13. Assessment of compensation

    (1) Subject to this Act, where in pursuance of any power exercised under the Agriculture and Related Resources Protection Act 1976 or Plant Diseases Act 1914, any grain, seed, crop or bag is destroyed because of the presence of

    (a) skeleton weed; or

    (b) a plant disease,

    therein or therewith the owner of the grain, seed, crop or bag is entitled to compensation as determined by this Act in respect of the value of the grain, seed, crop or bag at the time of its destruction.

    (2) Subject to this section the value of grain, seed, crop or a bag for the purposes of this Act shall be determined by agreement between the owner and the Protection Board.

    (3) When assessing the value of grain, seed, crop or a bag for the purposes of subsection (1) the compensation payable shall not be reduced by reason only of the presence of

    (a) skeleton weed; or

    (b) a plant disease,

    in or with the grain, seed, crop or bag.

    (4) Before the destruction of any grain or seed under any, power conferred by the Agriculture and Related Resources Protection Act 1976 or Plant Diseases Act 1914, the inspector and the grower shall each take a sample of the grain or seed to be destroyed and in the event of a dispute as to the value of the grain or seed the samples so taken shall be forwarded to the Department for an assessment of the value of the grain or seed by an officer appointed for that purpose by the Director.

    (5) The decision of the officer referred to in subsection (4) is final.

    (6) In the event of a dispute as to the value of a crop or bag destroyed under any power conferred by the Agriculture and Related Resources Protection Act 1976 or Plant Diseases Act 1914 the owner or the Protection Board may apply to the State Administrative Tribunal for a determination of the value.

    [Section 13 amended by No. 27 of 1982 s. 5; No. 53 of 1996 s. 12; No. 55 of 2004 s. 948.]



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.