PLANT HEALTH ACT (NORTHERN IRELAND) 1967 - SECT 4 Execution of Act by Government departments.

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PLANT HEALTH ACT (NORTHERN IRELAND) 1967 - SECT 4

Execution of Act by Government departments.

4.(1) Orders under this Act may empower any inspector authorised by
the Ministry

(a)in the case of any specified pest which has been introduced into Northern
Ireland, to take the following action, that is to say

(i)to remove or destroy, or cause to be removed or destroyed, any crop, or any
seed, plant or part of a seed or plant, which has on it or is infected with
the pest, or to or by means of which the pest is likely to spread; and

(ii)generally to take such steps as he may think expedient in connection with
any crop, or any seed, plant or part of a seed or plant, for preventing the
spread of the pest;

(b)to enter on any land [or elsewhere] for the said purposes, or for the
purpose of any examination or inquiry authorised by the orders, or for any
other purpose of the orders;

(2) The Ministry may pay compensation to be ascertained in accordance with
subsection (3) in respect of any crop, or any seed, plant or part of a seed or
plant, which is removed or destroyed by or under the instructions of an
inspector authorised by the Ministry.

(3) For the purpose of ascertaining the compensation payable under subsection
(2), the value of the crop or of the seed, plant or part of a seed or plant
shall in each case be taken to be its estimated value if harvested and
marketed under normal conditions in an average year after deducting the
estimated cost of such harvesting and marketing to the owner, and the Ministry
may, if it thinks fit, require such value to be ascertained by its officers or
by arbitration.

(4) The Ministry may, if it thinks fit, withhold compensation if, in relation
to the crop or the seed, plant or any part of a seed or plant, the owner or
the person having charge thereof has, in the opinion of the Ministry, done
anything in contravention of, or failed to do anything in compliance with, any
order under this Act.

(5) The expenses of the Ministry in the execution of this Act, including any
compensation under subsection (2), shall be paid out of moneys provided by
Parliament, but shall not without the consent of the Ministry of Finance
exceed #250 in any year.

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Northern Irish Legislation

PLANT HEALTH ACT (NORTHERN IRELAND) 1967 - SECT 4