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Section 16: Specific pest infestation

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.

16. Specific pest infestation (1) Subject to subsection (3), an officer may, for the purpose of controlling or removing a regulated pest existing in or upon any premises or for the purpose of preventing the spread of any existing regulated pest to any premises, issue a notice in writing directing the owner of the premises forthwith, or within a time specified by the officer, to take such measures as he thinks fit, including to— (a) quarantine, upon conditions as directed, all or any part of the premises in question; P12 – 7 [Issue 1] Plant Protection Act (b) destroy any regulated pest thereon or any plants, packages or other matter or thing that are infested with a regulated pest; (c) treat as directed all or any part of the premises or any plant, plant products soil or other matter or thing thereon. (2) Any direction given under subsection (1) may include— (a) a direction that the destruction shall be performed in accordance with the directions of, the officer; (b) a direction that the destruction shall be performed by, or under the direction of the officer. (3) An officer shall not give a direction under subsection (1) ordering the destruction of any part of a healthy crop that is not infested with a regulated pest unless he considers it necessary to do so in order to prevent, control or remove pest infestation of plants. (4) Where any part of a healthy crop that is not infested is destroyed pursuant to subsection (3), the owner of the crop shall be paid such compensation as may be prescribed. (5) No compensation shall be paid to a person who commits an offence under this Act. (6) For the purposes of this section, “crop” means a plant that is intentionally grown for its consumption as food or fodder or for its resale or the sale of its products or for a commercial use.

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