means any conveyance that may be used in navigation by air;

means any mammal (other than a human), bird, insect, amphibian, reptile, fish, mollusk, sedimentary species or other member of the animal kingdom, whether alive or dead, and includes the egg, embryo, ova or semen and any organic animal tissue from which another animal could be produced, and the hide, skin, hair, feathers, shell, horns, hoof, viscera or any other part or portion of the body of an animal;

means any article or substance derived from an animal, whether or not in combination with any other article or substance, and includes—

• (a)meat, fat, milk, whey, cream, butter, cheese, eggs and other foodstuffs derived from an animal;
• (b)the dung, urine, faeces, saliva, bone or blood of an animal, or any article or substance derived from the dung, urine, faeces, saliva, bone or blood of an animal;
• (c)the secretions of any animal; and
• (d)any product or biological preparation derived from any animal tissue or animal secretion;

means a single unit of any goods;

means duly authorised by the Minister, the Board or biosecurity officer for the purposes of this Act;

means the Biosecurity Authority of Fiji established by section 8;

means any goods which accompany a passenger or crew member on a conveyance, including clothing and any article attached or otherwise connected to the body or clothing of any passenger or crew member;

means water (including sediment that is or has been contained in water) used as ballast in a vessel;

means the control by legal and administrative means of pests and diseases affecting animals, plants and their products, in order to avoid adverse effects from such pests and diseases on the economy and health of Fiji;

means arrangements under section 35(1) for specifications in respect of new imports;

means premises approved for the inspection, testing and treatment of regulated articles under section 88;

of a receiving country means the authority or officer in that country which administers its biosecurity laws;

in relation to an article, means a requirement by a receiving country for a sanitary or phytosanitary certificate or a certificate of origin in respect of the article;

in respect of a regulated article or consignment, means biosecurity import clearance or biosecurity export clearance;

means a person in Fiji appointed by an importer or exporter under section 21 for the purposes of this Act as the agent of the importer or exporter to supervise the biosecurity clearance of a container, animal, plant, animal or plant product or any other goods;

of a regulated article means submission of the article for inspection under this Act, and thereafter taking such biosecurity measures, or permitting such measures to be taken, as are directed pursuant to this Act, until biosecurity clearance is granted in respect of the article;

means an infested biosecurity controlled area declared under section 70 or a pest free biosecurity controlled area declared under section 72;

in relation to an article or consignment means a written statement of the nature, quantity and origin of the article or consignment, and of other details relating to it required by or under this Act;

means the incursion or suspected incursion of a regulated pest or disease into any area of Fiji, or the existence of some other biosecurity threat, which requires urgent action, whether by eradication, containment or other response, and for which the powers under this Act are not otherwise adequate;

means an area declared in response to a biosecurity emergency under section 77;

of an incoming article means inspection of it pursuant to section 31;

of an article means permission under section 46 for the article or consignment to be exported;

of an outgoing article means inspection of it pursuant to section 41;

means an area of land at or adjacent to a seaport or airport designated under section 19(3) for the biosecurity inspection of incoming or outgoing articles and consignments;

means a biosecurity port holding area, a biosecurity goods holding area or a biosecurity postal holding area;

of an article means permission under section 33 for the article or consignment to be removed from a biosecurity holding area;

of an incoming article means inspection of it pursuant to section 32;

means a biosecurity import permit issued under section 37;

in relation to an article or consignment mean—

• (a)the conditions of a biosecurity import permit, if one is required;
• (b)the requirements of any sanitary or phytosanitary certificate relating to the article or consignment;
• (c)any other biosecurity measures specified under section 34(1)(c);

of an incoming or outgoing conveyance, article or consignment means an inspection to ascertain whether the conveyance, article or consignment presents a biosecurity risk to Fiji or a receiving country and whether in other respects it conforms to the requirements of this Act;

means clearance for a vessel or aircraft to land cargo or passengers under section 23;

means the inspection, detention, quarantining, testing, treatment, reconsignment or destruction of a regulated article to eliminate or reduce the biosecurity threat presented by the article;

means—

• (a)the CEO and the Deputy CEO;
• (b)any person appointed as a biosecurity officer under section 11;
• (c)in respect of any particular function, a biosecurity officer to whom the function has been assigned or delegated under section 11 or 13;

means a seaport, airport designated under section 18(4) for the exportation of regulated articles;

means a seaport, airport designated under section 18(1) for the importation of regulated articles;

means an area designated under section 19(1) for the biosecurity inspection of incoming vessels or aircraft;

means quarantine of a vessel or aircraft in a biosecurity port quarantine area under section 24;

means an area designated under section 24(1) for the quarantine of vessels and aircraft;

means permission under section 27 for a vessel or aircraft to unload passengers and cargo after being in biosecurity port quarantine;

means an area of a mail exchange designated under section 19(5) for the biosecurity inspection of incoming or outgoing postal items;

means confinement in isolation of a regulated article and any conveyance, container or packaging in which the article is carried, for inspection, testing and/or treatment; in order to prevent or limit the entry, introduction, establishment or spread of a regulated pest or disease;

means a facility under the control of the Authority and designated under section 48 for the performance of biosecurity quarantine, and includes a temporary biosecurity quarantine station;

means the register kept by the Authority under section 81;

means the likelihood of the introduction, establishment or spread of a pest or disease which would adversely affect animals, plants, human beings, the environment or economic activities, and the likely extent of such harm;

in relation to a regulated article means evaluation of the biosecurity risk posed by the article;

means biosecurity import specifications made under section 34 or biosecurity export specifications made under section 44;

means the threat of harm being caused or adverse effects resulting to animals, plants, human beings, the environment or economic activities as a result of the introduction, establishment or spread of a regulated pest or disease;

means the Board of the Authority constituted under section 8;

in relation to an aircraft, means the person for the time being in command or control of the aircraft, and may include the owner or operator of the aircraft;

means the Chief Executive Officer of the Authority appointed under section 10(1);

means an agreement between the Authority and another person as provided for in section 87;

means a quantity of goods which arrive in the same vessel or aircraft and which in accordance with this Act can be covered by a single import permit or sanitary or phytosanitary certificate;

means anything in which or by which goods are encased, covered, enclosed or packed, including any material in contact with the goods;

means the presence in any item of a pest, not constituting an infestation;

means a ship, aircraft, vehicle or other means of transporting people, goods or animals from one location to another, while it is being used or prepared for such transport;

includes a re-exporting country;

, in respect of an item, means the occupier of a place or the person in possession and charge of an article, whether lawfully or not, but does not include a person who has possession or control of the item only for the purpose of taking biosecurity measures in respect of it;

means the person appointed as Deputy Chief Executive Officer under section 10(1);

means any unhealthy condition in an animal or plant which is known or suspected to be caused by an organism, and includes a disease transmissible from animals to humans and a disease capable of harming the environment;

means any mode of communicating information in a retrievable form, including electronically;

includes—

• (a)the ecosystem and its constituent parts, including people and communities;
• (b)all natural and physical resources;
• (c)the qualities and characteristics of locations, places and areas;

means the application of measures to eliminate a pest or disease from an area;

, in relation to a pest or disease, means the perpetuation in an area of the pest or disease for the foreseeable future after its entry into the area;

means to take or send goods out of Fiji;

means a person who exports or seeks to export goods, other than as the master of the vessel or captain of the aircraft in which the goods are carried; and includes a biosecurity clearance agent;

means any stall, box, cage, enclosure, pen, net or other material used for penning, yarding, confining or containing any animal and includes any harness, saddlery, rope, bucket, trough, bedding, utensil or implement used in the handling or keeping of animals or animal products;

means any water, meat, vegetables, grain or material used for the food or litter of animals, or the storage of animal products;

means the functions set out in section 9;

means waste material derived in whole or in part from plants, fruit, vegetables, meat or other plant or animal material, or other refuse of any kind that has been associated with any plants, fruits, vegetables, meat or other plant or animal material;

means any material of plant, animal, microbial or other origin containing functional units of heredity;

means any kind of moveable property or thing;

means any packing material, container, fittings, litter, manure, fodder or similar goods that might have had contact with animals or plants or their products;

means to bring goods, or cause goods to be brought, into Fiji;

means a person who imports or seeks to import goods, other than as the master of a vessel or captain of the aircraft in which the goods are carried; and includes a biosecurity clearance agent;

in relation to goods, means the goods are not imported into an area but pass through it to another area, whether by the same or another conveyance, during which time they remain enclosed, are not split up, are not combined with other goods, and do not have their packaging changed;

in relation to an animal or plant, means that the animal or plant is diseased or may have been exposed to the risk of infection during the preceding 6 months;

in relation an item or area, means that there is present in the item or area a living pest or disease;

in relation to an item, means an official examination of the item to determine if any pest or disease is present in the item and whether in other respects the item conforms to the requirements of this Act;

in relation to a pest or disease, means the entry of the pest or disease into an area, resulting in its establishment in the area;

means the International Plant Protection Convention of the Food and Agriculture Organization of the United Nations;

means any kind of moveable or immoveable property or thing, including premises;

means any organism capable of transferring or replicating genetic material, including sterile organisms, viruses, viroids, plasmids, bacteriophages and prions;

means the District Office, Provincial Administration Office and Municipal Office;

in relation to a vessel, means the person for the time being in charge or control of the vessel, not being the pilot, and may include the owner or operator of the vessel;

means any organism or biotic entity of microscopic proportions, whether unicellular, multicellular or sub-cellular in common form;

means the Minister who has responsibility for the administration of this Act; and Ministry means the Ministry of that Minister;

means a pest or disease which is declared under section 75(1) to be notifiable;

means the Organisation Internationale Epizoötique;

means the operator or owner of the facilities which have been declared as the biosecurity point of entry and departure under this Act;

means a biotic entity capable of reproduction or replication (other than a human);

means any fabric, paper, cardboard, plastic, wood, straw, grass or leaves used in packing any goods, and any other type of material in which goods are covered, enclosed, contained or wrapped;

means any species, strain or biotype of a plant, animal, microbe or pathogenic agent, or any organism, which—

• (a)causes disease; or
• (b)is detrimental to or capable of harming or adversely affecting animals or animal products, plants or plant products, human beings or the environment;

means the evaluation by a qualified person of biological or other scientific and economic evidence to determine whether a pest or disease should be regulated and the nature of any biosecurity measures to be taken against it;

means a certificate relating to a plant or plant product which—

• (a)is issued by the biosecurity authority of the country of origin or re-exporting country;
• (b)certifies that the plant or plant product is substantially free from plant pests and diseases and in other respects meets the plant health import requirements of the receiving country; and
• (c)is patterned after the model certificates of the IPPC;

includes seeds, germplasm, any other part of a plant and a dead or preserved plant;

means any unmanufactured material of plant origin, including grain;

means—

• (a)plant material;
• (b)timber; and
• (c)any product manufactured wholly or partly from one or more plants;

means the Pacific Plant Protection Organisation;

means the principle that it is not unreasonable to refuse permission for an activity that has great potential negative impact, even if there is not sufficient scientific data to support a refusal, as incorporated in Article 5.7 of the SPS Agreement;

means any immoveable property, other than land;

means prescribed by this Act or by regulations made under it;

means a regulated article the importation or ownership of which is prohibited under section 17;

means a country which is the intended destination of an article being or proposed to be exported;

in relation to a regulated article or consignment which has been refused biosecurity import clearance, means to send the article or consignment out of Fiji, either by the vessel or aircraft on which it was imported or by another vessel or aircraft;

in relation any goods, means a country which is not the country of origin of the goods, but where a container or consignment of goods is opened and repacked for export;

means—

• (a)any animal or animal product;
• (b)any plant or plant product;
• (c)any living organism, whether modified or not;
• (d)soil, sand gravel and aggregate;
• (e)any genetic material;
• (f)human remains;
• (g)any host material;
• (h)a regulated pest or disease;
• (i)any clothing, machinery or other article that contains or has adhering to it anything mentioned in paragraph (a), (b), (c) or (d);
• (j)garbage;
• (k)any other article, substance, goods or thing declared by the Minister by order under subsection (2) to be a regulated article for the purposes of this Act;

means a consignment of regulated articles;

means a pest or disease—

• (a)the importation of which into Fiji is prohibited or restricted under section 16; or
• (b)which is under official control;

means regulations, orders and any other subsidiary legislation made under this Act;

means the Act and subsidiary legislation repealed by section 107(1);

means an international health certificate relating to an animal or animal product which—

• (a)is issued by the biosecurity or agricultural Authority of the country of origin or re-exporting country;
• (b)certifies that the animal or animal product is substantially free from animal pests and diseases and in other respects meets the animal health import requirements of the receiving country; and
• (c)complies with relevant requirements of the SPS Agreement or the exporting country, as the case may be;

means any food or other regulated articles carried on a vessel or aircraft for consumption or use on the vessel or aircraft;

in relation to a requirement, document, procedure or any other matter, means specified by the Authority under section 105;

in relation to a pest or disease, means the expansion of the geographical distribution of the pest or disease within an area;

means the World Trade Organisation Agreement on the Application of Sanitary and Phytosanitary Measures;

in relation to a pest or disease, means its presence, absence, prevalence, incidence, distribution and occurrence in an area;

means the technical section head of the Authority;

means an examination which goes beyond a visual inspection, to determine if a pest or disease is, or is likely to be, present or to identify a pest or disease, and includes chemical tests of plant material and diagnostic tests in respect of an animal;

includes round wood, sawn wood, wood chips and dunnage, with or without bark;

means an authorised procedure for the killing, removal, modification or rendering infertile or non-viable of a pest or disease by way of cleansing, fumigation, inoculation, disinfection, disinfestation, decontamination or otherwise;

in relation to a regulated article, means that the article has not received biosecurity clearance;

in relation to a pest or disease, means that its presence is known, its distribution is limited and its further spread is controlled by the exercise of powers under this Act;

includes a bicycle (whether motorised or not), a cart and any other wheeled conveyance;

includes a ship, hovercraft, boat, ferry, raft, yacht, canoe or pontoon that is used as a conveyance in or on water, whether or not it is self-propelled;

means a person in Fiji appointed by a master of a vessel or captain of an aircraft under section 21A for the purposes of this Act as the agent of the master of the vessel or captain of the aircraft to supervise the biosecurity landing clearance of the vessel or aircraft and to carry out any obligation of the master of the vessel or captain of the aircraft under this Act; and

and in writing mean any mode of communicating information in a retrievable form, including electronically (as to which see section 104(5)).