Livestock Management Act frequently asked questions

These changes came into effect on 31 August 2022.

These laws came into effect following amendments to the Livestock Management Act 2010 and Livestock Management Regulations 2022.

The new laws establish a voluntary framework for livestock managers to reduce biosecurity risks arising from unlawful entry by trespassers. Producers can opt in, or not.

By opting in, you can choose to require visitors to follow prescribed biosecurity measures, including that:

• a visitor who enters or remains in the whole or part of a premises does so with your consent
• a visitor who interferes with or disturbs any livestock or thing on the whole or part of a premises does so with your consent

For an offence to be enforceable, you must have:

• Prepared a biosecurity management plan (BMP) containing the mandatory content, and store it in a safe place. This step can be done by using the available BMP coversheets to accompany your existing on farm biosecurity plan, and
• Erected compliant biosecurity signage.

If you choose to implement the new framework on your premises, it is up to you as the producer to ensure that you meet the requirements. For an offence to apply under the new laws, you must ensure that:

• a Biosecurity Management Plan (BMP) containing the mandatory content has been prepared
• compliant biosecurity signage has been erected at the required locations
• visitor consent procedures (including providing written notice of consent or withdrawal of consent) are followed (refer to ‘How does a visitor to my property gain consent?’ and ‘Can I withdraw my consent?’)

BMP, biosecurity sign and consent form templates containing the required information can be downloaded from Changes to the Livestock Management Act 2010.

If you choose to implement the voluntary framework the new laws will apply to all visitors entering your property, except certain persons in specific circumstances including:

• Persons who live on a premises to which a BMP applies
• Persons entering or remaining on a premises at the invitation of a person who lives, or manages a livestock activity, on a premises to which a BMP applies
• Persons entering or remaining on a premises under the authority of a current lease or licence with the owner of the premises to which a BMP applies
• Permitted workers
• General public entering and remaining on licensed Crown water frontage for recreational purposes such as walking, fishing, and birdwatching. Camping is also permitted under the Land (Regulated Watercourse Land) Regulations 2021 in specific, designated camping areas on licensed Crown water frontages.
• Personnel authorised under other legislation (for example, utility workers requiring access during emergencies, Authorised Officers and Victoria Police personnel)

No. Visiting family and friends do not have to seek consent if they are entering on to a premises at the invitation of a person who lives, or manages a livestock activity, on that premises.

A nominated person is a person (or persons) nominated in the BMP which applies to a premises.

More than one person may be a nominated person.

The means of contacting the nominated person(s) (for example, business phone number, business email and/or QR code) must be included on the biosecurity sign for the offences to be enforceable.

If a nominated person (nominated in the BMP) leaves employment, the means of contacting the nominated person(s) must be updated in the BMP and on the biosecurity signs.

A permitted worker is a person who in good faith performs duties for remuneration or on an unpaid or voluntary basis with the consent of a person in charge of livestock, or a nominated person at a premises to which a BMP applies.

Examples of permitted workers include: shearers, electricians, veterinarians, consultants, fencing contractors, farmhands and milkers.

Permitted workers do not need to follow the visitor consent procedures to gain consent from a nominated person or a person in charge of livestock at the premises.

Consent given to a permitted worker by a nominated person or a person in charge of livestock may be withdrawn at any time.

If consent is withdrawn, a nominated person or the person in charge of livestock must immediately notify the person that they must seek consent as a visitor to enter or remain on the premises and provide the means of contacting a nominated person.

If you choose to implement the voluntary framework a visitor must gain consent to enter or remain on the property and interfere with or disturb livestock. Consent may be given in writing or using an SMS message or other method of electronic communication (for example, through a QR code system).

Consent may be given in writing or using an SMS message or other method of electronic communication (for example, through a QR code system).

For a visitor to obtain consent from a nominated person to enter or remain on the premises, the visitor must:

• Contact a nominated person, as outlined on the biosecurity sign, and ask for consent
• Provide the nominated person with identification information including:
  • – Proof of name and current address
  • – Motor vehicle registration number (if travelling to the premises in a motor vehicle)
• Provide the nominated person with information regarding:
  • – Proposed time of entry and period of time to remain on premises
  • – Purpose of proposed entry

For a visitor to obtain consent from a nominated person to interfere with or disturb livestock or things at the premises, the visitor must:

• Contact a nominated person, as outlined on the biosecurity sign, and ask for consent
• Describe to the nominated person the proposed interference or disturbance and its purpose

Following request for consent, a nominated person may accept or refuse to give consent.

• If consent is not given, a nominated person must notify the visitor (either verbally or in writing).
• If consent is given, a nominated person must give notice to the visitor in writing (including electronically, e.g. email, text message), which includes:
  • – Statement that consent is given for specified prescribed biosecurity measure
  • – Name of visitor and nominated person
  • – Prescribed biosecurity measure to which consent relates
  • – Permitted time and time period that visitor may enter or remain on premises
  • – Area to which consent relates (if applicable)

Visitors who have gained consent must:

• Keep a copy of the consent with them at all times while on the premises
• Retain a copy of the consent for 28 days.

Consent form templates containing the required information can be downloaded from the Changes to the Livestock Management Act 2010 webpage.

Yes, a nominated person may withdraw consent given to a visitor at any time.

If consent is withdrawn, a nominated person must immediately notify the visitor in writing that the consent has been withdrawn including:

• Name of nominated person
• Relevant information from the original written notice of consent

It is not mandatory to have a BMP coversheet attached to your farm biosecurity plan. However, including the required information found in the BMP coversheet template will enable enforcement of compliance with the new laws.

Farmers should be aware that new laws have been introduced in Victoria enabling livestock producers to protect their property from unlawful trespassers. To take advantage of these protections, producers must include a farm map and specific information as part of their farm biosecurity plan. A BMP coversheet contains specific prescribed information.

Having a BMP coversheet does not replace an on-farm biosecurity plan, it is added to it.

For an offence to apply under the new laws, a BMP coversheet must be in place that includes the following:

• A clear title: including the words 'BIOSECURITY MANAGEMENT PLAN' and the address of the premises to which it applies
• Contact information: the name and contact details of the nominated person(s)
• Area description: a description, map or plan of the whole or specified part of the premises to which the BMP coversheet applies, that accurately describes the boundaries of the premises
• Preparation details: additional details including the day that the BMP coversheet comes into operation and the name of the person who prepared the BMP coversheet.

Additional content may be included (such as the contact details of your local veterinarian or local Agriculture Victoria Animal Health Officer) but this is not required for offences to be enforceable.

You can use the BMP coversheet template provided or add the mandatory information to your existing farm biosecurity plan.

Comprehensive farm biosecurity plan templates and additional resources are available from Animal Health Australia and our website.

No. Under the new laws, you are not required to show a person the BMP that applies to your premises.

The BMP coversheet does not replace an on-farm biosecurity plan, it is added to it. The BMP coversheet template provided contains the mandatory content required under the new laws to ensure that offences can be enforced if a person breaches the prescribed biosecurity measures. It should be added as a coversheet to any existing biosecurity plans on your property.

Many national industry bodies and industry quality assurance and accreditation programs have additional biosecurity plan requirements. You should ensure that you meet any specific criteria relevant to your premises.

A BMP may:

• be prepared at any property where a livestock management activity occurs (e.g. private farms, feedlots, abattoirs); and,
• apply to the whole property, or a specific part of the property.

It is important to remember that only one BMP can apply to a specific area. A property may have a single BMP apply to the whole area, or it may have multiple BMPs each applying to different areas within the same property.

As part of your BMP, you must specify where the BMP applies, for example using a hand-drawn map, photograph or electronic image. It is recommended that you label all main vehicular access points (or all pedestrian access points if there is no vehicular access) to the area where the BMP applies.

Examples of where a BMP may apply on a property are shown below.

1. Where a livestock manager develops a BMP which applies to the whole property. For example, in extensive livestock production systems (e.g. sheep or cattle).



Diagram description of Livestock management area – whole property

2. Where a livestock manager develops a BMP which applies only to a specific part of the property, or if the livestock manager develops multiple BMPs for different parts of the same property. For example an extensive livestock production system which also contains pig or poultry rearing facilities, each with different requirements set out in each BMP.



Diagram description of Livestock management area – part property

The new laws require one BMP per farm operation. Producers with farms comprising more than one property (for example, where livestock are managed on multiple properties) need to prepare only one BMP to cover all of the properties (as long as the areas and boundaries are adequately described in the BMP). If properties are added or removed from the farming operation (for example, through new agistments, leases, purchases or sales) the map or description of those in the BMP will need to be updated. In addition, compliant biosecurity signage is required at all of the areas specified in the BMP.

A BMP does not have an expiry date. However, it is recommended that you review your BMP  at least every 12 months to address any new biosecurity risks and/or changes to your livestock management area/s. You must also ensure that the details of the nominated person (or persons) remain up-to-date.

If a new BMP coversheet is developed for an area to which a BMP coversheet already applies, the new BMP coversheet will automatically take effect.

A BMP cannot apply to licensed Crown water frontages. The public is allowed to enter and remain on licensed Crown water frontage land for recreational purposes, in accordance with section 401A of the Land Act 1958.

Access to licensed Crown water frontages is via other public land which does not require access to private properties. If a person wishes to enter or cross adjacent private land to which a BMP applies, they will need to comply with the requirements of that BMP. Trespassing on private land is illegal.

However, a BMP can apply to leased Crown water frontages. In this case, a livestock manager may develop a BMP which applies to this area. In this case, compliant biosecurity signage would also be required for the offences to apply.

For more information regarding the recreational use of Crown water frontages, you can visit the Department of Environment, Land, Water and Planning (DELWP) website.

Specific details (outlined below) are required on signs to help visitors understand their obligations under the new laws and make visitors aware of the biosecurity risks associated with entering an agricultural premises.

Biosecurity signs must be securely attached to a gate, fence, signpost, building or other solid permanent structure at the following locations:

• At all vehicular access points to the area to which a BMP applies
• If no vehicular access points exist or are restricted (e.g. forklift only area), at any pedestrian access points to the area to which a BMP applies

Under the new laws, biosecurity signs must contain the following:

• the word ‘STOP’ or ‘VISITORS’
• a reference to the ‘Livestock Management Regulations 2021’
• a statement that a contravention of a prescribed biosecurity measure is an offence
• a summary of any prescribed biosecurity measures that apply to the premises (or the specified part of the premises)
• the method of contacting a nominated person (e.g. phone number, email, QR code) for a visitor to obtain consent for a prescribed biosecurity measure

Biosecurity signs do not need to include the name of the nominated person. However, you must ensure that the contact details of the nominated person remain up-to-date (for example, if the nominated person leaves employment).

For offences to apply under the new laws, the biosecurity signs must be at least 290mm × 385mm in size and constructed of sturdy, weather-resistant material, with words that are legible and contrast with any background colour (for example, black text on a white background). Landscape signs are more common, although orientation is not limited.

Stickers containing the required information may be placed on existing farm biosecurity signage only if they are constructed of durable, weather-resistant material (e.g. vinyl).

Yes, provided that the sign contains the required information and meets the minimum size requirements (refer to 'What should the signs look like?') you can modify your existing signs, for example through using a durable, weather resistant vinyl sticker.

Sign templates containing the required information can be downloaded from Changes to the Livestock Management Act 2010.

Templates

• biosecurity management plan (BMP) coversheet template
• biosecurity sign template
• visitors’ consent form template
• withdrawal of consent form template

The penalties for non-compliance with prescribed biosecurity measures include:

• On-the-spot fine (infringement offence):
  • – For an individual, equivalent to $1,346 (in 2023–2024)
  • – For an organisation, equivalent to $8,654 (in 2023–2024)
• For more serious offending where prosecution is undertaken, and it proceeds to the Magistrates’ Court for determination:
  • – For an individual, up to $11,539 (in 2023–2024)
  • – For an organisation, up to $57,693 (in 2023–2024)

Other offences include:

• Damaging or defacing a biosecurity sign
• Providing false or misleading information to a nominated person when requesting consent
• Not complying with an inspector’s request to view a notice of consent

Persons illegally entering an agricultural premises may be liable for an offence under the Livestock Management Act 2010 and Livestock Management Regulations 2021. Offences related to trespass may also apply under the Summary Offences Act 1966.

If there are protestors on your farm that are trespassing or breaching prescribed biosecurity measures you have the following reporting options available to you.

Where:

• life or property is in danger – contact Victoria Police on 000
• trespass is occurring on the property – contact Victoria Police on 000
• a suspected crime has occurred (including where surveillance devices are discovered) and persons are no longer on the property – contact Victoria Police via the Police Assistance Line on 131 444
• there is concern about the risks to the biosecurity of the property or animal welfare
  • – during business hours, contact Agriculture Victoria on 1300 502 656
  • – after hours, contact the Emergency Animal Disease Hotline on 1800 675 888.

The new laws are intended to deter people from trespassing on agricultural premises through the introduction of an offence for non-compliance with prescribed biosecurity measures when compliant signs are displayed and a BMP containing mandatory content is in place. Penalties for the offences reflect the serious biosecurity threat trespassing poses to Victorian agriculture.

If you suspect that a person is breaching a prescribed biosecurity measure or trespassing on your property, you have the following reporting options available to you.

Where:

• life or property is in danger – contact Victoria Police on 000
• trespass is occurring on the property – contact Victoria Police on 000
• a suspected crime has occurred (including where surveillance devices are discovered) and persons are no longer on the property – contact Victoria Police via the Police Assistance Line on 131 444
• there is concern about the risks to the biosecurity of the property or animal welfare
  • – during business hours, contact Agriculture Victoria on 1300 502 656
  • – after hours, contact the Emergency Animal Disease Hotline on 1800 675 88.

For more information about the new laws, you can contact Agriculture Victoria on 1300 502 656.