The current Biosecurity (Fire Ant) Emergency Order 2024 places restrictions on the movement of fire ant carriers including organic mulch, compost, growing media, manure, soil and anything with soil on it, hay, straw, chaff, silage, potted plants, turf, agricultural equipment, earth moving equipment, sand, gravel, chitters, coal fines, coal stone, overburden and decomposed granite into NSW from the fire ant infested area of Queensland.

The current Emergency Order takes effect from the 31 May 2024 and:

• applies to any person who deals with a fire ant carrier (domestic or commercial); and
• redefines the NSW fire ant infested area following fire ant detections in Nerimba, Currumbin West, southeast QLD. The Currumbin Waters nest is approximately 500m from the NSW border, and has triggered the need for movement controls and will impact some NSW residents. The existing NSW fire ant infested area including Piggabeen and Cobaki will now extend a further 700m into NSW.
• requires any person initiating movement of a fire ant carrier into the NSW protection zone from the QLD or NSW fire ant infested areas to declare a Record of Movement and upload the required biosecurity certificate here
• requires any person moving a fire ant carrier out of the NSW fire ant movement control areas to declare a Record of Movement here.
• A Plant Health Certificate can be obtained via DPI through Plant Health Certificate (PHC) (nsw.gov.au)
• provides stop and search powers to Authorised Officers to stop a vehicle and inspect the vehicle and anything in it or on it with specific relation to fire ant carrier materials; and
• treatment must remain effective until the turf arrives in NSW.
• outlines the requirement of turf layers to treat at the point of lay in NSW using an approved chemical.
• onsellers of turf must ensure that treatment requirements and necessary documentation are passed onto consumers.
• clarifies rules on moving green waste, mulch, and residual soil to approved waste facilities in affected areas.
• further clarifies requirements for transiting the fire ant infested areas and fire ant movement control areas; and
• outlines the requirements for the movement of each carrier into NSW from the fire ant infested area in QLD.

A person in breach of an emergency order is guilty under the Biosecurity Act 2015 of a category 2 offence, for which the maximum penalties are:

• In the case of an individual $1,100,000 and, in the case of a continuing offence, a further penalty of $137,500 for each day the offence continues.

In the case of a corporation $2,200,000 and, in the case of a continuing offence, a further penalty of $275,000 for each day the offence continues.

Read the Plain English Guide to the Emergency Order