Power to direct destruction or treatment of plants, etc.
21.—(1)  For the purpose of ascertaining whether any pest is present on or in any land or premises, an authorised officer may, upon serving notice in writing under the hand of the Director-General on the owner or occupier of the land or premises and upon producing, if so requested, an identification card —
(a)enter the land or premises and examine any plant, plant product, package, soil or article thereon at all reasonable times; and
(b)take, without payment, any sample of any plant, plant product or soil.
[32/98; 16/2000]
(2)  The notice referred to in subsection (1) shall be served on the owner or occupier of the land or premises at least 6 hours before the time of intended entry of the land or premises.
[32/98]
(3)  If, as a result of any examination by an authorised officer under subsection (1), it appears to the authorised officer that any land or premises or plant is in a condition favourable to the introduction or spread of any pest or that any plant is diseased, the Director-General may, by notice in writing under his hand addressed to the owner or occupier of the land or premises where that condition exists or where the plant is, direct him to take within a time to be stated in the notice such measures as may appear to the Director-General necessary or expedient for —
(a)the eradication or the prevention of the spread of any pest, either by destruction or by treatment in a manner to be specified in the notice of that plant or any plant or of any pest or of any tool or utensil used for agricultural or industrial purposes on the land or premises including the cessation of obtaining or abstracting any product from any plant on the land or premises; and
(b)the treatment of the land or premises or plant or of any tool or utensil used for agricultural or industrial purposes on the land or premises with a view to bringing them into a condition not favourable to the introduction or spread of any pest.
[32/98; 16/2000]
(4)  If the owner or occupier of any land or premises fails to comply with a notice under subsection (3) within the time stated for the performance of the acts required to be done, any authorised officer may —
(a)enter upon the land or premises to which the notice refers;
(b)cause any person authorised by him to enter with such instruments and things as are necessary; and
(c)proceed to perform all acts required by the notice,
and the costs and expenses thereof shall be recoverable as a debt due from the owner or occupier to the Authority.
[32/98; 16/2000]
(5)  Nothing in subsection (4) shall affect the liability of any person to prosecution and punishment under subsection (7).
[32/98]
(6)  Any person who obstructs or hinders the Director-General or an authorised officer in the exercise of any of his powers under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.
[32/98; 16/2000]
(7)  Any owner or occupier of any land or premises who wilfully fails to comply with the notice under subsection (3) within the time stated shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $100 for every day during which the offence continues after conviction.
[32/98]