25Infested land notice

25 Infested land notice

(1) If an inspector knows or reasonably suspects that any plant or plant product affected by any disease or pest or any pest is on any land and the inspector so reports to the Secretary, the Secretary may give the owner or occupier of the land a notice—

(a) prohibiting or restricting, subject to specified conditions, the removal of any plant, plant product, used package, used equipment or earth material from the land specified in the notice; or

(b) requiring that the owner or occupier destroy or cause the destruction of that pest, plant or plant product; or

(c) requiring that the owner or occupier control or eradicate, or cause the control or eradication of, the disease or pest affecting that plant or plant product.

S. 25(2) amended by No. 1/2024 s. 70(1).

(2) If a notice is given under subsection (1)(a), a person must not remove or allow or cause or permit to be removed from the land specified in the notice any plant, plant product, used package, used equipment or earth material specified, or of a type or class specified, in the notice contrary to any prohibition, or contrary to the conditions of any restriction, in the notice.

S. 25(3) amended by No. 1/2024 s. 70(2).

(3) If a notice is given under subsection (1)(b), the owner or occupier must destroy or cause the destruction of the pest, plant or plant product specified in the notice.

S. 25(4) amended by No. 1/2024 s. 70(3).

(4) If a notice is given under subsection (1)(c), the owner or occupier must control or eradicate, or cause the control or eradication of, the disease or pest affecting the plant or plant products specified in the notice.

S. 25(5) inserted by No. 54/2013 s. 4.

(5) The Secretary must cause a copy of a notice given to the owner or occupier of land under subsection (1) to be given to the prescribed owner of the land unless notice was given to the prescribed owner under subsection (1).