Biosecurity Levies

The emergency response deeds are formal legally binding agreements between the Australian Government, all state and territory governments, Plant Health Australia or Animal Health Australia and plant and animal industry signatories covering the management and funding of responses to pest and disease incursions.

The deeds provide a formal role for industry to participate and assume a greater responsibility in decision making in relation to emergency plant and animal pest responses. There are three formal agreements that set out emergency response arrangements for pest and disease incursions across the animal, plant and environmental sectors.

These are:

1. The National Environmental Biosecurity Response Agreement (NEBRA) – for incursions that primarily impact the environment and/or social amenity – including marine.
2. The Emergency Animal Disease Response Agreement (EADRA) – for incursions that primarily impact animals
3. The Emergency Plant Pest Response Deed (EPPRD) – for incursions that primarily impact plants

The EADRA and EPPRD set out cost sharing and other responsibilities of the government and relevant industry parties in an emergency response. The agreements are supported in most cases by statutory levy arrangements which enable livestock and plant industries to fund their share of costs of emergency responses.

Emergency response levies are established to enable industry signatories to meet financial liabilities for eradication of pests and diseases under the Emergency Plant Protection Response Deed (EPPRD) and Emergency Animal Disease Response Agreement (EADRA).

Response costs are shared with industry signatories to the EADRA and EPPRD in accordance with the respective deed provisions. If needed, the Australian Government can underwrite an industry’s share of the cost of a response to an incursion, provided the industry can demonstrate a repayment mechanism. Signatories to the deeds are required to undertake steps to request implementation of a levy for their industry, in order to ensure that this liability can be met.

Industries affected by a pest or disease may pay their agreed cost-share of an emergency response from industry reserves, voluntary contributions or through an emergency response levy.

The new streamlined process for activation of emergency response levies will be faster than the usual levy process, as the 3-6 month consultation requirement does not apply. However, because the activation of a levy requires the amendment of legislation, the process could still take several months.

The deeds require industry signatories to start the process of establishing an emergency levy within six months of signing either deed. This is to ensure that industries have a mechanism in place to meet cost-sharing obligations if affected by a pest or disease incursion.

Emergency response levies are typically introduced at a nil rate on the understanding that they will be activated (set to a positive rate) when an industry party has agreed to contribute to a cost-shared emergency eradication response and has sought Commonwealth support through a levy.

Information on the collection or payment of levies.

The activation of these levies is considered exceptional as to establish a zero rated levy, the industry has been consulted and majority support received for activation in the event of a relevant response.

Additionally, industry signatories to the response deeds have a legally binding commitment to meet the financial commitments they incur as affected parties in an agreed emergency response. In practical terms, this means that, unless an industry can meet these commitments in another way, the levy will need to be activated, as previously agreed and supported by industry members.

For these reasons, the process for requesting the activation of an emergency response levy has been simplified, in recognition that the requirements for consultation and demonstration of majority support have already been met. However, a 30-day formal objection period is still required. This objection period provides levy payers the opportunity to provide feedback and lodge any objections.

It is important to note that the new streamlined requirements only apply to the activation of emergency response levies where activation is required in order to meet costs incurred as part of an emergency eradication response for which the industry member is an affected party. The introduction of emergency response levies, or changes to those levies for any other purpose, would require full industry consultation as set out in the Australian Government Levy Principles and Guidelines. This is because the requirements to show widespread consultation with levy payers and majority support for the proposed levy or levy change, and its intended use, would not yet have been met.

When an industry body provides levy payers with objection period details, it must provide contact information for the lodgement of objections. This will include information for both the industry body and the Department of Agriculture, Fisheries and Forestry.

The objection needs to come from a potential levy payer and should clearly outline the reasons why the levy proposal is opposed. Most importantly, it should include evidence of the stated opposition to the levy proposal. All objections must be considered by the industry body as part of the levy proposal assessment process.

The relevant industry body will need to report any objections received during the objection period. The industry body will be informed of any objections sent directly to the department. Industry bodies may respond directly to those lodging objections, but this is not required.

The industry body will then be required to inform the department of the objections received and how objections have been resolved or addressed.

If you believe that your concerns have not been dealt with adequately, please engage first with the industry body wanting to activate the levy. If you are still not satisfied that your concerns have been adequately addressed or answered, please contact the department by email Levies Management.