Agricultural Pests Act, 1983 (Act No. 36 of 1983)

Regulations

Control Measures

2. Prohibition relating to the occurrence and removal of certain pathogens and insects

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(1) No user of land who is the owner or occupier of a nursery shall—
(a) keep any pathogen specified in Table 1 or any insect specified in Table 2 on the premises of such nursery;
(b) keep, plant or cultivate any plant on the premises of such nursery unless such  plant is—
(i) visually free of the pathogens specified in Table 1; and
(ii) free from the insects and pathogens specified in Table 9, and visually free from the insects specified in Table 2; or
(c) keep any infectious thing on the premises of such nursery unless such infectious thing is free of the pathogens specified in Table 1 and the insects specified in Table 2.

 

(2) No user of land shall remove any plant from any land within the Republic to any other land within the Republic unless such plant is—
(a) visually free of the pathogens specified in Table 1;
(b) free from the insects and pathogens specified in Table 9, and visually free from the insects specified in Table 2.

 

(3) No user of land shall remove any infectious thing from any land within the Republic to any other land within the Republic unless such infectious thing is free of the pathogens specified in Table 1 and the insects specified in Table 2.

 

(4) No user of land shall remove any plant or plant product infested or infected, or suspected to be infested or infected, by a prohibited pathogen or insect listed in Table 1, 2 or 9 from any land where the prohibited pathogen or insect listed in Table 1, 2 or 9 occurs or is suspected to occur: Provided that when there is suspicion of infestation or infection, prohibition of movement can only occur when there is good reason to suspect that a plant or plant product may be infested or infected: Provided further that prohibition of movement can only persist in the absence of evidence that the plant or plant product is free from pests.

 

(5) No user of land shall remove any plant or plant product from any area within the Republic demarcated by the authority where a prohibited pathogen or insect listed in Table 1, 2 or 9 occurs, unless the movement is authorized by means of a permit or the plant or plant product is certified by the authority as free from the insect or free from the pathogen, or unless such plant or plant product does not act as a pathway to transmit or spread a prohibited pathogen or insect in Table 1, 2 or 9.

 

(6)No user of land shall remove any plants or plant products from any quarantine area within the Republic without authorization.

[Control measure 2(6) inserted by section 3 of Notice No. R. 1271, GG 41257, dated 17 November 2017]