‘ecologically valuable species’ is a native species that makes a significant contribution to national biodiversity due to factors such as:
it being a keystone species, meaning a species that provides an essential role in the ecosystem in which it resides. An example of a keystone species is a species of gum tree that provides an over-storey to a bush ecosystem and hence support for many animals, birds, invertebrates, soil microbes etc; or
the phylogenetic distinctiveness of the species. For example, the cassowary, strangler fig, spinifex, Mitchell grass, the Australian salamanderfish and the Australian lung fish.
This sub-criterion is met if the pest or disease would likely have a significant impact on the conservation status of an ecologically valuable species.
The following guideline will help with determining whether item (d)(i)(C)(e)(iii) of this schedule is established:
An outbreak of a pest or disease will have a significant impact on the conservation status of an ecologically valuable species where it is likely that the outbreak will or could:
substantially modify (including by fragmenting habitats, altering fire regimes, altering nutrient cycles or altering hydrological cycles), displace, destroy or isolate a significant proportion of the habitat of an ecologically valuable species; or
seriously disrupt the lifecycle (breeding, feeding, migration or resting behaviour) of an ecologically significant proportion of the population of an ecologically valuable species.
Impacts on nationally important places
A ‘nationally important place’ is any place that has a particular significance to the Australian community or because it is relevant to the national identity. For example, nationally important places may include National Heritage Places included in the National Heritage List under the Environment Protection and Biodiversity Conservation Act 1999 and Australian properties included on the World Heritage list.
This sub-criterion is met if the pest or disease would be likely to have a significant impact on the values that make a place nationally important.
Impacts on ecologically valuable places
An ‘ecologically valuable place’ is an area that:
makes a significant contribution to Australia’s natural environment; or
meets national heritage listing criteria, as set out in the Environment Protection and Biodiversity Conservation Act 1999 and regulations; or
are nationally-listed, ecological communities and RAMSAR wetlands covered under the Environment Protection and Biodiversity Conservation Act 1999.
This sub-criterion is met if the pest or disease would be likely to have a significant impact on the national heritage values of an ecologically valuable place.
Extensive impacts
An ‘extensive impact’ means severely and/or extensively affecting one or more of the following:
the physical environment
Australian biodiversity
the structure of ecological communities
ecosystem functions
environmental amenity
ecosystem services.
This sub-criterion is met if the pest or disease would likely have an extensive impact, regardless of whether the pest or disease also meets one of the other sub-criteria with regard to nationally important or ecologically valuable species or places. For example, the following species may meet this sub-criterion: Didymosphenia geminata (rock snot) cool water aquatic plant, fanworms (species not yet present in Australia), new weeds that are scientifically assessed as having the potential to cause significant impacts and Puccinia psidii (Eucalyptus rust). The following species would |
