Plant export legislation changes

It is proposed that it will be mandatory for all bulk vessel inspections to be recorded by Bulk Vessel Inspection Authorised Officers (BVI AOs) using helmet-mounted video recording devices.

BVI AOs or their employers will be responsible for acquiring the:

• helmet-mounted video recording device/s, which must record at a minimum of 540p (960 x 540 pixels) at 25 frames per second (fps), with a minimum recording bit rate of 6 Mbps. We recommend sourcing recording devices with a bit rate of no more than 20 Mbps. Devices that record at higher bit rates lead to other impacts, such as greater battery usage during inspection and the need for more short term and long term data storage.
• additional spare batteries
• helmet mounts for cameras
• spare camera memory cards
• adequate storage to store video footage for 2 years.

Both AOs involved in the bulk vessel inspection (BVI buddies) must video record the inspection.

For audit purposes, BVI AOs or their employers will be responsible for storing recorded video footage for up to 2 years. Recorded footage must be made available to us on request and be no larger than 1080p. We will provide guidance on how to provide the recorded footage.

The proposed change does not shift the standard expected of vessels to be loaded with Australian grain. The proposed change:

• puts in place more effective checks and balances to ensure inspection practices meet the current expected standard
• minimises risks that Australian grain will be infested or contaminated by vessels after loading and while transiting to its final destination overseas.

Further information, and changes to instructional material, will be provided to support BVI AO familiarisation and understanding of the changes.

We are proposing the department will have the power to direct that the loading of a non-compliant bulk vessel cease until action is taken to rectify the vessel non-compliance.

The proposed change compliments other powers in the legislation:

• to issue directions to respond to non-compliance
• to suspend bulk vessel approvals for non-compliant vessels
• to refuse export permits and phytosanitary certificates if product is loaded into a non-compliant bulk vessel.

Currently, the legislation is not achieving the intended regulatory effect for accredited properties (AP) and registered establishments (RE). The proposed changes below better reflect current regulatory practice and expectations.

Simplification of management system provisions for accredited properties and registered establishments

Current management system provisions for APs and REs are changing. The regulatory outcomes APs and REs must meet is not intended to change. The way they are reflected in the legislation is changing. The proposed change will remove unintended regulatory and administrative burden for us and industry.

Regulatory outcomes include ensuring:

• importing country requirements relevant to the facility and its operations are met
• the premises are kept in a condition that ensures goods will not be infested by pests or contaminated (through effective hygiene, and waste, pest and contaminant control)
• goods can be traced from receival, while at the premises, to the next premises (one step forward and one step back traceability).

Accredited packhouses and REs will still need to have documented systems to assure us that they can meet the regulatory outcomes on an ongoing basis.

Treatment of fresh fruit and vegetables to protocol markets at a registered establishment not an accredited property

Treatment operations for fresh fruit and vegetables to bilaterally negotiated protocol markets must occur at REs and not APs. This proposed change clarifies current regulatory expectations and removes possible ambiguity.

We are proposing modernising the list of 13 prescribed grains in the plant rules to ensure it covers synonyms of scientific names of the listed products. The change ensures the legislation ‘catches up’, reflects current industry and business practice, and is future proofed.

We are proposing to deprescribe plant-based oils even when an importing country requires phytosanitary certification. This is to reflect the way plant-based oils are currently regulated in practice.

• Plant-based oil exporters can still apply for phytosanitary certification where needed to meet the requirements of importing countries such as China.
• Plant-based oils will no longer be charged export tonnage charges. Overall export documentation fees and charges  increase slightly, from 1 January 2022, by $4 for this financial year.

The deprescribing plant-based oils does not change the approach to respond to China's food safety requirements for edible oils. For more information on registering to satisfy China’s food safety requirements see the latest Industry Advice Notices.

We are proposing to make changes to reflect that log re-inspections may occur at a wharf (not a registered establishment) where the logs are being or are intended to be loaded into or onto an approved bulk vessel.

We are making other miscellaneous amendments to correct grammatical and typographical errors.

AIMS members and non-members may apply to AIMS to be accredited under the AGSA scheme:

• The annual accreditation fee will be $250 per marine surveyor. An application fee of $90 will also apply for the initial application. Accreditation must be renewed annually.
• The fees will facilitate assessment of applications and ongoing management of marine surveyors’ accreditations by AIMS.
• A publicly available list of accredited marine surveyors will be provided on the AIMS website. Accredited marine surveyors will also be provided with identification cards as evidence of their annual accreditation.
• More information will be provided on how and when to apply for AGSA scheme accreditation closer to implementation.

Exporters and shipping companies will be required to source accredited marine surveyors to perform bulk vessel surveys:

• BVI AOs will confirm marine surveyors are accredited when performing bulk vessel inspections and prior to approving the vessel for loading.
• Marine surveyor certificates (Fitness to Load certificates) from non-accredited surveyors will not be accepted by BVI AOs.
• Further information and changes to instructional material will be provided to support BVI AOs, exporters, marine surveyors and industry to understand the changes.

Marine surveyors will be required to hold at least one of the following combinations of qualification and experience options to be accredited:

Proposed evidence to be submitted as part of an application to AIMS for the AGSA scheme is set out below.

If you are a seafarer who holds or has held a Master grade (Unlimited) Certificate of Competency:

Initial accreditation

To be accredited marine surveyors must have performed at least 10 bulk vessel surveys within a period of no less than 2 months and no more than 2 years, accompanied by another accredited marine surveyor (or a person who will have been a qualified marine surveyor prior to the AGSA scheme commencing).

Note: If these 10 supervised surveys were completed more than 3 years ago, marine surveyors will also need to provide evidence they have performed at least 3 bulk vessel surveys in the most recent 3-year period.

Maintaining accreditation

To maintain annual accreditation, marine surveyors must continue to perform at least 3 bulk vessel surveys in the most recent 3-year period and provide evidence an annual accreditation renewal.

Note:
The following evidence of your attendance at these surveys is required:

• Your name as an attending surveyor listed on the Fitness to Load Certificate that is provided to the Authorised Officer at the completion of the survey; or
• submission of a separate listing of your ship surveys, which must include:
  • Date
  • Ship’s Name
  • Grain Type
  • Port of Survey
  • Attending FTL Surveyors name and signature
  • Master’s Signature and Ships Stamp.