Biosecurity Act 2023
58Control declarations—measures about destruction of
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58 Control declarations—measures about destruction of things (1) A control declaration must not require or authorise the destruction of any biosecurity matter or other thing unless— (a) it is, or the Minister or an authorised person reasonably suspects it is, prohibited biosecurity matter; or
(b) it is, or the Minister or an authorised person reasonably suspects it is, a carrier of prohibited biosecurity matter; or (c) it is a pest to which the control declaration relates; or (i) it is, or the Minister or an authorised person reasonably suspects it is, infected with, infested with or carrying biosecurity matter to which the control declaration relates; (ii) there is no other reasonably practicable treatment measure that could eliminate or minimise the biosecurity risk posed by the biosecurity matter; or (e) it is, or the Minister or an authorised person reasonably suspects it is— (i) abandoned; and (ii) biosecurity matter to which the control declaration relates, or a carrier of biosecurity matter to which the control declaration relates. (2) If a control declaration requires or authorises the destruction of any biosecurity matter or other thing, the Minister must ensure that a copy of the declaration is given to the owner or person in charge of the biosecurity matter or other thing before it is destroyed, unless— (a) there appears to be no-one immediately in control of it, and the owner or person in charge cannot be found after reasonable inquiry; and (b) the Minister considers that, in the circumstances, the declaration must be carried out without delay or prior notice to the owner or person in charge.