Part 5Pest management
Funding from rates
100VRegional council may declare small-scale management programme
A regional council may declare a small-scale management programme consisting of—
- small-scale measures to eradicate or control an unwanted organism; and
- provisions for compensation for losses caused by the programme.
The council may declare the programme if satisfied that—
- an unwanted organism present in the region could cause serious adverse and unintended effects unless early action is taken to control it; and
- the organism can be eradicated or controlled effectively by small-scale measures within 3 years of the measures starting, because—
- its distribution is limited; and
- technical means to control it are available; and
- its distribution is limited; and
- the programme is not inconsistent with the national policy direction; and
- the process requirements in the national policy direction for declaring the programme, if there were any, were complied with; and
- the taking of the measures and, if necessary, payment of compensation is likely to cost less than an amount prescribed for the purposes of this section by the Governor-General by Order in Council; and
- the taking of the measures is unlikely to result in significant monetary loss to any person, other than a person who has contributed to the presence or spread of the organism by failing to comply with biosecurity law.
The council may—
- include in the programme provision for a person other than the council to take steps to bring an organism under control; and
- meet all or some of the costs to the person of taking the steps.
The council declares the programme by giving public notice in a manner appropriate to the distribution of the organism and the persons likely to be affected by the programme.
The public notice must specify—
- the unwanted organism that is the subject of the programme; and
- the objectives of the programme; and
- the powers to be exercised under Part 6 to implement the programme.
A programme ceases to have effect on the occurrence of the earliest of the following:
- the regional council declares by public notice that the programme is failing to control the organism:
- the regional council declares by public notice that the organism has been eradicated or controlled:
- 5 years have passed after the declaration of the programme.
Notes
- Section 100V: inserted, on , by section 39 of the Biosecurity Law Reform Act 2012 (2012 No 73).