Plant Health Act 2008

(1) The Chief Inspector may, by Gazette notice, declare a place to be a quarantine place if the Chief Inspector reasonably believes it is necessary to do so for the control of a declared pest.

(2) The quarantine place must be declared for 1 or more of the following purposes:

(b) the treatment and disposal of plants or plant-related materials at the place;

(c) prohibiting or restricting, or imposing other requirements in relation to, 1 or more of the following:

(iv) the cultivation of plants or the carrying on of any other activity at the place;

(a) must specify the declared pest, the purposes of the quarantine place and any related prohibitions, restrictions or requirements; and

(b) may specify that specified prohibitions, restrictions or requirements apply to the whole of the place or 1 or more specified parts of the place; and

(c) may specify that the prohibitions, restrictions or requirements apply only in specified circumstances (for example, only in relation to specified plants or plant-related materials); and

(d) may specify that the prohibitions, restrictions or requirements are subject to specified conditions, including:

(ii) the right of a person whose interests are or might be affected by the decision to apply under section 58 for a reconsideration of the decision.

Example

Because of subsection (3)(b), the notice may specify additional requirements for a part of the place to deal with a high level of infestation in that part of the place.

Fault element: Intention.

Maximum penalty: 2 500 penalty units.

(5) It is a defence to a prosecution for an offence against subsection (4) if the defendant establishes a reasonable excuse.