Part 5Pest management
Regional pest management plans
73Fourth step: approval of preparation of plan and decision on management agency
If the council is satisfied as required by section 72(1) and is satisfied that the issues raised in all the consultation undertaken on the proposal have been considered, the council may take the fourth step in the making of a plan, which is to approve the preparation of a plan.
If the council approves the preparation of a plan, the council must apply section 100 to decide which body is to be the management agency.
A plan must specify the following matters:
- the pest or pests to be eradicated or managed:
- the plan's objectives:
- the principal measures to be taken to achieve the objectives:
- the means by which the achievement of the plan's objectives will be monitored or measured:
- the sources of funding for the implementation of the plan:
- the limitations, if any, on how the funds collected from those sources may be used to implement the plan:
- the powers in Part 6 to be used to implement the plan:
- the rules, if any:
- the rules, if any, that are good neighbour rules:
- the management agency:
- the actions that local authorities, local authorities of a specified class or description, or specified local authorities may take to implement the plan, including contributing towards the costs of implementation:
- the portions of road, if any, adjoining land covered by the plan and, as authorised by section 6, also covered by the plan:
- the plan's commencement date and termination date:
- any matters required by the national policy direction.
A plan—
- may provide for the payment of compensation for losses incurred as a direct result of the implementation of the plan:
- must not provide for the payment of compensation for the following losses:
- loss suffered because a person's income derived from feral or wild organisms is adversely affected by the implementation of the plan:
- loss suffered before an inspector or authorised person establishes the presence of the pest on the place of the person suffering the loss:
- loss suffered by a person who fails to comply with the plan.
- loss suffered because a person's income derived from feral or wild organisms is adversely affected by the implementation of the plan:
A plan may include rules for all or any of the following purposes:
- requiring a person to take specified actions to enable the management agency to determine or monitor the presence or distribution of the pest or a pest agent:
- requiring a person to keep records of actions taken under the rules and to send to the management agency specified information based on the records:
- requiring the identification of specified goods:
- prohibiting or regulating specified methods that may be used in managing the pest:
- prohibiting or regulating activities that may affect measures taken to implement the plan:
- requiring audits or inspections of specified actions:
- specifying, for the purposes of section 52(a), the circumstances in which the pest may be communicated, released, or otherwise spread:
- requiring the occupier of a place to take specified actions to eradicate or manage the pest or a specified pest agent on the place:
- requiring the occupier of a place to take specified actions to eradicate or manage the habitat of the pest or the habitat of a specified pest agent on the place:
- prohibiting or regulating specified activities by the occupier of a place if the activities are of the kind that would promote the habitat of the pest on the place:
- requiring the occupier of a place to carry out specified activities to promote the presence of organisms that assist in the control of the pest on the place:
- prohibiting or regulating specified activities by the occupier of a place, which deter the presence on that place of organisms that assist in the control of the pest:
- requiring the occupier of a place to carry out specified treatments or procedures to assist in preventing the spread of the pest:
- requiring the owner or person in charge of goods to carry out specified treatments or procedures to assist in preventing the spread of the pest:
- requiring the destruction of goods if the goods may contain or harbour the pest or otherwise pose a risk of spreading the pest:
- prohibiting or regulating specified uses of goods that may promote the spread or survival of the pest:
- prohibiting or regulating the use or disposal of organic material:
- prohibiting or regulating the use of specified practices in the management of organisms that may promote the spread or survival of the pest:
- prohibiting or regulating the movement of goods that may contain or harbour the pest or otherwise pose a risk of spreading the pest.
A rule may—
- apply generally or to different classes or descriptions of persons, places, goods, or other things:
- apply all the time or at 1 or more specified times of the year:
- apply throughout the region or in a specified part or parts of the region with, if necessary, another rule on the same subject matter applying to another specified part of the region:
- specify that a contravention of the rule creates an offence under section 154N(19).
Notes
- Section 73: replaced, on , by section 39 of the Biosecurity Law Reform Act 2012 (2012 No 73).