Biosecurity and Agriculture Management Act 2007

An inspector may give a pest control notice to any or all of the following persons —

an 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 if —

the declared pest has been found on or in the vicinity of the land; or

the keeping of the declared pest on the land is authorised under this Act; or

there are reasonable grounds for suspecting that the declared pest is on or in the vicinity of the land;

to any other person in respect of an area for which an organism is a declared pest if —

the declared pest has been found on or in the vicinity of a place or any other thing in that area owned or occupied by, or under the control, of that person; or

the keeping of the declared pest on a place in that area owned or occupied by, or under the control, of that person is authorised under this Act; or

there are reasonable grounds for suspecting that the declared pest is on or in the vicinity of a place or any other thing in that area owned or occupied by, or under the control of, that person.

A pest control notice —

must be in writing; and

must identify the declared pest in respect of which the notice is given, and indicate where the pest was found, is suspected to be, or is authorised under this Act to be kept; and

may direct the person to whom it is given to comply with a code of practice specified in the notice, or to take the measures set out in the notice or required under the regulations or a management plan specified in the notice, for the purpose of controlling the declared pest or, if the declared pest is authorised to be kept, for the purpose of keeping the declared pest as authorised under this Act; and

must specify the period within which, or for the duration of which, the person to whom it is given must comply with the notice; and

inform the person to whom it is given that failure to comply with the notice could result in a fine, the Director General taking remedial action under section 38, or both.

The Director General may give a copy of a pest control notice, for information —

to another person if —

that person is the owner or occupier of land that is in close proximity to the land, premises or thing in respect of which the pest control notice is given; and

there are reasonable grounds for believing the person’s agricultural activities or land would be adversely affected if the declared pest were to infect or infest the person’s land or any plants or animals on the land, or the premises or any other thing owned or occupied by, or under the control or management of, the person;

to a management committee established by regulations made under section 141(1)(b) if the Director General is of the opinion that the information is relevant to the functions of the management committee.