Agriculture and Related Resources Protection (Property Quarantine) Regulations 1981

14/Sep/2001 - Current (at 31 Dec 2005)
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    7. Approval for movement

    (1) Where a person wishes to move any thing from quarantined land but to do so would not be in accordance with the property quarantine notice applying to the land and there is no general exemption under regulation 9 pursuant to which the thing could be moved, that person may apply to an inspector or authorised person for approval under this regulation to move the thing.

    (2) An application for approval under this regulation shall state

    (a) the date of the property quarantine notice;

    (b) the description of the quarantined land;

    (c) the declared plants or declared animals by reason of the presence, or suspected presence, of which the land is under quarantine;

    (d) the description and quantity of the thing proposed to be moved;

    (e) the time when and the place to which, the thing is proposed to be moved;

    (f) where property in the thing is to be disposed of, the name, address and occupation of the person to acquire the property;

    (g) the use to which the thing is proposed to be put; and

    (h) the proposed method of transportation and precautions to be adopted to prevent the spread of the declared plants, or declared animals, as the case may be.

    (3) An inspector or authorised person to whom application is made for approval under this regulation may

    (a) request that such further information be provided as may appear to him to be relevant;

    (b) grant approval in the terms of the application;

    (c) where he sees fit, grant approval on such conditions as to him appear appropriate for the purposes of the Act;

    (d) reject the application.

    (4) Without limiting the other types of conditions that may be imposed in granting approval under this regulation, such approval may be granted subject to a condition

    (a) that the thing to which the approval relates be marked, labelled or otherwise identified in a manner specified in the approval;

    (b) where the property quarantine notice was given by reason of the presence, or suspected presence, of declared plants, that any animals or things specified in the approval, or of a class specified in the approval, be inspected in the manner specified in the approval and, where they are found to, or it appears that they are likely to, carry or contain prohibited material or declared plants, they be subjected to cleansing treatment specified in the approval or be disposed of in a manner so specified.

Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.