25 September 2018
Purpose
This Industry Advice Notice (IAN) is to advise that the new legislation around how the Department of Agriculture and Water Resources regulates certain growers, packhouses and treatment facilities commences on 25 September 2018.
Summary of changes and key points
- The Export Control (Plants and Plant Products) Amendment (Accredited Properties) Order 2018 (Amendment Order) includes new laws for the accreditation of properties wishing to produce or prepare horticulture products for export to certain protocol markets.
- The new legislation formalises existing administrative export listed property arrangements for:
- farms, orchards and vineyards (growers)
- packhouses and treatment facilities.
- This legislation does not impose any practical change in requirements that growers, packhouses and treatment facilities have to meet under export listed property arrangements. Instead, the new legislation provides a clearer mechanism:
- for managers to apply to the department to be accredited; to renew or vary their accreditation; or to request the accreditation be suspended or revoked
- for managers to be notified by the department of the outcome of their application, and to seek reconsideration and review of the decision
- to assist managers to understand and comply with their legal obligations and the requirements set by the department and importing countries.
- The new legislation also:
- allows the department to vary, suspend and revoke accreditations in certain circumstances
- includes penalties for non-compliance with a range of legislative obligations.
- The penalties included in the new legislation do not take effect for 12 months from the date of commencement. This is to provide a ‘soft start’, while industry familiarise themselves with their legislative obligations. This ‘soft start’ does not apply for penalties and offences under the Export Control Act 1982 or the Criminal Code.
- More information about horticulture accredited properties can be found on the department’s website.
Grower, packhouse and treatment facility (accredited property) responsibilities
- All growers, and managers of packhouses and treatment facilities that:
- were under export listing arrangements with the department, have automatically become accredited properties under the new legislation
- had already submitted applications for their relevant upcoming export season and are awaiting decision on their application, are not required to submit a new application.
- All managers of accredited properties should ensure they understand their legal obligations and familiarise themselves with accredited properties instructional material, which was published on the Plant Export Operations Manual and notified in Industry Advice Notice 2018-23.
Exporters’ responsibilities
- Exporters must continue to ensure that, when exporting prescribed goods to protocol markets, the goods for export have been produced and prepared at an accredited property, where it is necessary to do so for the purpose of meeting importing country requirements.
- Details of when prescribed goods must be produced and prepared at an accredited property are specified in the Manual of Importing Country Requirements.
Background
The department has made amendments to the Export Control (Plants and Plant Products) Order 2011 to include the accreditation of properties for the export of specific horticulture products to certain protocol markets.
This amendment forms part of wider departmental initiatives to strengthen agricultural exports and market access, through improving the current agricultural export legislative framework. This includes the development of the Export Control Bill 2017 and commodity-specific subordinate legislation in the form of Export Control Rules.
The Export Control Bill 2017 was introduced into the Australian Parliament on 7 December 2017, and includes provisions for accredited properties.
Contact information
If you have any questions regarding this IAN please email Horticulture Exports Program.
David Ironside
Assistant Secretary
Plant Export Operations Branch