Compliance and movement conditions

Go to the Phylloxera management zone page to identify and find out what zone a property is in.

Visit the Plant Biosecurity Permit page to learn more about applying for a permit.

It is important to comply with certificate movement conditions.

It is an offence and financial penalties can apply if you cause or permit the movement of any phylloxera host materials into a Phylloxera Exclusion Zone (PEZ) or out of a Phylloxera Infested Zone (PIZ) without a permit or correct certification. It is also mandatory to comply with any conditions set out in the permit if the movement is to occur.

If these requirements are not adhered to, the maximum penalty amount for sentencing by the Court is up to 60 penalty units for an individual and 300 penalty units in the case of a body corporate.

The current penalty unit amount is published on the Department of Justice and Community Safety website - Penalties and values.

Grape phylloxera control areas in Victoria

Grape phylloxera is managed by control area Orders in Victoria. These control areas work to prevent the spread or prevent the entry of phylloxera to the area. To simplify the requirements of how phylloxera host materials can move from and/or to control areas, Victoria has been divided into phylloxera zones. Go to the Phylloxera management zone page to identify and find out what zone a property is in.

Phylloxera zones are:

  • Phylloxera Exclusion Zones (PEZ) - means any area in Victoria which is declared as a control area for the purpose of preventing the entry of grape phylloxera into the area.
  • Phylloxera Infested Zones (PIZ) - means any area in Victoria which is declared as a control area for the purpose of preventing the spread of grape phylloxera from the area. Phylloxera is known to occur in these areas.
  • Phylloxera Risk Zone (PRZ) - means any area in Victoria shown as a Phylloxera Risk Zone on the map of Phylloxera Management Zones.

Regulated phylloxera host materials

To prevent the spread from and/or prevent the entry of phylloxera to control areas, phylloxera host materials are regulated by Agriculture Victoria. Refer to the definition section below to determine the scope of host materials that are regulated.

To simplify what types of hosts are regulated for movement within or into Victoria, they are typically grouped as follows:

  • Table Grapes
  • Wine Grapes
  • Grape must and unfiltered juice
  • Grape marc
  • Grape cuttings and rootlings
  • Potted grapevines
  • Diagnostic samples
  • Used Agricultural Equipment and Packages
  • Vineyard soil
  • Other.

Filtered juice is not a regulated host material. It does not need a permit or certification for movement into or within Victoria.

A person may demonstrate meeting the maximum particle size using a filter where particles that exceed 50 microns are not included in the product deemed as filtered juice. Where an alternative method is considered that can meet the same maximum particle size, the person may contact market.access@agriculture.vic.gov.au for consideration and advice on meeting the exemption from requiring a permit.

Moving phylloxera host materials within Victoria

Sign says - Warning - no grape material or equipment past here without approval - Telephone 136 186 - Agriculture Victoria

Read the Moving Plants and Plant products webpage for more information on moving plants and plant products.

Control area road signage marks the boundary of entering a PEZ or leaving a PIZ. It is an offence under section 20(2) of the Plant Biosecurity Act 2010 to transport phylloxera host materials past these signs without an appropriate permit or certification.

Movement of regulated host materials from a Phylloxera Infested Zone (PIZ) and/or into a Phylloxera Exclusion Zone (PEZ), is prohibited unless one of the following apply:

  1. The movement is not regulated:
    • PRZ-PIZ movement of host materials has no restrictions. There is no requirement for certification or a permit.
    • PRZ-PRZ movement of host materials has no restrictions. There is no requirement for certification or a permit.
    • PEZ-PEZ movement of host materials has no restrictions. There is no requirement for certification or a permit.
    Note: If a host material is to complete a return trip, requirements for the return trip must also be considered.
  2. The movement meets an exemption under the Order.
    • PEZ-PEZ movement has no restrictions. There is no requirement for certification or a permit.
  3. A permit is issued by Agriculture Victoria:
    • A permit is issued by an inspector to permit the movement of the consignment and the permit holder ensures all the conditions of the permit are complied with.
  4. The movement is certified by Agriculture Victoria:
    • A Plant Health Certificate (PHC) is issued by an inspector to certify that a table grapes consignment is packed for sale as table grapes, with a registered product containing at least 970g/kg anhydrous sodium metabisulphite at the rate specified on the label or in an Australian Pesticides and Veterinary Medicines Authority (APVMA) permit. No additional permit is required.
  5. The movement is certified under an arrangement:
    • ICA-22: Movement of grape must or unfiltered juice from a PIZ and/or into a PEZ.
      1. Must or unfiltered juice must be consigned, transported and received in accordance with ICA-22.
      2. Must or unfiltered juice must be consigned with a Product Movement Declaration issued under ICA-22, signed by an Authorised Signatory.
      3. No additional permit is required if these requirements are met.
    • ICA-33: Movement of wine grapes moving from a PRZ to a PEZ.
      1. Wine grapes must be sourced from a property covered by a Certificate for a Property or Area Freedom issued by Agriculture Victoria after being surveyed by an Inspector during the current growing season and found free of grape phylloxera.
      2. Wine grape must be consigned, transported and received in accordance with ICA-33.
      3. Wine grapes must be consigned with a Plant Health Assurance Certificate (PHAC) issued under ICA-33, signed by an Authorised Signatory.
      4. No additional permit is required if these requirements are met.
    • ICA-37: Movement of cuttings or rootlings from a PRZ into a PEZ.
      1. Cuttings or rootlings must be treated and consigned in accordance with ICA-37.
      2. Cuttings or rootlings must be consigned with a PHAC issued under ICA-37, signed by an Authorised Signatory.
      3. No additional permit is required if these requirements are met.

Applying for a permit

A person must apply for and be issued a permit to move a regulated phylloxera host material within Victoria from a Phylloxera Infested Zone (PIZ) and/or into a Phylloxera Exclusion Zone (PEZ).

The Plant Biosecurity Permit page explains how to apply for a permit and the required application form.

Plant biosecurity permit

Moving phylloxera host materials into Victoria - Victoria’s Plant Quarantine Manual

Movement of phylloxera host material into Victoria is managed in accordance with requirements from the Plant Biosecurity Regulations 2016.

To assist with complying with Victoria’s movement condition requirements when importing phylloxera host material into the state, Agriculture Victoria’s online Plant Quarantine Manual provides you with advice on entry conditions for plant and plant products.

Moving phylloxera host materials out of Victoria

If leaving a Victorian PIZ to move interstate, the Victorian control area requirements to leave the PIZ still apply, and additional interstate requirements.

Interstate authorities may place restrictions on the movement of plants, plant products or related materials into their state. Read the Exporting plants and plant products page provides more information.

If you think you’ve seen Phylloxera

Phylloxera (Daktulosphaira vitifoliae) is a declared notifiable pest under the Plant Biosecurity Act 2010.

If you think you have detected phylloxera on your property, you must report any suspected detections to Agriculture Victoria within 7 days by:

There is a mandatory reporting requirement under the Plant Biosecurity Act 2010 if a person knows or has reason to suspect phylloxera may be present at a property.

This mandatory reporting requirement applies to person/s who:

  • own or occupy the land
  • own or possess the material
  • deal with the land or material as a consultant or contractor engaged by the owner/occupier or manager.
  • own or manage a diagnostic laboratory that receives a sample.

A failure to notify is an offence under section 17 of the Plant Biosecurity Act 2010. The maximum penalty amount for sentencing by the Court is:

In the case of a notifiable pest or disease, 120 penalty units;

The current penalty unit amount is published on the Department of Justice and Community Safety website - Penalties and values. From 1 July 2021 to 30 June 2022, the value of the penalty unit is $181.74.

Definitions

The following definitions apply to phylloxera host material movements within Victoria:

Host material
“host material” means host plants; and earth material, package or used equipment associated with the cultivation, harvesting, handling, transport or processing of host plants.

Host plant
“host plant” means plants and plant products of the genus Vitis (excepting a plant in tissue culture), including potted vines, cuttings, rootlings, grapes, juice (excluding filtered juice), grape marc and grape must.

Filtered juice
Filtered juice means the liquid fraction of grape must that has been processed (including but not limited to filtration or centrifugation) to achieve a maximum particle size of 50 microns.

Diagnostic sample
Diagnostic sample means a non-commercial quantity of a phylloxera host material, such as grape juice, grapes, grapevine plant material or vineyard soil collected for specific analyses in a laboratory.

Vineyard soil
Vineyard soil means soil that has been associated with the cultivation/growing of Vitis (grapevines). (This type of soil is separate from small quantities of vineyard that may meet the “diagnostic samples” definition).

Further information

Go to the Moving Plants and Plant products webpage for more information on moving plants and plant products

For more information, please contact our Customer Service Centre on 136 186 or email market.access@agriculture.vic.gov.au

Page last updated: 04 Apr 2022