Biosecurity legislation

Background

The Biosecurity Bill passed the South Australian Parliament on 6 February 2025.

The legislation will ensure South Australia's biosecurity system remains effective, contemporary and adaptable for future needs.

The legislation will:

  • ensure protection from pests and diseases that threaten our economy, terrestrial and aquatic environments or may affect public amenities, communities and infrastructure
  • provide South Australia with a modern, flexible and responsive biosecurity framework
  • bring consistency to the management of biosecurity across industries by incorporating relevant biosecurity related legislation
  • promote shared responsibility for biosecurity among government, industry and community.

Consultation

Public consultation was undertaken in 2020 to seek feedback on:

Feedback received was compiled in the Building a new Biosecurity Act for South Australia – Public consultation summary (PDF 437.7 KB).

Stakeholders subsequently had the opportunity to provide further feedback based on the summary.

Submissions from these initial consultations were considered when developing the draft Biosecurity Bill. The draft Bill was released for public consultation over an 8-week period from 1 August 2023:

A short introductory video to the draft Biosecurity Bill was released and is available below. A more detailed Overview of the draft Biosecurity Bill 2023 is available on YouTube.

Transcript

[Jo Collins]

- It gives me great pleasure to invite you to learn about the draft Biosecurity Bill for South Australia.

This proposed legislation will be a game changer for how we prevent and manage pests and diseases in our state.

A strong biosecurity system protects our economy, terrestrial and aquatic environments, and communities from the spread and impacts of serious pests and diseases.

Think fruit fly, foot and mouth disease, white spot disease, or red imported fire ant.

At both a state and national level, we face a future of changing biosecurity risks.

The rules and requirements set down in South Australia's biosecurity legislation give us a legal basis to prevent the entry of new threats into our state to be able to mount effective emergency responses when pest and disease incursions unfortunately do occur and to manage the further spread and impacts of pests and diseases that have become established in South Australia.

Biosecurity legislation is also fundamental for market access.

Being able to assure domestic and export markets that our agricultural, fisheries, aquaculture, and forestry products are safe gives South Australia a trade advantage.

Certification and traceability are vital components of a good biosecurity system.

The draft Biosecurity Bill is now out for public consultation and the bill seeks to modernise South Australia's approach to biosecurity through consolidating various existing acts or parts thereof into a more consistent, more proactive, more collaborative, and stronger legal framework.

The acts involved are administered by PRSA.

[Nathan Rhodes]

- Around the country, governments are shifting to consolidated Biosecurity Acts.

Western Australia, Queensland, New South Wales, Tasmania, and the Commonwealth all now have Biosecurity Acts.

The Australian Capital Territory has a Biosecurity Bill before its Assembly, and Victoria has been consulting on its biosecurity legislation.

South Australia is also playing its part in this process of national biosecurity reform.

These consolidated Biosecurity Acts use consistent terms and regulatory tools, whether they relate to animal health, plant health, or invasive species.

That's important so that any biosecurity issue, whether economic, environmental, or social in nature, is managed appropriately and using similar provisions.

It also means businesses operating across the country face less red tape through harmonised biosecurity approaches across state borders.

Everyone has a shared responsibility to be proactive on biosecurity.

The Biosecurity Bill introduces the new concept of the general biosecurity duty.

Under the Biosecurity Bill, every South Australian will have a duty to prevent and manage biosecurity risks.

For example, if you're a farmer, this could be ensuring that you keep any diseased stock separate from healthy stock.

If you're a contractor, this could mean ensuring your machinery is cleaned between properties.

If you're a householder, this could be reporting an unusual pest in your backyard.

In the state's waters, this could be keeping your vessel's hull free of marine biofouling.

Another underlying philosophy in drafting the Biosecurity Bill is recognising and fostering the vital role and capabilities of industry to undertake best practice biosecurity.

The Bill provides a means to formally recognise and adopt industry codes of practice, standards, and market assurance schemes.

Provisions for co-regulation would enable accredited businesses to certify produce for market overseen by independent audits to ensure a robust system.

Another important feature of a modern biosecurity legislation is ensuring there are robust powers available in the event of a major biosecurity emergency.

Australia is under constant risk of incursions of serious livestock diseases, including foot and mouth disease, rabies, African swine fever, and lumpy skin disease.

There are also major plant diseases overseas that could destroy multiple crops and native plants such as Xylella and wind-borne Phytophthora.

Biosecurity powers need to be proportionate to risk and urgency, appropriate response powers are absolutely essential if we were to ever face such devastating disease threats in South Australia.

There is much more in the draft Bill.

The underlying legislation for the Dog Fence gets a contemporary upgrade.

The Bill enables the management of contaminants in animals and plants and their products where they pose significant biosecurity impacts.

The Bill provides for a regulatory and compliant toolkit to use measures that are fit for purpose to address biosecurity issues.

There are provisions to address the biosecurity risk of stray livestock, and the Bill seeks to incorporate extra-territorial powers so we can take preventative actions interstate and online.

Proposed penalties align with the scale of damage that can occur from pests, diseases, and contaminants.

[Jo Collins]

- We welcome you to critique what's being proposed in the draft Biosecurity Bill.

I appreciate it's new and complex to initially take in so please take your time to digest it and think about what it could mean for you and the sector or community you come from.

We want to hear what you agree with and what we haven't got right in the draft Bill.

It's very important that you make a submission which can be done online through YourSAy during August and September.

South Australia's biosecurity status is such a valuable asset, and we want to keep it healthy for generations to come.

Thank you for the daily contribution you make to the state's biosecurity efforts and your assistance in helping to make a modern Biosecurity Act for South Australia.

Developing a Biosecurity Bill for South Australia – Public Consultation Summary (PDF 1.1 MB) outlines the feedback received about the draft Bill.

This feedback was further considered and updates made before the Biosecurity Bill 2024 was introduced to the Parliament.

What's happening

The Department of Primary Industries and Regions (PIRSA) is leading the process of developing regulations under the Biosecurity Act 2025, in preparation for its commencement, which will be determined by proclamation.

Until the Act comes into effect, existing biosecurity legislation will remain in place.

Contact

Alice Fistr – General Manager, Strategy and Policy
Phone: (08) 8429 3565
Email: PIRSA.BiosecurityACT@sa.gov.au

Page last reviewed: 31 Mar 2025

 


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