New South Wales Consolidated Acts

STOCK DISEASES ACT 1923 - SECT 8

8 Further powers of inspectors

(1) Notwithstanding the provisions of any other Act, when any stock are found by an inspector to be infected or suspected by the inspector of being infected, the inspector may:

(a) order the owner or any person having control or in charge of the stock or the occupier of the land upon which the stock are found, kept or pastured to cause them to be identified, tested or treated in such manner as the inspector may specify (but subject to any requirement prescribed by the regulations),

(b) order that owner, person or occupier to remove to a specified place the stock and any fodder, fittings or other things whatsoever used in connection therewith or any thing produced by or from the stock and, if the inspector thinks fit, order that owner, person or occupier to slaughter the stock or cause the stock to be slaughtered at that specified place,

(c) by notice in writing served on the owner or occupier of any land upon which the stock have been found, pastured, kept or travelled or across which the stock have been transported or to which the stock have been removed:

(i) declare any such land to be a quarantine area in respect of stock of that or any other kind for such period not exceeding 40 days as may be specified in the notice and, if the inspector thinks fit, require that owner or occupier to confine the stock to any land specified in the notice for such a period, or

(ii) declare any such land to be a quarantine area in respect of stock of that or any other kind for such a period and require that owner or occupier to confine the stock to that quarantine area for a like period,

(c1) with the approval of the Minister, require, by an order in a form prescribed by the Director-General, the owner of any land or the lessee of any Crown land, that is within a quarantine area, not being a quarantine area declared by the Minister under section 10, and is not sufficiently fenced or enclosed to prevent the ingress or egress of stock, to carry out such fencing or repairs or additions to fencing as may be specified in the order within the time so specified,

(d) order:

(i) the owner or any person in possession of any hide, skin, hair or wool of the stock, or any articles used in connection with the stock or any thing produced by or from the stock, or

(ii) the occupier of the land on which the same are found,

to cause them to be treated in such manner as the inspector may specify (but subject to any requirement prescribed by the regulations),

(e) order the owner or any person in possession or charge of any vehicle or vessel which has been used for the conveyance of any such stock, hide, skin, hair, wool, article or thing to cause the vehicle or vessel to be disinfected in such manner as the inspector may specify (but subject to any requirement prescribed by the regulations),

(f) order the owner or occupier of any land upon which the stock are or have been to cause the land or any building thereon to be disinfected in such manner as the inspector may specify (but subject to any requirement prescribed by the regulations).

(1AA) When any artificial breeding material on land or premises is found by an inspector to be diseased or suspected by the inspector of being diseased, the inspector may by notice in writing served on a person who is the owner or occupier of the land or premises require the person to keep the artificial breeding material on the land or premises for a specified period of up to 40 days.

(1A) An inspector may, in an order under subsection (1) (a), (b), (d), (e) or (f), specify a period within which the act, matter or thing required by the order shall be done or performed.

(2) The provisions of section 13 (4) apply, with appropriate modifications, to any person carrying out any work pursuant to an order under subsection (1) (c1).

(3) An inspector may, with the approval of the Director-General, extend the period for which land is declared to be a quarantine area under subsection (1) (c) for a further period (not exceeding 40 days) specified in a further notice in writing given to the owner or occupier of the land.

(3A) An inspector may, with the approval of the Director-General, extend the period for which artificial breeding material is required to be kept on land or premises under subsection (1AA) for a further period (not exceeding 40 days) specified in a further notice in writing given to the owner or occupier of the land or premises.

(4) The power conferred on an inspector by subsection (3) may not be exercised more than once in respect of any declaration.

(5) An inspector may order a person who enters or leaves a quarantine area, or who enters or leaves a vehicle, vessel or land which has been in contact with infected stock or an infected carcass or an infected thing, to disinfect the person’s clothes and footwear in such manner and within such time as the inspector may specify (but subject to any requirement prescribed by the regulations).