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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2024-10-31 Daily Xml
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Biosecurity Bill

Second Reading

Adjourned debate on second reading.

(Continued from 30 October 2024.)

The Hon. C.M. SCRIVEN (Minister for Primary Industries and Regional Development, Minister for Forest Industries) (15:39): I would like to thank all the members who made contributions at the second reading to this very important bill. I also note that the shadow minister has now indicated that she will withdraw her intent to refer the bill to an inquiry. I am certainly very pleased to see that the state opposition, which is at odds with the agriculture industry and groups across South Australia, has now backflipped on that, because it is important that we have the passage of this key biosecurity legislation without any unnecessary delay.

Clearly, she made the decision initially without consulting broadly across the agricultural industry. This really should have been done before giving notice in this place because it has caused concern in many of our agricultural and horticultural sectors. I think it might have been worthwhile for her to formally respond to all the agricultural stakeholders, advising them of her backflip. She may also want to reflect on why she waited until the second reading to address their concerns despite multiple letters from many agricultural peak bodies to members of this place.

However, I am pleased that the shadow minister will no longer seek to play politics by delaying the passage of this bill. It is too important for that. Key stakeholders from across agricultural commodities indicated that they were opposed to any delay of the Biosecurity Bill, such as would have been caused by referral to a committee, including Livestock SA, the South Australian dairy association, the South Australian Forest Products Association, the South Australian Horticulture Coalition, Grain Producers South Australia and the Wine Grape Council of South Australia.

The state government is pleased that the shadow minister has now finally listened to both industry as well as statements from this government and agreed that the passage of the bill is vital to the safety and security of our state's agricultural sector. The Biosecurity Bill was introduced into parliament on 29 August and has undergone extensive consultation through the drafting phase and earlier feedback processes, which have taken place over the last four years. Current legislation needs to be updated in order to be fit for purpose to manage emerging biosecurity risks in a dynamic environment.

The Biosecurity Bill adopts a contemporary legislative approach to preventing, eliminating, minimising, managing and controlling biosecurity risks. It consolidates the Plant Health Act 2009, the Livestock Act 1997, the Dog Fence Act 1946, the Impounding Act 1920 and relevant provisions of the Fisheries Management Act 2007 to provide a consistent and flexible framework to deal with emerging and ongoing biosecurity challenges.

The need for robust biosecurity legislation is highlighted by recent biosecurity incidents in South Australia and interstate. Here in South Australia, we have had the detection and management of abalone viral ganglioneuritis (AVG) in the South-East. We have had the ongoing fight against fruit fly and the recent detection of tomato brown rugose fruit virus in the Northern Adelaide Plains. Interstate, they have experienced avian influenza and varroa mite. We have developed modern, flexible and responsive biosecurity legislation to strengthen our primary industries, maintain our natural environment and safeguard plant and animal health.

I will take the opportunity to address a few specific areas that have been raised through the second reading phase of the Biosecurity Bill. The Hon. Ms Franks asked a question in regard to interaction with the Landscape SA legislation. Specifically, she asked:

If an invasive animal or plant is posing a significant biosecurity risk but is not yet declared, could there be an amendment, perhaps, to clarify that the general biosecurity duty can be applied to enforce control in that situation?

The response that has been provided to me is that, in relation to the intersection between the Landscape South Australia Act 2019 and the Biosecurity Bill, it is important to firstly reiterate that the day-to-day management of vertebrate pests and weeds will remain within the remit of the Landscape SA Act. It is only in the event of a biosecurity response, where these pests may also need to be managed to prevent the spread of other pests or diseases, that the biosecurity act would take effect.

With particular reference to undeclared pest animals and plants and the operation of the general biosecurity duty, PIRSA, the landscape boards and the Department for Environment and Water have already committed to a process of working closely together during development of the regulations and implementation of the act to define and clarify these matters and identify and resolve any remaining gaps or issues. I am advised that this matter can be effectively managed through this process within the existing provisions of the Biosecurity Bill. Of course, I would be happy to have further discussions with the honourable member in regard to that matter.

Members also raised the issue of abandoned orchards, and I am aware that neglected and abandoned orchards and vineyards are a significant concern, particularly for the horticultural industry. I am pleased to say that the bill provides a framework to take actions and follow up compliance to address biosecurity risks and impacts, such as those that may be posed by abandoned orchards. This framework provides a range of compliance tools that may be used, such as directions, general or individual, that may require a person or class of people to do a particular thing. There are penalties for not complying, as well as provision for the work to be carried out and costs recovered, if that should be necessary.

The new concept in this bill of the general biosecurity duty also comes into play here, as it would require everyone to take reasonable measures to prevent, eliminate, minimise, control or manage biosecurity risks, of which they ought to be aware. We will continue to work closely with industry on this issue during implementation, including development of the regulations and relevant policy.

In conclusion, the state government will continue to prioritise collaboration with industry and the community as part of our reform agenda, including our work to develop the regulations and policies to support implementation of this important legislation, once passed. It is a significant bill and there will be significant work involved in the process for developing regulations. I thank members for their consideration and contributions to this critical legislation for our state. I commend the bill to this chamber and look forward to the committee stage.

Bill read a second time.

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