Duty to control declared pest
30 Duty to control declared pest
In this section —
prescribed control measures, in relation to a declared pest, means the measures to control that declared pest required under the regulations or a management plan.
The owner or other person in control, in an area for which an organism is a declared pest, of an organism or thing infected or infested with the declared pest must take the prescribed control measures to control the declared pest.
Penalty: a fine of $20 000.
The owner or occupier of land in an area for which an organism is a declared pest or a person who is conducting an activity on the land must take the prescribed control measures to control the declared pest if it is present on the land, or has infected or infested an organism or thing on the land, or is likely to be present on the land or to infect or infest an organism or thing on the land.
Penalty: a fine of $20 000.
Subsections (2) and (3) apply to a person in relation to a declared pest regardless of whether the person is also required to comply with a pest control notice or a pest exclusion notice in relation to the declared pest.
Where 2 or more persons are required to take prescribed control measures under subsection (2) or (3) in relation to the same organism or thing, it is a defence to a charge of an offence by any of them under subsection (2) or (3) to show that another person has complied with the requirement imposed on that person.
It is a defence to a charge of an offence by a person under subsection (2) or (3) if the person establishes that the person did not know, and could not reasonably have been expected to know, at the material time, that the declared pest was present on the land or was likely to be present or that an organism or thing was infected or infested or was likely to be infected or infested.
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