21/Dec/2001 - Current (at 31 Dec 2005)
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    12. Minister may declare certain areas to be infected

    (1) The Minister may by notice published in the Government Gazette and in a newspaper circulating in the area specified in such notice, declare that any portion of the State defined in such notice is infested with disease of the kind mentioned in such notice, and may at any time thereafter by notice published similarly to the first-mentioned notice cancel such first-mentioned notice.

    (2) Upon the publication of such notice, and while the same continues in operation, the owner or occupier of every orchard situate within the area defined in the notice shall take, or cause to be taken such steps, and adopt or cause to be adopted, such measures as are prescribed as appropriate steps to be taken and measures to be adopted in order to control and eradicate the disease mentioned in the notice and to prevent the spread thereof, notwithstanding that such disease may not then exist or appear to exist in the orchard of such owner or occupier.

    (2a) Where an owner or occupier contravenes subsection (2), an inspector may at any time, with or without assistants, enter an orchard referred to in subsection (2) and take any of the steps and measures prescribed under subsection (2) in order to control and eradicate disease and prevent the spread of disease.

    (2b) The expenses of or incidental to any action taken by an inspector under subsection (2a) are recoverable from the person guilty of the breach in any court of competent jurisdiction.

    (3) Any person who fails or neglects to comply in every respect with the provisions of subsection (2) shall be guilty of an offence.

    Penalty: $5 000.

    [Section 12 4 inserted by No. 10 of 1935 s. 3 as s. 8B; amended by No. 22 of 1966 s. 4; No. 55 of 1981 s. 12; No. 51 of 1984 s. 11; No. 40 of 1993 s. 8.]



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.