183   Minister may declare quarantine area

(1)  The Minister may, by order, declare any area or boat specified in the order to be a quarantine area because of the presence or suspected presence of a declared disease.

(2)  An area may be declared a quarantine area if:

(a)  it is subject to an aquaculture permit, or

(b)  it is an area of water, or

(c)  it is an area in the immediate vicinity of an area of water, or

(d)  it is a pet shop or an aquarium kept for commercial purposes.

(3)  An order declaring a quarantine area is to be published in the Gazette. However, if the Minister considers the order is required urgently, the order may be published:

(a)  in a newspaper circulating, or by radio or television broadcast, in the area to which the order applies, or

(b)  on the Department’s internet website.

(3A)  The order is not required to be so published if served on the owner or occupier of the area or boat concerned.

(3B)  The order commences on the day it is published or served in accordance with this section, or on such later day as may be specified in the order.

(4)  An order declaring a quarantine area may:

(a)  prohibit the taking of fish or marine vegetation or specified fish or marine vegetation in or from the quarantine area, and

(a1)  exclude specified provisions of this Division in respect of any fish or marine vegetation, or specified fish or marine vegetation, taken from or deposited in the quarantine area or any part of the quarantine area, and

(a2)  prohibit or restrict the movement of fish or marine vegetation or specified fish or marine vegetation into, within or out of the quarantine area, and

(b)  require a relevant person to take such action as is specified in the order or directed by a fisheries officer (including the destruction or treatment of fish or marine vegetation cultivated or located in the quarantine area), and

(c)  contain any other provisions authorised by the regulations.

If the order is not published in accordance with this section, the provisions of the order apply only to the persons on whom the order is served.

(4A)  For the purposes of this section, a relevant person means:

(a)  the holder of an aquaculture permit in respect of a quarantine area or part of a quarantine area, or

(b)  the owner or occupier of any land or premises or boat that is within a quarantine area or the master of any such boat.

(5)  A person who, without reasonable excuse, contravenes a provision of an order declaring a quarantine area is guilty of an offence.

Maximum penalty: In the case of a corporation, 1,000 penalty units or, in any other case, 500 penalty units.

(6)  If a relevant person fails to take any action required by an order declaring a quarantine area, a fisheries officer may enter the quarantine area and take the required action.

(6A)  Subsection (6) does not authorise a fisheries officer to enter any premises used for residential purposes.

(7)  If the fisheries officer takes such action:

(a)  the relevant person is not entitled to any compensation for any loss reasonably caused in taking that action, and

(b)  the Minister may recover from the relevant person the costs of taking that action as a debt in a court of competent jurisdiction.