Plant Protection ACT

Arrangement of Sections

1. Short title.

PART I

ADMINISTRATION OF THE ACT

2. Appointment of Director-General of Agriculture.

3. Authorised officers.

PART II

PROCEDURE

4. Entry on premises for purpose of inspection.

5. Director-General or authorised office or person assisting them not to be deemed trespasser by reason of entry.

6. Power of the Director-General or authorised officer to carry out measures or execute work and expenses thereof.

PART III

QUARANTINE PESTS

7. Quarantine pests.

PART IV

APPEALS

8. Constitution of the Appeals Panel.

9. Appeals.

PART V

OFFICERS AND PENALTIES

10. Offences.

11. Offences committed by body of person.

PART VI

GENERAL

12. Regulations.

13. Repeal of Chapter 447 and savings.

14. Sinhala text to prevail in case of inconsistency.

PART VII

INTERPRETATION

15. Interpretation.

35 of 1999.

AN ACT to make provision against the introduction into Sri Lanka and the spreading therein, of any organism harmful to, or injurious to, or destructive of, plants, and for the sanitation of plants in Sri Lanka ; for the repeal of the Plant Protection Ordinance and for matters connected therewith or incidental thereto.

[Date of Commencement: 7th October, 1999]

1. Short title.

This Act may be cited as the Plant Protection Act.

PART I

ADMINISTRATION OF THE ACT

2. Appointment of Director-General of Agriculture.

The Director-General of Agriculture (hereinafter in this Act referred to as the "Director-General”) shall be in charge of general administration of this Act by performing the functions assigned or transferred to him by this Act.

3. Authorised officers.

The Director-General shall nominate such number of officers as may be necessary for the purposes of assisting him in carrying out or giving effect to the provisions of this Act, who shall be known as "authorised officers”.

PART II

PROCEDURE

4. Entry on premises for purpose of inspection.

(1) It shall be lawful for the Director-General or authorised officer having reasonable grounds therefor to enter with or without assistants, at all reasonable times, upon any premises suspected to harbour a pest or pests for the purpose of inspecting and examining whether a pest or pests exit therein, and the importer of such pest or pests or the owner or the occupier of such premises, as the case may be, shall afford all reasonable facilities for such inspection and examination. The identity of the authorised officer shall be shown to the owner or occupier of the premises, before entry into the premises.

(2) After inspection and examination referred to in subsection (1), if the Director-General or the authorised officer is satisfied that a pest or pests existing in a premises, and having regard to the nature of the pest or pests and the likelihood of its or their spread, the Director-General or the authorised officer shall communicate his decision, in writing with the reasons therefor, to the importer, or owner or occupier of such premises, as the case may be, to carry out such measures or execute such work for the prevention of spreading of such pest or pests, as may be specified in such direction.

(3) It shall be the duty of the importer of such pest or pests, owner or occupier of such premises, as the case may be, to comply with any direction made by the
Director-General or the authorised officer under subsection (2), unless such importer, owner or occupier prefers an appeal against such direction under section 9.

5. Director-General or authorised office or person assisting them not to be deemed trespasser by reason of entry.

Neither the Director-General, nor any authorised officer, or any person assisting them, shall be deemed a trespasser by reason of any entry into any premises or destruction of plant and plant products or action taken or thing done under this Act or any regulation made thereunder, or be liable to any damages or prosecution of reason of anything done or omitted to be done in carrying out any of the provisions of this Act or of any regulation made thereunder, unless the same was done or omitted to be done mala fide and without reasonable and probable cause.

6. Power of the Director-General or authorised officer to carry out measures or execute work and expenses thereof.

(1) Where any importer of any pest or pests, or owner recover the or occupier of any premises is required or directed under section 4, to carry out any measures or to execute any work in or upon any premises and if such person fails, neglects, or refuses to comply with such requirement or direction, the Director-General or an authorised officer with or without assistants may enter such premises for the purpose of carrying out such measures or executing such work.

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