15Release or spread of pest or disease

15 Release or spread of pest or disease

(1)  The release or spread of –

(a) a declared pest; or

(b) a declared disease; or

(c) an unknown pest; or

(d) an unknown disease –

into the environment is prescribed to be a prohibited dealing for the purposes of section 17(2) of the Act.

(2)  Without limiting subregulation (1) , a person is taken to be responsible for the release or spread of a pest or disease into the environment if at the time of the alleged dealing –

(a) he or she –

(i) was the owner or occupier of premises that are reasonably suspected of being a carrier of the pest or disease; or

(ii) otherwise had possession, care or control of the pest or disease, or any thing reasonably suspected of being a carrier of the pest or disease; and

(b) he or she –

(i) caused, allowed, or failed to prevent the release, scattering or escape into the environment, or from the premises, of the pest or disease, or any thing reasonably suspected of being a carrier of the pest or disease; or

(ii) otherwise dealt with the pest or disease, or any thing reasonably suspected of being a carrier of the pest or disease, in a manner that resulted in the spread or increase of the pest or disease into the environment or from the premises.