GPO Box 4509

Melbourne Victoria 3001 Australia

Telephone: 03 9651 9999

www.economicdevelopment.vic.gov.au

DX 210074

2014-15 REPORT AGAINST THE MINISTERIAL STATEMENT OF EXPECTATIONS FOR THE REGULATION OF BIOSECURITY IN VICTORIA

In July 2014, the former Department of Environment and Primary Industries received a Statement of Expectations (SOE) from the then Minister for Agriculture outlining his expectations for the regulation of Biosecurity in Victoria. This report outlines how the Department of Economic Development, Jobs, Transport and Resources (DEDJTR) Biosecurity has addressed these expectations during 2014 to 2015. Improvements and Targets Outlined below is detail on how DEDJTR Biosecurity met the targets for the 2014 to 2015 financial year outlined in the Response to the Ministerial Statement of Expectations. Regulatory principles In the 2014 to 2015 financial year, DEDJTR developed a framework to measure its performance against the expectations created under the “regulatory principles”.

Target – regulatory principles 2014-15 Result

Report on baseline data against standard developed within DEDJTR to measure performance in delivering the regulatory principles.

During 2014 to 2015 a suite of compliance performance indicators were developed as part of the Biosecurity Evidence Framework (BEF) to ensure greater consistency and reporting across DEDJTR regulators. Extensive research that reviewed best practice compliance performance measures and consultation with regulatory staff was undertaken to develop the draft suite of indicators. This work was undertaken to deliver against recommendations in the 2012 Victorian Attorney General’s Office report1.

1 VAGO (2012) Effectiveness of Compliance Activities: Departments of Primary Industries and Sustainability and Environment

http://www.audit.vic.gov.au/publications/20121024-Compliance-DPI-DSE/20121024-Compliance-DPI-DSE.pdf

Page 2 of 13

Risk-based strategies DEDJTR Biosecurity is committed to ensuring that actions taken and resources allocated are based on risk-based principles. To achieve a consistent risk-based approach across DEDJTR Biosecurity, a Biosecurity Compliance Strategy was developed that included a risk assessment framework. The Compliance Strategy, and other risk assessment frameworks, have helped prioritise where DEDJTR Biosecurity resources are allocated. Case studies have been attached, with examples of water hyacinth and rabbit management, outlining where DEDJTR Biosecurity has used these prioritisation frameworks in the 2014 to 2015 financial year (attachment 1).

Target – risk-based strategies 2014-15 Result

Publish a Biosecurity Compliance Strategy by 1 December 2014.

A Biosecurity Compliance Strategy was produced to assist with resource allocation for DEDJTR Biosecurity operations.

Provide two case studies on how the Biosecurity Compliance Strategy or other risk assessment frameworks have been used to prioritise biosecurity activities.

Two case studies are outlined in attachment 1.

1. Water hyacinth 2. Rabbit management

Regional Compliance Plans produced by 31 March 2015.

Machinery of government changes and subsequent restructures resulted in a need to review the development of Regional Compliance Plans in 2014 to 2015 with a view to development aligned to new organisational structures in 2015 to 2016.

DEDJTR Biosecurity will consider findings and recommendations from the VCEC study into risk-based compliance.

The Invasive Species Control Bill 2014 was introduced into Parliament in August 2014 however parliament dissolved before the Bill was debated in both houses (See here). The Victorian Competition and Efficiency Commission (VCEC) and the department jointly undertook a Regulatory Improvement Study to assess the use of risk-based regulation in the regulation of invasive species and identify opportunities for improvement. The Regulatory Improvement Study was completed in January 2015. As the recommendations in the report do not rely on new legislation being enacted, the department is progressively implementing all of the recommendations via administrative changes within the available budget. A notable achievement has been the development and implementation of a Biosecurity Compliance Policy and Biosecurity Compliance Strategy for invasive species.

Page 3 of 13

Working with industry DEDJTR Biosecurity is committed to ensuring strong engagement with industry and the community to ensure the best biosecurity protection for Victoria.

Target – working with industry 2014-15 Result

DEDJTR Biosecurity will provide two case studies demonstrating key areas of support provided to industries and communities.

Two case studies are outlined in attachment 2.

1. Blackberry management 2. Wild dog management

Timeliness DEDJTR Biosecurity understands the role it undertakes as a regulator, places burden on the businesses and individuals it regulates, especially in the form of time taken to meet regulatory commitments. Completing forms and permit applications using a paper-based system is a lengthy and slow process. DEDJTR Biosecurity is transitioning to online forms and permit applications to reduce the time taken for individuals to complete regulatory processes.

Target - timeliness 2014-15 Result

DEDJTR Biosecurity will make nine licence or permit application forms available online by June 2015.

While this target was not achieved there were a number of development projects in progress to move hard copy licence or permit applications to an online format. These include:

online Property Identification Code (PIC) registration forms to enable property owners or managers to apply for and make updates to PICs;

plant health certification online application forms enabling the issuing of certificates for the movement of plant products and online submission of associated data to the Bioweb/MAX platform; and

online National Livestock Identification Scheme (NLIS) tag ordering service including payments.

DEDJTR Biosecurity will provide the conditions to ensure that 20 per cent of applications are made online in 2014 to 2015

More than 20 per cent of total transactions to DEDJTR Biosecurity were made online in 2014 to 2015. This was due to the increasing takeup

Page 4 of 13

of the existing online system for NLIS tag ordering and the large number of tag applications every year.

Accountability and transparency DEDJTR Biosecurity is committed to being an accountable and transparent regulator. The department developed a Biosecurity Evidence Framework (BEF) to ensure adequate accountability and transparency of its regulatory activities and provide greater consistency and assurance in the way in which biosecurity regulatory activities are reported. A 2012 VAGO performance audit report2 also found that DPI had not clearly identified how it measures the success of its compliance activities, or how it monitors and reports compliance performance. Its public compliance reporting was found to be activity/output focused, with minimal reporting on outcomes. It also recommended that the former departments establish a department-wide compliance performance management system.

Target – accountability and transparency 2014-15 Result

DEDJTR Biosecurity will develop a Biosecurity Evidence Framework (BEF) by 30 June 2015.

The Biosecurity Evidence Framework (BEF) was developed by 30 June 2015 and included identification of compliance performance measures for Animal Health and Welfare, Invasive Species, Plant Biosecurity and Chemicals. As part of a pilot, an online tool was developed to record all data entries. Staff were also provided with training in how to use the system.

Other notable activity by DEDJTR Biosecurity in 2014-15 Emergency responses During the 2014 to 2015 financial year DEDJTR Biosecurity responded to a number of biosecurity emergencies. The largest response was to Giant Pine Scale, which was detected for the first time in Australia in metropolitan Melbourne. DEDJTR Biosecurity responded to the detection with surveillance, treatment and destruction activities. The response is ongoing with a total of 178,809 hectares impacted and 529,240 properties inspected. In addition, DEDJTR Biosecurity:

responded to the ongoing threat of Chestnut Blight that was first detected in the Ovens Valley in 2010;

responded to and contained a single case of anthrax in a dairy heifer in the Tatura district; and

responded to and contained a case of leishmaniasis in a dog that was recently imported from Spain.

DEDJTR Biosecurity also conducted a number of exercises to prepare for and respond to emergency animal diseases.

2 VAGO (2012) Effectiveness of Compliance Activities: Departments of Primary Industries and Sustainability and Environment

http://www.audit.vic.gov.au/publications/20121024-Compliance-DPI-DSE/20121024-Compliance-DPI-DSE.pdf

Page 5 of 13

Greyhound report The investigation by Victoria’s Chief Veterinary Officer, Dr Charles Milne, into animal welfare and cruelty in the Victorian greyhound industry was conducted in response to live-baiting detection and released on 30 April 2015 (the Milne Report). On 16 February 2015 the Four Corners program on ABC aired a report exposing instances of live-animals being used as lures to train greyhounds. This practice is in contravention of the Prevention Of Cruelty To Animals Act 1986 and caused significant community outrage. After the ABC report was aired, the Chief Veterinary Officer launched an investigation into the allegations raised. DEDJTR Biosecurity has had an ongoing role in the implementation of the recommendations in the Milne Report; including changes to the Prevention of Cruelty to Animals Act 1986 to strengthen the live baiting provisions and extend the statute of limitations on live baiting offences; changes to the Domestic Animals Act 1994 to ensure every racing greyhound is registered and complies with a mandatory code of practice from birth until death or retirement from the industry; development of the Code of Practice for the Keeping of Racing Greyhounds; and playing a key role in the Greyhound Welfare Reform Taskforce chaired by the Office of Racing. DEDJTR Biosecurity have been working closely with both the Office of Racing (within the Department of Justice and Regulation) and Greyhound Racing Victoria to ensure that the recommendations from the Milne Report fully implemented as quickly as possible. Formation of DEDJTR After the Victorian State Government election in November 2014, the Department of Economic Development, Jobs, Transport and Resources was formed on 1 January 2015. The formation of the new department has presented an opportunity to work closer with other areas of government that were previously in different departments. DEDJTR Biosecurity works especially closely with the trade area of DEDJTR in regards to Market Access for Victorian Food and Fibre exports. Legislation In the 2014 to 2015 financial year, DEDJTR Biosecurity developed legislation to reflect areas that required further regulation to protect agriculture and the environment or to meet changing community expectations.

In August 2014, the Invasive Species Control Bill 2014 was introduced into the Victorian Parliament but not passed before Parliament was dissolved for the State Election.

In September 2014, the Primary Industries Legislation Amendment Act 2014 was passed by both houses of the Victorian Parliament. The Act provides for:

o councils to issue lifelong identification markers for cats and dogs as an alternative to annual issue of markers;

o improvement of the welfare of cats and dogs in domestic animal breeding businesses and pet shops with amendments that align with the Government’s policy to “crack down on cruel and illegal puppy farms”;

o changes to the definition of ruminant to include bison for disease purposes; o the certification of plant materials to reflect current business and transport

practices;

Page 6 of 13

o the introduction of a corporate penalty to recognise the liability of companies in the practice of swill feeding to animals that could contribute to a disease outbreak; and

o other minor procedural amendments.

The Domestic Animals Amendment Act 2015 was introduced into Parliament in March 2015 and received Royal Assent in May 2015. The Act expressly prohibits the breeding of restricted breed dogs whilst also placing a moratorium on the destruction of dogs purely because they are a restricted breed dog. This met an election commitment from the Government.

Conclusion DEDJTR Biosecurity has addressed the Statement of Expectations during 2014 to 2015 by increasing our accountability and transparency, implementing risk-based regulatory approaches, engaging with industry and the community, and reducing regulatory burden. DEDJTR Biosecurity was involved in responding to biosecurity emergencies and conducting preparatory exercises for future emergencies. DEDJTR Biosecurity ensured it remained a contemporary regulatory agency through the introduction of legislative changes to protect Victoria from pests and diseases, as well as meeting community expectations for animal welfare.

Page 7 of 13

Attachment 1

Case study 1:

Trade of State prohibited weeds: Water Hyacinth

Water hyacinth is a declared State prohibited weed which is the highest category of weed

listed in Victoria under the Catchment and Land Protection Act 1994.

Due to its invasive nature Water Hyacinth is identified as one of the greatest threats to

waterway management, environmental and social values not only in Victoria but across

Australia and throughout the world.

In the Invasive Species Compliance Strategy, the department identified the possession and

any illegal trade of State prohibited weeds as an extreme risk to Victorian waterways and the

environment.

In August 2015, a man was prosecuted for displaying, possessing and selling water hyacinth

on the online shopping service Gumtree. The matter was heard in the Melbourne

Magistrates’ Court with the accused given a six month good behaviour bond and ordered to

make a $1,000 donation to the Friends of the Royal Botanic Gardens.

The case specific factors relating to this instance of non-compliance determined that

enforcement action was required to eradicate the source plants and prevent their further

spread through trade.

It is the responsibility of anyone selling plants to identify what they buy and sell and ensure

that none are illegal.

Page 8 of 13

Figure 1: A water hyacinth infestation in a waterway. This image highlights the invasive

nature of the plant and how it can cause issues in waterways (DEDJTR Biosecurity, 2015)

Page 9 of 13

Case study 2: Compliance to support community-led action: Rabbits The European rabbit (feral or wild populations only) is declared as an established pest animal under the Catchment and Land Protection Act 1994. Rabbits are Australia's most costly vertebrate pest animal, causing more than $200 million in agricultural production losses each year. Less than one rabbit per hectare can prevent the successful regeneration of native vegetation which is vital for biodiversity and farm productivity. Landowners have a legal responsibility to manage established pests on their property and the department identifies the failure to control rabbits as a moderate risk in the Invasive Species Compliance Strategy. The department conducted a compliance operation in Murrayville across 164 properties (60,000 hectares) to support rabbit control efforts by a range of stakeholders, including the Murrayville Landcare Group, Parks Victoria and the Department of Environment, Land, Water and Planning. As a result of the operation, in November 2015, a landowner was convicted and fined $8,000 plus $1,300 in court costs after failing to comply with multiple Land Management Notices relating to rabbit control. The department took action, employing contractors to complete the works at a cost of almost $80,000. Specific factors relating to this matter were considered when determining that enforcement action was required to support sustained community-led rabbit control undertaken on land in the adjoining area. The Magistrate said all landowners needed to play their part in pest management, with the accused the only landowner failing to comply with responsibilities for control.

Page 10 of 13

Figure 2: Environmental degradation caused by rabbits in the Wimmera (DEDJTR

Biosecurity, 2015)

Page 11 of 13

Attachment 2

Introduction

In 2014 to 2015, the Department of Environment and Primary Industries (now DEDJTR) used

a range of tools to maximise compliance with the Catchment and Land Management Act

1994 and encourage all landowners to meet their responsibilities. These tools ranged from

providing technical information and awareness, to infringement notices and court

prosecutions. Compliance and enforcement activities need to be targeted and the

department’s focus is on supporting communities that are driving sustained weed and/or pest

animal control activities.

Established weeds and pest animals such as blackberries and wild dogs are beyond

eradication from the Victoria and require ongoing management by all landowners. Successful

management of established weeds and pests at a landscape scale occurs when all

landowners take coordinated action over a number of years to achieve a common standard

of control. Enforcement activities by the department target the small number of properties

that are not undertaking control efforts in support of other local community action.

The following case studies provide examples of engagement with the community and other

stakeholders to achieve coordinated action against widespread weeds and pests.

Case-study 1:

The Victorian Blackberry Taskforce: Encouraging and supporting community grass-

roots action

The Victorian Blackberry Taskforce (VBT) is a community group that receives support from

the Victorian Government to promote the cooperative management of blackberry by

landowners. The VBT provides a leadership role through education, motivation, coordination

and support. The work of the VBT is an essential part of the response to this weed and the

contribution of the VBT over the last 10 years in the development of a community-led

approach to the management of established weeds has been significant. The VBT receives

annual funding of $130,000, together with in-kind administrative support from the

department, and in some cases its projects are underpinned by government compliance

programs to achieve and maintain blackberry control.

In October 2014, the then Minister for Agriculture and Food Security attended the launch of

the VBT’s five year strategy. The VBT reported in its 2014 to 2015 progress report that its

“Our Community Partnership Program” supported 10 community blackberry action groups

which signed up more than 200 landowners to three-year voluntary blackberry management

agreement (VBT 2015,

http://www.vicblackberrytaskforce.com.au/publications/VBT_Report2015.pdf) and provided

feedback to policy makers on successful community approaches.

Page 12 of 13

Figure 3: Victorian Blackberry Taskforce members managing blackberry at Sandy Creek in

the Maldon region (Victorian Blackberry Taskforce Progress Report 2014 to 2015, 2015)

Case-study 2:

Wild dog Management: Improving public and private land manager collaboration

As a declared established pest animal under the Catchment and Land Management Act

1994, wild dogs require ongoing control by landowners to reduce their economic, social and

environmental impacts. Effectively reducing the negative impacts of wild dogs requires a

strategic, proactive and cost effective approach whereby private and public land managers

work together and utilise all available management practices.

In 2012, the Department of Primary Industries recognised the potential of a planning process

used in New South Wales to manage National Parks. The concept was further developed

following advice from the Wild Dog Control Advisory Committee to ensure local knowledge

and experience is captured and put to best effect. The resulting work plans specify

operational targets for both government and community wild dog control efforts on private

and public land over the coming year and ensure a coordinated, integrated approach to wild

dog management. The development of wild dog management zone work plans was

Page 13 of 13

subsequently included as a key action in the Action Plan for Managing Wild Dogs in Victoria

2014 to 2019, and commits government to developing and implementing local plans over

which all stakeholders have ownership.

A series of wild dog management zone workshops held in 2014 to 2015 provided the

opportunity for government and community to jointly review the current work plans and

consider improvements for the following year. This annual planning approach has proven to

be successful and is now an integral part of wild dog management in Victoria.

Figure 4: A wild dog photographed by a motion sensor camera in the Victorian bush (DEDJTR Biosecurity, 2015).