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Section 12: Control measures for quarantine areas

Plant Protection Act · PART III: CONTAINMENT AND ERADICATION OF PESTS

consolidated text (as at 2017, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

12. Control measures for quarantine areas (1) An officer may, where he reasonably believes that any premises within the quarantine area is being infested by a quarantine pest, exercise such powers as are assigned to him under this Act and require by way of notice— (a) the owner of the premises; (b) the owner of premises in the vicinity, to take, within such period of time as may be specified in the notice, such measures as he thinks fit to eradicate, contain or restrict the spread of the quarantine pest. (2) The officer may, in the notice referred to in subsection (1), specify that— (a) any treatment or destruction of plants or plant products and other regulated articles or other matter or things shall be carried out within a specified period of time or under the direction of an officer; (b) the costs of the treatment or destruction performed by, or under the direction of, an officer shall be at the cost of the owner of the premises. (3) Where there is no person in actual occupation of any premises, or where the occupier cannot be found, service of any notice under this Act may be made by affixing the same in some conspicuous place on the premises, and such affixing shall be deemed to be sufficient service. (4) Where the urgency of the situation so requires or the owner of any premises fails to comply with a notice issued under this section, the NPPO [Issue 1] P12 – 6 Revised Laws of Mauritius may take such measures as are appropriate to eradicate, contain or restrict the spread of the quarantine pest. (5) Any cost incurred under subsection (4) may be claimed from the owner of the premises.

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