22. Power to destroy plants in neglected orchards

    (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    [(6) repealed]

    (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.]



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.