Destructive Pests

Orders to Control

The Destructive Insects and Pests (Consolidation) Act, 1958 provides for measures to deal with prevention and control of destructive insects or pests and for the biological control of plant pests.

Crops cover agricultural crops as well as trees, bushes, seeds, plants and every part thereof.  Destructive insects include insects destructive to crops, fungi and other pests, bacteria or other vegetable or animal organisms which cause a transmissible crop disease or agents which cause transmissible crop disease.

The Minister may make orders as he thinks fit to prevent the introduction into the State of any destructive insect or pest or any agent for the biological control of plant pests. It may prohibit or regulate the landing of any article or articles which appear likely to introduce any destructive insect or pest or agent for their biological control.  He may direct and authorise the destruction of such articles, if landed.

The 1991 Act defines the powers of the Minister.  It strengthens the procedures in respect of enforcement and raises the penalties in respect of noncompliance.

Prevention and Removal

The Minister may make orders to prevent the spreading in the State of destructive insects or pests or agents for the biological control of plant pests.  The Minister may direct and authorise the removal or destruction of any crop or substance on which is found any destructive insect or pest at any stage of its existence or any agent for the biological control of plant pests or through or by means by which any such destructive insect or pest or agent may appear likely to spread.

The Minister may direct or authorise the entry into lands for the purpose of such removal or destruction or the purpose of examination or inquiry authorised by the order.  The Minister may prohibit the keeping and selling or exposing for sale or distribution of any living specimens of any destructive insect or pests at any stage of its existence or any agent for the biological control of plant pests.

The order may empower inspectors authorised to do all of the following:

• remove or destroy crops infected with any destructive insect or pest or biological agent that or by means of which the destructive agent or pest or biological agent is likely to spread;
• generally to take such steps as he may think expedient in connection with any crop for preventing the spread of such insects, pests or biological agents;
• entry into the land for the purposes aforesaid for examination and inquiry purposes.

The Minister may impose in respect of any certificate to be given pursuant to the order, fees or charges as may be prescribed.  He may impose penalties for failure to comply including penalties for first, second and subsequent offences.

Compensation

Whenever crops ares removed or destroyed under instructions by or under the instructions of an inspector authorised by the Minister for the purpose of protection from disease, destructive insect, pest or agent, the Minister may pay the owner compensation in respect of destruction and removal.

The amount of the compensation shall be assessed at such amount as the Minister considers reasonable.  If the owner is dissatisfied, he may by notice in writing refer the matter to arbitration, which is to determine the matter.

Potatos

Whenever in a particular district, an order is made for the protection of crops from a destructive pest or biological agent, the Minister may serve on an owner of a potato crop planted in that district, a notice requiring him to spray such potato crop with the prescribed spraying mixture in the prescribed manner.

The Minister may cause the crop to be sprayed, if the order is not complied with, for that purpose an inspector may enter the land and the cost of such spraying may be recovered.