Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) In this
subdivision and Schedule 4B unless the contrary intention
appears —
orchard means any land used for the growing or
cultivating of apples;
the disease means the disease known as apple scab
( Venturia inaequalis ).
(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 4B 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 4B Part 1 commits an offence unless the non-compliance is
authorised by an exemption under subregulation (8).
Penalty: $5 000.
(5) Where the disease
is the subject of a notice under section 12 of the Act and an orchard is
in an area defined in the notice the owner or occupier of the orchard shall
take and adopt the steps and measures specified in Schedule 4B
Part 2 or cause those steps and measures to be taken and adopted.
(6)
Subregulation (5) has effect whether or not the disease exists or appears
to exist in the orchard.
(7) An owner or
occupier referred to in subregulation (5) who fails to comply with
Schedule 4B Part 2 commits an offence unless the non-compliance is
authorised by an exemption under subregulation (8).
Penalty: $5 000.
(8) 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 4B Parts 1 and 2.
[Regulation 19B inserted in Gazette
25 May 1990 p. 2379; amended in Gazette 20 Aug 1996
p. 4054.]