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Formal Consolidation |  1999 RevEd
Powers of Commissioner to direct taking of measures
18.—(1)  Where it appears to the Commissioner that any premises, vessel or aircraft or anything therein is or may become favourable to the propagation or harbouring of vectors, the Commissioner may, by order in writing addressed to the owner or occupier of such premises, vessel or aircraft, direct the owner or occupier to carry out such vector control work or to take such measure, as may be specified in the order, with regard to the premises, vessel or aircraft for the treatment, destruction or removal of anything therein as may bring the premises, vessel or aircraft into a condition unfavourable to the propagation or harbouring of vectors.
(2)  The Commissioner may, in any such order, direct —
(a)that such vector control work or any other specified measure shall be commenced on or before a specified date and shall be completed within a specified period;
(b)that such vector control work or any other specified measure shall be taken at specified intervals over a specified period of time;
(c)that such vector control work or any other specified measure shall be commenced within a specified period of time and continued until such time as the premises, vessel or aircraft or anything therein is no longer favourable to the propagation or harbouring of vectors;
(d)that any work being carried out on the premises, vessel or aircraft shall be stopped either indefinitely or until such time as the vector control work or specified measure has been taken to bring the premises, vessel or aircraft into a condition unfavourable to the propagation or harbouring of vectors; or
(e)that such vector control work or any other specified measure shall be carried out by a registered vector control operator or a licensed vector control technician.
(3)  The Commissioner may, by order in writing, direct the occupier of any premises, vessel or aircraft to cover, within a specified time, and keep continuously covered any specified tank, cistern, receptacle or any manner of container in or appertaining to the premises, vessel or aircraft, so that vectors shall be unable to enter therein, and where any premises, vessel or aircraft is unoccupied, such order may be addressed to the owner thereof as if he were the occupier.
(4)  In particular and without prejudice to the generality of the powers under this section, the Commissioner may, in any such order, direct the owner or occupier of any premises to drain any land in accordance with such specifications or in such manner as he may specify in such order or to fill up inequalities in the surface thereof to a specified level so as to prevent the breeding of vectors or so as to keep the land permanently free from standing water to an extent specified in such order.
(5)  Notwithstanding subsections (1), (3) and (4), the Commissioner may, in his discretion, and if in his opinion the circumstances so warrant, himself cause any measure or work specified in those subsections to be carried out and recover the costs and expenses incurred by him from the owner or occupier of the premises, vessel or aircraft, as the case may be.
(6)  Where an order served under subsection (1) requires that any work being carried out on the premises, vessel or aircraft shall be stopped, and the owner or occupier of the premises, vessel or aircraft on whom the order was served fails to comply with such requirements, the Commissioner may make a complaint to a Magistrate’s Court.
(7)  The Magistrate’s Court may, upon application by the Commissioner, make a summary order for the ejectment of any person found carrying out or likely to carry out such work on the premises, vessel or aircraft.
(8)  Any person who is aggrieved by any order made by the Commissioner under this section may, within 3 days of such order, appeal in writing to the Minister.
(9)  Notwithstanding that any appeal under subsection (8) is pending, an order made by the Commissioner under this section shall take effect from the date stated therein, unless the Minister otherwise directs.
(10)  The Minister may, on an appeal made under subsection (8), confirm, vary or rescind the order or make any other order which the Commissioner is competent to make under this Act, and the decision of the Minister shall be final.
Informal Consolidation | Amended Act 4 of 2002
Powers of Director-General to direct taking of measures
18.—(1)  Where it appears to the Director-General that any premises, vessel or aircraft or anything therein is or may become favourable to the propagation or harbouring of vectors, the Director-General may, by order in writing addressed to the owner or occupier of such premises, vessel or aircraft, direct the owner or occupier to carry out such vector control work or to take such measure, as may be specified in the order, with regard to the premises, vessel or aircraft for the treatment, destruction or removal of anything therein as may bring the premises, vessel or aircraft into a condition unfavourable to the propagation or harbouring of vectors.
(2)  The Director-General may, in any such order, direct —
(a)that such vector control work or any other specified measure shall be commenced on or before a specified date and shall be completed within a specified period;
(b)that such vector control work or any other specified measure shall be taken at specified intervals over a specified period of time;
(c)that such vector control work or any other specified measure shall be commenced within a specified period of time and continued until such time as the premises, vessel or aircraft or anything therein is no longer favourable to the propagation or harbouring of vectors;
(d)that any work being carried out on the premises, vessel or aircraft shall be stopped either indefinitely or until such time as the vector control work or specified measure has been taken to bring the premises, vessel or aircraft into a condition unfavourable to the propagation or harbouring of vectors; or
(e)that such vector control work or any other specified measure shall be carried out by a registered vector control operator or a licensed vector control technician.
(3)  The Director-General may, by order in writing, direct the occupier of any premises, vessel or aircraft to cover, within a specified time, and keep continuously covered any specified tank, cistern, receptacle or any manner of container in or appertaining to the premises, vessel or aircraft, so that vectors shall be unable to enter therein, and where any premises, vessel or aircraft is unoccupied, such order may be addressed to the owner thereof as if he were the occupier.
(4)  In particular and without prejudice to the generality of the powers under this section, the Director-General may, in any such order, direct the owner or occupier of any premises to drain any land in accordance with such specifications or in such manner as he may specify in such order or to fill up inequalities in the surface thereof to a specified level so as to prevent the breeding of vectors or so as to keep the land permanently free from standing water to an extent specified in such order.
(5)  Notwithstanding subsections (1), (3) and (4), the Director-General may, in his discretion, and if in his opinion the circumstances so warrant, himself cause any measure or work specified in those subsections to be carried out and recover the costs and expenses incurred by him from the owner or occupier of the premises, vessel or aircraft, as the case may be.
(6)  Where an order served under subsection (1) requires that any work being carried out on the premises, vessel or aircraft shall be stopped, and the owner or occupier of the premises, vessel or aircraft on whom the order was served fails to comply with such requirements, the Director-General may make a complaint to a Magistrate’s Court.
(7)  The Magistrate’s Court may, upon application by the Director-General, make a summary order for the ejectment of any person found carrying out or likely to carry out such work on the premises, vessel or aircraft.
(8)  Any person who is aggrieved by any order made by the Director-General under this section may, within 3 days of such order, appeal in writing to the Minister.
(9)  Notwithstanding that any appeal under subsection (8) is pending, an order made by the Director-General under this section shall take effect from the date stated therein, unless the Minister otherwise directs.
(10)  The Minister may, on an appeal made under subsection (8), confirm, vary or rescind the order or make any other order which the Director-General is competent to make under this Act, and the decision of the Minister shall be final.