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2021-71: Plant Export Operations – Changes to plant export legislation from 1 January 2022

17 December 2021

Purpose

This Industry Advice Notice (IAN) is to advise that changes to the Export Control (Plants and Plant Product) Rules 2020 (Plant Rules) will commence on 1 January 2022, including requirements for third-party authorised officers (AOs) to video record bulk vessel inspections.

Summary of changes and key points

  • The Export Control Legislation Amendment (2021 Measures No. 1) Rules 2021 has been made by our Secretary and registered on the Federal Register of Legislation.
  • It includes amendments to the Plant Rules, in particular requirements for third-party AOs to video record bulk vessel inspections using devices that can be worn or mounted on the face or head.
  • Most changes to the Plant Rules commence at 12:00 am AEDT 1 January 2022.
  • The Plant export legislation changes webpage provides an overview of the key changes to the Plant Rules and what it means for
    • bulk vessel inspections for AOs
    • accredited properties (APs) and registered establishments (REs)
    • plant-based oil exports.
  • Factsheets are available on the webpage that provide more information on what is changing.
  • Exposure drafts of instructional material are being progressively published on the Plant Export Operations Manual (PEOM) webpage to support familiarisation ahead of 1 January 2022.
  • Changes to RE instructional material do not include changes to process or obligations and will be available on the PEOM from 21 December 2021. The changes improve readability and reflect the updated legislative references.
  • There are no changes to AP instructional material or plant-based oil exporter obligations.
  • The updated instructional material will be enforceable from 1 January 2022.

Responsibilities of Authorised Officers

  • AOs must read the Plant export legislation changes webpage and follow specific instructions on process changes for commencement of the amended export legislation on 1 January 2022.
  • AOs must become familiar with updated instructional material before the new legislation commences.
  • The updated instructional material must not be followed until 1 January 2022.

Responsibilities of registered establishments and accredited properties

  • REs and APs must read the Plant export legislation changes webpage for commencement of the amended export legislation on 1 January 2022.
  • REs must become familiar with updated instructional material before the new legislation commences.
  • The updated instructional material must not be followed until 1 January 2022.

Background

The Plant Rules set the specific requirements for the export of plants and plant products. The Plant Rules will be reviewed annually and where needed, amended. On 1 January 2022 we are changing the Plant Rules to align with current business and regulatory practices, and regulatory expectations. This is the first round of amendments since the new plant export legislation commenced on 28 March 2021.

Contact information

If you have any questions regarding this IAN please email Plant Export Regulation Reform Program.

Rossana Carr
A/g Assistant Secretary
Plant Export Operations Branch

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Page last updated: 17 December 2021

We acknowledge the continuous connection of First Nations Traditional Owners and Custodians to the lands, seas and waters of Australia. We recognise their care for and cultivation of Country. We pay respect to Elders past and present, and recognise their knowledge and contribution to the productivity, innovation and sustainability of Australia’s agriculture, fisheries and forestry industries.

Artwork: Protecting our Country, Growing our Future
© Amy Allerton, contemporary Aboriginal Artist of the Gumbaynggirr, Bundjalung and Gamilaroi nations.

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