12/Dec/2003 - Current (at 31 Dec 2005)
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    14. Limitation on payment of compensation

    (1) Notwithstanding any other provision of this Act, compensation is not payable in respect of any grain, seed, crop or bag unless, within 2 months after the destruction of the grain, seed, crop or bag, a claim for compensation is made in that regard, by or on behalf of the owner in the manner and form prescribed.

    (2) Where

    (a) a person has been convicted of an offence under the Agriculture and Related Resources Protection Act 1976 by reason of an act or omission as a result of which grain, seed, crop or a bag becomes infested with or exposed to risk of being infested with skeleton weed; and

    (b) after the commission of the offence referred to in paragraph (a), an amount of compensation becomes payable to that person, or to a partnership of which that person is a member, in respect of the grain, seed, crop or bag mentioned in that paragraph,

    the Minister may, by instrument under his hand, direct that the whole, or such part as he thinks fit, of the amount of compensation be not paid.

    (3) Subject to the direction of the Minister, no compensation is payable under section 13 in respect of a destroyed crop if, at the time of the destruction

    (a) the land on which the crop was growing was quarantined under the Agriculture and Related Resources Protection (Property Quarantine) Regulations 1981 made under the Agriculture and Related Resources Protection Act 1976;

    (b) a written direction had been given under that Act to the occupier or owner of that land requiring him to harvest that land in a specified time and manner; and

    (c) the owner or occupier had not complied with that direction.

    [Section 14 amended by No. 27 of 1982 s. 6; No. 39 of 1995 s. 4.]



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.