Plant Diseases Regulation 2003 (NSW)

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Plant Diseases Act 1924.

Minister for Agriculture and Fisheries

1Name of Regulation

This Regulation is the Plant Diseases Regulation 2003.

2Commencement

This Regulation commences on 1 September 2003.

Note—

This Regulation replaces the Plant Diseases Regulation 1996 which is repealed on 1 September 2003 by section 10 (2) of the Subordinate Legislation Act 1989.

3Definitions(1)

In this Regulation:

the Act means the Plant Diseases Act 1924.

(2)

In this Regulation, a reference to a Form is a reference to a Form set out in Schedule 1.

4Notes

Notes in the text of this Regulation do not form part of this Regulation.

5Penalty notice offences

For the purposes of section 19 of the Act:

• (a)

  each offence created by a provision specified in Column 1 of Schedule 2 is declared to be a penalty notice offence, and

• (b)

  the prescribed penalty for such an offence is the amount specified in Column 2 of Schedule 2.

6Form of notice of intention to destroy plants

The notice to be given by the Minister under section 21 of the Act is to be in Form 1.

7Saving

Any act, matter or thing that, immediately before the repeal of the Plant Diseases Regulation 1996, was done for the purposes of, or had effect under, that Regulation is taken to be done for the purposes of, or has effect under, this Regulation.

Schedule 1Forms

(Clause 3)

Form 1

(Clause 6)

NOTICE BY MINISTER OF INTENTION TO DESTROY PLANTS IN NEGLECTED OR ABANDONED ORCHARD OR NURSERY(Plant Diseases Act 1924)

To of

IT HAS BEEN REPORTED to me by an inspector that an orchard/nursery* situated at

of which you are the owner/occupier* is neglected/abandoned* and that a disease/pest* namely:

is likely to be present in, or spread from, the orchard/nursery*.

TAKE NOTICE that I, the Minister for Agriculture and Fisheries, have decided to exercise the powers conferred on me by section 21 of the Plant Diseases Act 1924 in connection with the orchard/nursery*

Date:

Minister for Agriculture and Fisheries

*Delete whichever does not apply.

Schedule 2Penalty notice offences

(Clause 5)

Column 1	Column 2
Provision	Penalty
Section 26 (1) (a) of the Act	$200
Section 26 (1) (c) of the Act	$200
Section 26 (1) (d) of the Act	$200
Section 26 (1) (f) of the Act	$200