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Legislation for importing to Western Australia

Legislation that applies to the importation of organisms and potential carriers into Western Australia (WA) to prevent incursions of pests, diseases and weeds that could impact agriculture and the environment.  

WA has tough restrictions on what can and cannot be imported into the state. This is to protect WA from pests, diseases and weeds that could impact on agriculture and the environment. 

The following information outlines the parts of this legislation that are applicable to the importation of organisms and potential carriers into WA.

Biosecurity and Agriculture Management Act 2007

The department is responsible for administering the Biosecurity and Agriculture Management Act 2007 (BAM Act) and associated regulations.

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Key information

Section 16 of the BAM Act refers to import permits and allows people to apply for a permit. The department may issue or refuse a permit and impose any necessary conditions or requirements on the permit.

See the application for import permit and related forms on the Biosecurity forms page. 

Under the BAM Act, an organism means a living thing (excluding human), disease or agent that can cause disease. Organisms can be declared ‘permitted’ (section 11), ‘prohibited’ (section 12), or ‘declared pests’ (section 22). Organisms not declared under the BAM Act are ‘unlisted’.

The WA organism list (WAOL) is a searchable database that provides further Information on the status of organisms.

Under the BAM Act, a potential carrier is defined as:

  • anything that can carry an organism.
  • anything that can carry anything else that can carry an organism.

Potential carriers are prescribed under the Biosecurity and Agriculture Management Regulations 2013 as:

  • new or used machinery or equipment, or a part of machinery or equipment, used or intended to be used, or manufactured for use:
    • in association with an agricultural activity or an agricultural product.
  • in association with animals, plant material or soil
  • in earthmoving or mining
  • an animal or animal product
  • animal feed of plant origin, but not including processed animal feed or manufactured animal feed (defined in section 9(2) of the BAM Act) for dogs, cats or fish
  • a plant, other than a canned and cooked plant
  • canned seed
  • absorbent pet litter derived from plant material
  • soil
  • plant-growing media and landscaping material, such as woodchips, potting mix, mulch
  • a cargo container
  • a container of any kind used for or in connection with agricultural products
  • a container used to transport animals (other than dogs or cats)
  • a container of, and any contents included in a container of, live fish
  • non-potable water
  • a vessel
  • vessel ballast water
  • a vehicle.

Section 15 of the BAM Act requires some organisms to enter WA under an import permit, and allows for regulations to further restrict, permit, or prohibit the entry of organisms and potential carriers into WA.

Importation in contravention of the BAM Act and its regulations is an offence.

Many organisms that may be listed as permitted will also be potential carriers because they can carry other organisms. Potential carriers must be imported in accordance with regulations.

The regulations allow that restrictions or conditions of entry are in place for the import of potential carriers. These regulations must be met for the potential carrier to be allowed into WA. Conditions of entry may include chemical treatments, or inspection and certification.

Penalties for non-compliance

Some organisms that hold a permitted status may be prohibited imports because they are hosts of pests and diseases that cannot be treated.

If an organism is prohibited or unlisted, it may be allowed entry under an import permit. An import permit will state all conditions to be imposed and these conditions must be strictly adhered to. Imports under permit will generally also require a keeping permit, unless they are designated to be kept at a suitable quarantine facility.

The Quarantine WA Import Requirements Search provides further information about conditions of entry and organisms that can be imported but can also be hosts of pests and diseases.

WA Import requirements search

The BAM legislation also regulates quality assurance and accreditation arrangements, which allow certain businesses to enter an agreement with the department that allows them to carry out some quarantine functions under the Act. 

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