Part 6Administrative provisions
Place and area controls
130Declaration of restricted place
If an inspector or authorised person believes or suspects on reasonable grounds that a pest or unwanted organism is or has been in a place, the inspector or authorised person may, by notice given in accordance with subsections (2) and (3), declare that place and any other place in the neighbourhood the inspector or authorised person considers necessary to be a restricted place.
A notice shall be in a form approved for the purpose by a chief technical officer, a principal officer, or a management agency.
A notice shall be given by serving a copy on the occupier of each place included in the area of the restricted place except that—
- a copy need not be served on the occupier of any part of the place if the inspector or authorised person cannot with reasonable diligence discover an occupier of that place who can be found quickly; and
- notice may be given publicly if it is impractical to give notice in accordance with the preceding provisions of this subsection.
While a notice under subsection (1) is in force, no person shall, without the permission of an inspector or authorised person,—
- remove—from the place to which the notice relates; or
- any organism, organic material, or risk goods; or
- any other goods that may have been in contact with any organism, organic material, or risk goods,—
- any organism, organic material, or risk goods; or
- introduce any goods of any kind to the place.
Where the agent or employee of an occupier to whom a notice has been given under subsection (1) acts in breach of subsection (4), that action is deemed to be an action of the occupier unless the occupier had given a copy of the notice under subsection (1) to that agent or employee before the agent or employee breached subsection (4).
An inspector or authorised person may, at any time while the declaration of a restricted place is in force, direct that specified organisms, risk goods, or other goods in the restricted place must be—
- isolated, confined, or stored in such manner as the inspector or authorised person directs:
- identified in a manner specified in the direction, or with an identification applied by the inspector or authorised person.
Compare
- 1967 No 50 s 29
Notes
- Section 130(1): replaced, on , by section 89(1) of the Biosecurity Amendment Act 1997 (1997 No 89).
- Section 130(2): amended, on , by section 89(2) of the Biosecurity Amendment Act 1997 (1997 No 89).
- Section 130(4A): inserted, on , by section 89(3) of the Biosecurity Amendment Act 1997 (1997 No 89).
- Section 130(5): replaced, on , by section 22 of the Biosecurity Amendment Act 2003 (2003 No 38).