Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) In this
subdivision and Schedule 4C unless the contrary intention
appears —
fruit means any fruit that may host codling moth;
orchard means any land used for the growing or
cultivating or handling of fruit that may host codling moth;
the disease means the disease known as codling
moth ( Cydia pomonella ).
(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 4C 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 4C 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 a 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 4C
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 4C 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 exempt an owner or occupier from any or all of the steps and
measures specified in Schedule 4C Parts 1 and 2.
[Regulation 19E inserted in Gazette
5 Mar 1993 p. 1438-9; amended in Gazette 20 Aug 1996
p. 4054.]