Victorian Consolidated Legislation

Livestock Disease Control Act 1994 - SECT 27

Permits for activity in restricted area

27. Permits for activity in restricted area



(1) A person who knows, or has reason to believe, that any land, premises,
place or area has been declared to be a restricted area must not-

   (a)  cause or permit the movement of any livestock, livestock product,
        fodder, fittings or vehicle to which the declaration of the restricted
        area applies into, within or from that area; or

   (b)  cause or permit the movement of any vehicle carrying, or of a type
        normally used for the carrying of, any livestock, livestock product,
        fodder or fittings to which the declaration of the restricted area
        applies into, within or from that area; or

   (c)  contravene any prohibition, restriction or requirement specified in
        the order which declared the restricted area-

unless the person is authorised to do so under a permit issued by an inspector
and complies with any conditions set out in the permit. Penalty: 360 penalty
units or 36 months imprisonment or both.

(1A) A person who-

   (a)  causes or permits the movement of any livestock, livestock product,
        fodder, fittings or vehicle specified in an order under section 26
        into, within or from, any land, premises, place or area declared to be
        a restricted area under that order; or

   (b)  causes or permits the movement of any vehicle carrying, or of a type
        normally used for the carrying of, any livestock, livestock product,
        fodder or fittings specified in an order under section 26 into, within
        or from, any land, premises, place or area declared to be a restricted
        area under that order; or

   (c)  contravenes any prohibition, restriction or requirement specified in
        an order under section 26 declaring any land, premises, place or area
        to be a restricted area-

where that person is not liable for an offence under subsection (1) in respect
of doing so, is guilty of an offence and liable to a penalty not exceeding 60
penalty units.

(1B) Subsection (1A) does not apply if the person is acting under a permit
issued by an inspector and the person complies with any conditions set out in
the permit.

(2) An inspector may issue a permit for the purposes of this section-

   (a)  subject to any conditions; and

   (b)  to be effective for any period of time-

that the inspector specifies in the permit.

(3) Without limiting subsection (2), an inspector may issue a permit subject
to the condition that the holder of the permit, or the livestock, livestock
product, fitting or vehicle to which the permit relates is effectively
disinfected to the satisfaction of the inspector and in a manner specified by
the inspector, before leaving or being taken out of the restricted area.

(4) An inspector may revoke or vary a permit at any time by notice in writing
to the holder.

(5) If a permit given under this section is revoked the holder must, upon
request by an inspector, immediately deliver the revoked permit to the
inspector.