Treatment or disposal – owners generally
19 Treatment or disposal – owners generally
(1) For the control of a declared pest, a regulation may be made to require the owners of specified plants or plant-related materials to treat, or dispose of, the plants or materials in a specified way.
(2) For the control of a declared pest, the Chief Inspector may, by Gazette notice, require the owners of specified plants or plant-related materials to treat, or dispose of, the plants or materials in a specified way.
(3) The Chief Inspector may do so only if the Chief Inspector reasonably believes the treatment or disposal is urgently needed for the control of the pest.
The notice:
must not have effect for longer than 12 months; and
must not be extended after the end of the 12 months.
(5) A regulation under subsection (1) or a notice under subsection (2):
(a) must specify when the treatment or disposal is to be carried out; and
(b) may specify that the regulation or notice applies only to plants or plant-related materials located in a specified part of the Territory.
(6) An owner of plants or plant-related materials to which the regulation or notice applies must comply with the regulation or notice.
Fault element: Intention.
Maximum penalty: 500 penalty units.
(7) It is a defence to a prosecution for an offence against subsection (6) if the defendant establishes a reasonable excuse.
This provision refers to the regulations (A regulation
, the regulation
). Made under this Act:
This Act’s bill:Second reading speech
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