Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Where the Director
General considers that an orchard or any part of an orchard is neglected the
Director General may report to the Minister who may —
(a)
serve notice on the owner or occupier of the orchard ordering the removal of
the neglected plants; or
(b)
order the immediate removal of the neglected plants by the Director General.
(2) Where an owner or
occupier fails to comply with a notice served under subsection (1)(a),
within the time prescribed in the notice, the Minister may order the
destruction of the neglected plants forthwith.
(3) The Director
General may direct that the owner or occupier of the orchard in which plants
are destroyed under the authority of and in accordance with this section is
liable for the payment of the whole or any part of any expenses incurred in
connection with the destruction of the plants.
(4) The whole or part
of any expenses referred to in a direction under subsection (3) are
recoverable from the owner or occupier, as the case may be, in any court of
competent jurisdiction.
(5) The owner or
occupier who receives a notice under subsection (1)(a) may, within the
time specified in the notice, apply to the State Administrative Tribunal for a
review of the order.
[(6) deleted]
(7) The making of an
application under subsection (5) operates to stay any action by the
Minister under subsection (2).
(8) For the purposes
of this section an orchard is deemed to be a neglected orchard where the
Director General certifies in writing that the plants growing in the orchard
or part of the orchard are likely to spread disease.
[Section 22 inserted by No. 40 of 1993
s. 13; amended by No. 55 of 2004 s. 946.]