National Environmental Biosecurity Response Agreement 3




НазваниеNational Environmental Biosecurity Response Agreement 3
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Costs of initial containment work

The notifying party, and any other state or territory party to which step 1 of clause 5 of this agreement applies, will meet the costs of the initial containment and control work.

      1. Cost-sharing once a national biosecurity incident response plan is approved

When the NBMG has approved a response plan, cost-sharing principles will apply in respect of:

        1. eligible costs met by the parties in accordance with items 2 and of this schedule, by way of reimbursement in accordance with clause 6.1(s) of this agreement

        2. eligible costs arising from implementing the plan

        3. owner reimbursement costs, specified in item 3.4 of this schedule, from

          1. the date of first notification of the outbreak to the relevant state(s), territory(s) or the Commonwealth; or

          2. an earlier date as may be determined by the NBMG on advice from the NBMCC

        4. investigation and diagnostic costs, if approved by the NBMG as being relevant and reasonable.

        5. Eligible costs

Eligible costs are as set out in this item (e), provided they are above a party’s normal commitment, as determined by the NBMG.

Salaries and wages

        1. The following are eligible costs:

        2. subject to item (v) of this schedule, salaries, wages or fees for staff, consultants, contractors or externally funded staff engaged by a party to assist directly with a response, and for staff, consultants, contractors, or externally funded staff engaged to backfill positions of existing permanent staff who are assisting directly with a response

          1. subject to item (v) of this schedule, allowances for staff, consultants, contractors or externally funded staff engaged in implementing a national biosecurity incident response plan, including

            1. meal allowances

            2. district allowances

            3. penalty rates

            4. accommodation assistance

          2. payroll tax, workers’ compensation, superannuation and leave for staff engaged directly for, or as a result of, implementing a response plan

          3. overtime incurred directly as a result of implementing a response plan

          4. reimbursements to volunteer emergency service personnel by negotiation with the service provider, but generally limited to out-of-pocket or incidental expenses.

          5. Where the eligible costs are costs arising in accordance with items (g) and (i) of this schedule in relation to contractors engaged by the parties to implement a national biosecurity incident response plan, those costs will only be eligible costs up to the fees and allowances level approved by the NBMG, or such other relevant fee structure.

        3. The following are not eligible costs:

          1. salaries, wages or fees for staff, consultants, contractors, or externally funded staff who are, or who would be, engaged by a party irrespective of a response plan being implemented. However where the use of consultants or contractors, adds materially to the cost of the response to the jurisdiction, then these additional costs are eligible costs. The use of externally funded staff should also be acceptable provided the funds associated with those staff prior to the implementation of the response plan are suspended, withheld or refunded to the original funding party during the secondment of those staff to the response.

          2. Operating expenses

Operating expenses incurred directly by a party when undertaking activities required by a response plan will be classed as eligible costs, subject to any conditions specified below:

the cost of additional staff and operating costs incurred as a result of activities

          1. required by a national biosecurity incident response plan

          2. provided internally by an agency of a state or territory party

        1. costs incurred by a state or territory party in obtaining laboratory services or the services of taxonomic experts from an external source to assist in the implementation of a national biosecurity incident response plan. The amount of eligible costs will be

          1. where the specified contracted level of services is exceeded, an amount equivalent to the marginal cost in accordance with item (h)(ii) of this schedule that would be charged by a comparable government laboratory for that additional service

          2. where there is no specified contracted service level, an amount not exceeding the full price that would be charged by a comparable government laboratory for those services

          3. costs arising from the purchase of stores and equipment for the implementation of a national biosecurity incident response plan. The eligible costs will be as valued

        2. at the time of the proof-of-freedom or upon a determination by the NBMG that the national biosecurity incident response will not continue, in accordance with clause 5.4(c) of this agreement, in which case the stores or equipment will be sold within 60 days; or

          1. if disposed of prior to the time referred to in item (ii)(iii)(j) of this schedule, at the time of disposal.

The proceeds from any sale of stores or equipment, or equivalent value, will be distributed to the parties in the same proportions as their contribution in accordance with the cost-sharing arrangement, unless the parties approve otherwise

        1. other essential operating costs will be eligible costs if so determined by the NBMG and specified in a national biosecurity incident response plan.

      1. Capital costs

Regardless of whether capital equipment has already been purchased or will be purchased by a party:

        1. eligible costs include the costs arising from obtaining (or obtaining the use of) essential equipment for the immediate servicing needs of a response plan; but

        2. eligible costs will not include capital expenditure on major items, such as motor vehicles or buildings, unless

          1. the response plan specifies that the costs are to be eligible costs

          2. the capital items are essential for, and specific to, activities under the response.

Note that the working life of such capital items would normally be expected to extend beyond the response and may be utilised in other ongoing programs. Accordingly, the cost of such items is a party’s responsibility

        1. such equipment will be valued and dealt with in accordance with item (ii)(iii) of this schedule.

        2. Owner reimbursement costs

        3. Subject to the conditions and restrictions set out in this item (d), owner reimbursements are eligible costs.

        4. Subject to the conditions set out in item (d) of this schedule, owner reimbursements are costs (including costs of damage) arising from actions approved by the NBMG for the implementation of a national biosecurity incident response plan.

        5. Owner reimbursement costs could include:

        6. direct eradication costs arising from actions undertaken as part of a national response to a pest or disease

          1. direct costs arising from actions to prevent the spread of a pest or disease where the resulting impacts are predominantly relating to the environment

          2. the costs of property that has been destroyed as a result of actions undertaken as part of a response to an outbreak of a pest or disease that predominantly affects the environment

          3. costs arising from actions undertaken as part of a response, for example, additional pest control measures, special cleaning of machinery or equipment, slipway costs

          4. direct costs arising, in relation to a native species that is

          5. directly threatened by the pest or disease subject to the national response; or

            1. directly threatened as a result of actions undertaken as part of the response

from:

            1. relocation

            2. housing

            3. breeding

            4. rehabilitation; or

            5. other related actions

undertaken in relation to the native species, provided that the threat to the native species referred to in item (d)(g)(iv)(v) or (A) of this schedule was (wholly or partly) a justification for the NBMG to regard the outbreak of the pest or disease as being of national significance.

Owner reimbursement costs will not include:

        1. the actual cost of replacing species not included in item (d)(g) of this schedule that have been destroyed for the purposes of actions undertaken as part of a national biosecurity incident response to a pest or disease

          1. costs (or any part of costs) where the owner, who would otherwise be entitled to owner reimbursements in accordance with this item 3.4, has been convicted of any offence which was or is directly related to actions undertaken as part of a national biosecurity incident response

          2. costs that are attributable to

            1. loss of profits

            2. loss occasioned by a breach of contract

            3. loss of production; or

            4. any other consequential loss whatsoever; or

          3. costs (or any part of costs) where the owner, who would otherwise be entitled to owner reimbursements in accordance with this item (d)

            1. is a private beneficiary party, as determined by the NBMG

            2. has not contributed the amount determined by the NBMG for the national response.

            3. Audited statements of eligible costs

        2. To help it determine the parties’ respective contributions to eligible costs, the NBMG may seek an audited statement of expenditure from any party at any time during, or on completion of, a national biosecurity incident response.

        3. Parties are required to maintain auditable records of eligible costs in accordance with clause  of this agreement.

        4. The reasonable costs incurred by:

          1. the NBMG in obtaining efficiency audits in accordance with clause 6.3(h) of this agreement, and in accordance with Attachment 5D to this schedule

          2. all affected parties in maintaining accounts and records as required in accordance with clause  of this agreement

          3. the notifying party when

            1. preparing the reports required in accordance with clause (e) of this agreement, and in accordance with Attachment 5D to this schedule

            2. obtaining financial audits required in accordance with clause (h) of this agreement, and in accordance with Attachment 5D to this schedule

are eligible costs.

Attachment 5A Potential distribution of terrestrial pests and diseases

    1. Introduction

        1. This attachment provides guidance on the process to be undertaken in determining the total potential distribution of a terrestrial pest or disease.

        2. The potential distribution of a pest or disease represents the potentially affected area by that pest or disease.

        3. This determination relates to calculating, in accordance with clause (d) of the agreement, what percentage of the total potentially affected area is represented by a party’s jurisdiction which, in turn, leads to a determination of that party’s percentage of risk and, subsequently, the number of people affected.

        4. This process does not include analysis of potential impacts, as these are considered during the risk assessment, technical feasibility and cost:benefit analyses.

    1. Fundamental assumptions for determining the potential distribution of terrestrial pests and diseases

In modelling the potential distribution of a terrestrial pest or disease, the following fundamental assumptions apply:

        1. The contemporary situation will continue. The analysis will not include a consideration of possible future factors affecting the projected potential distribution, for example, climate change or changes in management actions, such as an increase in land clearing.

        2. The pest or disease has been evenly, aerially spread across the country. The analysis will not be concerned with the pathway by which a pest or disease might enter or has entered the country, nor with the potential rate of its spread, but will be concerned with the areas in which the pest or disease could survive and/or become established.

        3. There are no physiological or biological barriers to reproduction (i.e. the model assesses the area of climate match suitability where the species could establish if it could successfully reproduce).

        4. A general situation is to be relied on. While discussion of exceptions is important, the advice to be provided would be for the general situation.

    1. Data requirements for determining the potential distribution of terrestrial pests and diseases

      1. Introduction

The information required, or which would be useful, for determining the potential distribution of terrestrial pests and diseases includes:

        1. essential data—a prerequisite for a determination

        2. valuable data—which will assist with a determination

        3. secondary data—which will also assist with a determination.

      1. Essential data

At a minimum, a determination of the potential distribution of a terrestrial pest or disease requires the following types of data:

        1. information to underpin a correct diagnosis/taxonomic identification

        2. climate data

        3. knowledge of overseas range, including native and invaded ranges.

      1. Valuable data

Data on the types and range of obligate hosts or habitats is valuable for determining the potential distribution of terrestrial pests and diseases, provided it is available and incontrovertible.

      1. Secondary data

        1. Secondary data that directly affect the potential distribution of a pest or disease can be used to determine the potential area of infestation. Secondary data will only be used if all parties on the NBMCC agree and only if it is available, highly relevant and incontrovertible.

        2. Secondary data includes:

          1. insolation

          2. humidity

          3. land use

          4. vegetation cover

          5. soil type.

        3. If the secondary data are known to limit the extent of potential distribution they should be combined with the modelling output to increase the robustness of the conclusions on potential distribution.

        4. It may also be useful to analyse a number of factors to establish the timing of management actions and response arrangements (for example: it is important to undertake action within days for an outbreak of eucalyptus rust, while action may be delayed for up to 18 months with the European house borer). Such factors may include:

          1. reproductive rates

          2. dispersal capacity/dispersal pathways

          3. vector dispersal

          4. natural barriers

          5. the presence of natural enemies (predators/competitors/diseases/parasites) in Australia.

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