Western Australian Consolidated Regulations

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ENZOOTIC DISEASES REGULATIONS 1970 - REG 11

11 .         Quarantining of stock

        (1)         Subject to this regulation, an inspector has power, with respect to stock or land not then declared to be in quarantine — 

            (a)         where the stock is not travelling stock, to serve on the owner of the stock or on the owner of the land on which the stock is situated, a notice in the form of Form No. 1 declaring the stock and the land specified in the notice to be in quarantine; or

            (b)         where the stock is travelling stock, to serve on the person who appears to be in charge of the stock a notice declaring the stock to be in quarantine and directing that person either to hold the stock or move the stock directly to a place of quarantine nominated by the inspector and there to hold the stock until it is released from quarantine or until he is subsequently directed otherwise by an inspector,

                and where an inspector serves a notice under paragraph (a) or (b), he shall forthwith give notice thereof to the Chief Inspector.

        (1a)         An inspector — 

            (a)         shall exercise the power in subregulation (1) if he is of the opinion, whether because of his own examination or because of a report by another inspector, a veterinary surgeon or any other person who has been consulted regarding the stock or land in question, that a disease specified in Schedule 1 Division 1, 2 or 3 exists among that stock or on that land;

            (b)         may exercise the power in subregulation (1) if he is of the opinion, whether because of his own examination or because of a report from any source, whether a person consulted regarding the stock or land in question or otherwise, that a disease specified in Schedule 1 Division 1, 2 or 3 may exist, or a disease specified in Schedule 1 Division 4 or 5 does exist, among that stock or on that land; and

            (c)         may, with the prior approval of the Chief Inspector, exercise the power in subregulation (1) in relation to a disease that — 

                  (i)         affects the stock in question or is suspected by the inspector of affecting that stock or of existing on the land in question; and

                  (ii)         having been investigated by a veterinary surgeon, is not identified but appears not to be an exotic disease.

        (1b)         An inspector shall not exercise the power in subregulation (1) in relation to the existence or suspected existence, as the case may require, of a disease specified in Schedule 1 Division 3 among any stock, or on any land, in any part of the State declared to be an infected area under regulation 41.

        (2)         The Chief Inspector may, on receipt of a notice of a declaration under subregulation (1)(a) or (b), cause particulars of the declaration to be published in the Government Gazette and in any newspaper circulating in the district in which stock or land affected by the declaration is kept or situated.

        (2a)         The Chief Inspector may, for the purpose of assisting the eradication or control of disease, disclose the disease status of stock and whether or not a property is under quarantine.

        (3)         An inspector may, at any time he considers it is safe to do so, having regard to the control of disease within the State, release from quarantine any stock or land and thereupon he shall give notice of the release to the owner thereof in the form of Form No. 2.

        (4)         Any stock, howsoever coming upon land during the period that the land is declared to be in quarantine, shall thereupon be subject to these regulations as if that stock were the subject of a declaration under subregulation (1) or (1a).

        [Regulation 11 amended in Gazette 3 Oct 1975 p. 3813‑4; 18 Feb 1977 p. 532; 22 Aug 1986 p. 3009; 19 Dec 1986 p. 4942; 16 Oct 1987 p. 3924; 4 Mar 1997 p. 1357; 14 Jun 2005 p. 2588.]



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