New South Wales Consolidated Acts

PLANT DISEASES ACT 1924 - SECT 5A

5A Treatment and eradication of diseases and pests

(1) For the purpose of treating a disease or pest or preventing the spread of disease or a pest, or for the purpose of eradicating or lessening the risk of disease or pest or to prevent any disease or pest attacking or being harboured, the Minister may, by order, require an appropriate person:

(a) to do or permit such acts, or to take such measures (including the uprooting and destruction of plants or fruit and the destruction of packages), as are specified in the order, or

(b) to prohibit such acts or the taking of such measures as are specified in the order.

Note: For orders under this section see the Historical notes at the end of this Act.

(2) An order made under subsection (1):

(a) may be limited in its application to a specified part of the State,

(b) may require the measures referred to in subsection (1) to be taken and the acts so referred to to be done or permitted at a time or times specified in the order,

(c) may require the measures referred to in subsection (1) to be taken and the acts so referred to to be done or permitted in relation to any thing (whether or not infected) including plants, fruit and coverings, and

(d) unless it sooner ceases to be in force, is revoked on the fifth anniversary of the date on which it was published in accordance with this section.

(2A) An order made by the Minister under this section is to be published in the Gazette. However, if the Minister considers the order is required urgently, the order may be published:

(a) in a newspaper circulating, or by radio or television broadcast, in the area to which the order applies, or

(b) on the Department’s internet website.

(2B) If an order is published in accordance with subsection (2A) (a) or (b), the Minister is to publish the order as soon as practicable in the Gazette.

(3) Sections 40 and 41 of the Interpretation Act 1987 apply to an order made under subsection (1) in the same way as they apply to a statutory rule within the meaning of that Act published on the NSW legislation website.

(4) In this section:
"appropriate person" means:

(a) an owner or occupier of land or premises, or

(b) a person in possession of plants, fruit, coverings or any other things, whether of the same or of a different kind or nature.