Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) In this
subdivision and Schedule 4A unless the contrary intention
appears —
associated orchard means any other orchard
operated by the occupier of an orchard referred to in subregulation (3);
orchard means any land used for the growing or
cultivating of potatoes;
the disease means the disease known as potato cyst
nematode ( Globodera rostochiensis ).
(2) Section 11 of
the Act applies to the disease.
(3) The occupier of an
orchard where the disease exists or appears to exist shall take and adopt the
steps and measures specified in Schedule 4A Part 1 or cause those
steps and measures to be taken and adopted.
(4) An occupier
referred to in subregulation (3) who fails to comply with
Schedule 4A Part 1 commits an offence unless the non-compliance is
authorised by an exemption under subregulation (10).
Penalty: $5 000.
(5) The occupier of an
orchard referred to in subregulation (3) who operates an associated
orchard shall comply with the steps and measures specified in Schedule 4A
Part 1, clause 10 in order to prevent the spread of the disease.
(6) An occupier
referred to in subregulation (5) who fails to comply with
Schedule 4A Part 1, clause 10 commits an offence unless the
non-compliance is authorised by an exemption under subregulation (10).
Penalty: $5 000.
(7) Where the disease
is the subject of a notice under section 12 of the Act the owner or
occupier of an orchard in an area defined in the notice shall take and adopt
the steps and measures specified in Schedule 4A Part 2 or cause
those steps and measures to be taken and adopted.
(8)
Subregulation (7) has effect whether or not the disease exists or appears
to exist in the orchard.
(9) An owner or
occupier referred to in subregulation (7) who fails to comply with
Schedule 4A Part 2 commits an offence unless the non-compliance is
authorised by an exemption under subregulation (10).
Penalty: $5 000.
(10) An inspector may
by notice upon receipt of a written request from an owner or occupier exempt
the owner or occupier from any or all of the steps and measures specified in
Schedule 4A Part 1 or 2.
[Regulation 19 inserted in Gazette
25 May 1990 p. 2378.]