New South Wales Consolidated Acts

PLANT DISEASES ACT 1924 - SECT 21

21 Power to destroy plants in an abandoned orchard or nursery

(1) An inspector who has reasonable cause to believe that any disease or pest is likely to be present in, or spread from, an orchard or nursery because it is neglected or abandoned may report the matter to the Minister. The Minister is required to give notice to the owner or occupier of the orchard or nursery if the Minister decides to exercise the powers conferred on the Minister by this section.

(2) Any person aggrieved by a decision of the Minister under subsection (1) may apply to the Administrative Decisions Tribunal for a review of the decision.

(3) A decision of the Tribunal made in proceedings determining an application made under subsection (2) is not an appealable decision for the purposes of Part 1 of Chapter 7 of the Administrative Decisions Tribunal Act 1997 .

(4) After the end of the period prescribed by or under the Administrative Decisions Tribunal Act 1997 within which an application may be made under subsection (2) for a review of a decision in relation to an orchard or nursery, the Minister may cause an inspector to destroy all plants within the orchard or nursery that in the inspector’s opinion are likely to harbour or spread diseases or pests, but only if:

(a) such an application has not been made within that period, or

(b) if such an application has been made within that period-the application has been dismissed or withdrawn or the decision otherwise affirmed.

(5) Costs incurred in exercising the power conferred by subsection (4) are recoverable in a court of competent jurisdiction as a debt due to the Crown from the owner of the orchard or nursery concerned, or, if the orchard or nursery is not occupied by its owner, from the occupier of the orchard or nursery.