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Northern Australia Food Futures Conference

ICA’s and Grower Responsibilities

Grower Legal Rights & Responsibilities & Interstate Certification Assurance Scheme

Know More

Quyền lợi và Trách nhiệm Pháp lý của Người trồng trọt & Chương trình Bảo đảm Chứng nhận Giữa các Tiểu bang

tìm hiểu thêm

សិទ្ធិ និងការទទួលខុសត្រូវផ្លូវច្បាប់របស់ អ្នកចម្ការ & កម្មវិធីវិញ្ញាបនបត្របញ្ជាក់ការធានា អន្តររដ្ឋ

ដឹងបន្ថែម

Growers Legal Rights and Responsibilities

The Northern Territory Plant Health Act 2008 (the Act) and Plant Health Regulations 2011 (the Regulations) were created to help protect the Territories plant industries and natural environment from harmful pests and diseases. It outlines the rights and responsibilities of the industry in protecting agricultural industries and natural environments from the costly impacts of plant pests and diseases. Growers play a critical role in protecting the industry against biosecurity risks.

Grower Responsibilities

The Act and Regulations outline several legal responsibilities for growers to prevent the introduction and spread of plant pests and diseases. Key obligations include:

  • Preventing Pest Infestations: Growers must take proactive measures to prevent their plants from becoming infested with declared pests. This includes implementing appropriate pest management practices to minimize the risk of infestation.

  • Preventing Spread of Pests: If an infestation occurs, growers are responsible for preventing the spread of pests to other areas. This may involve isolating affected plants, applying treatments, or destroying infested materials as necessary.

  • Compliance with Movement Regulations: The Act regulates the movement of plants, plant products, and related materials that might carry pests. Growers must adhere to these regulations when transporting such items to ensure they do not inadvertently spread pests or diseases.

  • Cooperation with Inspections and Monitoring: Growers are expected to cooperate with authorised inspectors conducting monitoring and enforcement of plant health standards. This includes allowing access to properties and providing necessary information during inspections.

Grower Rights

Under the Act growers have specific legal rights designed to ensure fair treatment in matters related to plant health and biosecurity. Key rights include:

Right to Notification and Information:

  • Growers are entitled to be informed about the presence of declared pests or diseases that may affect their crops.
  • If the Chief Inspector issues directives or takes actions concerning a grower’s plants or property, the grower has the right to receive clear, written explanations detailing the reasons and required measures.
  • Infringement notices must specify name and address, description of the offence and must be issued by an inspector.
  • Right to request to see a Biosecurity Inspector’s identity card (s54(4)) – if the inspector doesn’t show it, they are not authorised to exercise their powers under the Act and the grower is not required to comply.

Right to Appeal:

  • If a grower disagrees with a decision or directive issued under the Act, they have the right to appeal the decision through the appropriate legal channels.

Right to Apply for Permits and Accreditations:

  • Growers can apply for permits to import plants, plant products, or related materials into the NT, provided they meet the conditions set out in the Act and Regulations.
  • Growers may also seek accreditation, enabling them to issue Plant Health Assurance Certificates (PHAC) or participate in assurance schemes, facilitating trade and movement of their products.

Right to Privacy and Fair Treatment:

  • Authorized inspectors have the power to enter properties for inspections, but growers have the right to expect that such inspections are conducted at reasonable times and with minimal disruption.
  • Inspectors must operate within the bounds of the law, respecting the grower’s property and operations.

Interstate Certification Assurance Scheme

The Interstate Certification Assurance (ICA) scheme is a national system that enables horticultural businesses in Australia to certify their produce for interstate trade. It ensures growers are doing the right thing regarding biosecurity and quarantine standards without requiring government inspectors for each consignment.

The ICA scheme offers growers and packers increased efficiency, cost savings, and better control over product movement. It supports compliance with specific biosecurity requirements set by individual States and Territories, helping businesses avoid delays and meet market demand.

  • Self-Certification: Reduces reliance on government inspectors, saving time and money.

  • Market Access: Enables interstate trade by proving compliance with biosecurity rules.

  • Operational Efficiency: Enhances scheduling flexibility and business responsiveness.

  •  Quality Control: Encourages higher internal standards and traceability.

Accredited businesses follow specific ICA procedures for managing produce. Once accredited, businesses can issue Plant Health Assurance Certificates (PHACs) for each consignment themselves.

  1. Identify relevant ICA procedures for your produce and treatments.
  2.  Develop in-house systems that meet the procedural standards.
  3.  Submit an application with business and facility details.
  4. Pass an audit conducted by quarantine authorities.
  5. Receive accreditation, vital for issuing PHACs.

Regular audits ensure adherence to ICA standards. Businesses must maintain detailed records and consistently apply approved treatments.

NT Farmers acknowledges the traditional owners and custodians of country throughout Australia and acknowledges their continuing connection to land, water and community. We pay our respects to the people, the cultures and the elders past, present and emerging.

This website is made possible thanks to the NT Government's Community Benefit Fund