38Orders regulating or prohibiting agricultural spraying

38 Orders regulating or prohibiting agricultural spraying

(1) The Governor in Council may by Order control or prohibit agricultural spraying for the purpose of protecting susceptible plants and stock, public health and the environment.

(2) Before recommending to the Governor in Council that an Order be made, the Minister must publish notice of the proposal to make the Order, in the Government Gazette and, twice in not less than 14 days, in a newspaper circulating generally in the area that would be affected by the Order.

(3) The notice must—

(a) specify the general purpose of the proposed Order; and

(b) state where a copy of the proposed Order can be purchased, and where it can be inspected; and

(c) state that public comment is invited.

(4) The Minister must allow at least 28 days after the later publication of the notice in the newspaper for public comment.

(5) If after complying with subsections (2) and (3) and considering any comments made under subsection (3)(c) the Minister decides to recommend the making of the Order, he or she must publish notice of that decision in the Government Gazette and in the same newspaper.

S. 38(6) amended by No. 73/1994 s. 50(2).

(6) The Order must be published in the Government Gazette and takes effect on the day of publication or any later day specified in the Order.