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Plant Quarantine Act (Cap. 433) Consolidated

CHAPTER 433

PLANT QUARANTINE ACT

To prevent the introduction into Malta of plant pests and diseases, to control and check the spread thereof and to provide for other matters incidental and ancillary thereto.

1st September, 2001

Act XVIII of 2001, as amended by Act III of 2004; Legal Notice 426 of

2007; and Act V of 2011.

PART I

Preliminary

1. The short title of this Act is Plant Quarantine Act.

2. (1) In this Act and in any regulations made thereunder, unless the context otherwise requires -

" a uthorise d of fic e r" means an of ficer of the Police forc e, Customs Department, Postal Services or Plant Health Service or any other person authorised by the Director in writing to enforce or implement any provision of this Act;
"beneficial organism" mean s any organism , including fungi, b a cteri a , viru ses, v i ru s- lik e or gan i sms, in vertebrate o r ot her anim als, which is declared in writing by the Minister, aft e r consultation with the Minister responsible for the protection of the envi ro nm ent , to be ben e fi cial to M a lte s e flora or agricultural production;
"certification scheme" means a method of growing, monitoring and testing of plants to ensure that they are free from particular pests and diseases;
"Con ven tio n" mean s t h e Int e rnational Plant Protection Convention, signed in Rome on the 6th December 1951 as amended or with any other convention prescribed by the Minister from time to time;
"conveyance" mean s any v e ssel , aircraft, hovercraft, train, vehicle, cart, container, animal or other thing which can convey plant material, plant pests, beneficial organisms or soil from one place to another;
"Departm ent " m e ans the Department responsible for pl ant health;
"designated point of entry" means a port, airport, post office or o t her p l ace design at ed by the Ministe r as a plac e where the importation of plant material is permitted, and includes a freeport as defined in the Malta Freeports Act;
"Director" means the Director responsible for the Department an d includ es, to t h e extent of the aut horit y given, any o ffi cer authorised by him, in writing, to act in that behalf for any of the purposes of this Act;

Short title. Interpretation.

Amended by:

III. 2004.54;

V. 2011.38.

Cap. 334.

"importer" includes anyone who, whether as owner, consignor, consignee, agent, broker or otherwise, is in possession of or in any way entitled to t h e custody of any p l ant material, plant pest, beneficial organism, soil or packaging landed or likely to be landed in Malta from another country;
"inspector" means any inspector appointed under article 26 and any other officer of the Plant H e alt h Service or other person designated as such in writing by the Director from time to time;
''Malta'' has the same meaning as is assigned to it by article 124 of the Constitution of Malta;
"Minister" means the Minister responsible for Agriculture, and includes, to the extent of the authority given, any officer authorised by him, in writing, to act in that behalf for any of the purposes of this Act;
"packing material" means any material used to pack, contain or keep plant material, beneficial organisms, soils or plant pests;
"phytosanitary certificate" m eans a certificate relating to the phytosanitary condition and origin of a consignment of plants and, or, plant products prepared and issued in accordance with t h e Convention;
"Plant Health Service" means the office empowered to carry out plant health inspections and examinations and to implement the provisions of this Act;
"p lan t ma terial " i n cl ude s an y p l an t, p l an t part, propa gat i ve material, or plant product which can be affected by, or harbour, a plant pest;
"p lant pest " m eans an y form of pl ant or ani m al li fe or any pathogeni c agent, other than a beneficial organism, capa ble of dir e ctl y o r i ndi rect ly inj u ri ng an y p l ant material or beneficial organism, and includes genetically modified plant pests and weeds;
"p lan t prod uct" m eans any u nm anufactured material of plant origin and those manufactured products which, by their nature or that of their processing, may create a risk of plant pests spreading;
"planting" means any operation whereby plants are placed in such a way as to ensure their growth, reproduction or propagation;
"plants" means living plants and living parts thereof, including seeds, fruits and vegetables (except frozen), underground parts of plants, cut flowers, branches, trees with foliage and tissue cultures;
"propagative material" means any living plant or part of a living plant, used or intended for propagation, including a seed, corm, cutting, bud, rhizome or plant tissue culture;
"quarantine station" means an official station designated by the Minister as a place whe r e pla n t material may be confined for phytosanitary inspection, observation, testing or research;
"soil" means any medium capable of sustaining plant life including earth, water, compost or clay but excluding any medium which is sterile or incapable of harbouring or transmitting plant pests;
"treatment" means any appropriate process, including the use of chemicals, heat or low pressu r e , fo r ensur i ng th e rem o v a l, sterilisation or killing of a plant pest.
(2) For the purposes of this Act the terms "import" and "export" shall not include the introduction of a thing into Malta or the t aking o ut of a thing fr om Malta, from or to respectively, a member state of the European Union, or to such extent as may be prescribed from or to such state as the Minister may prescribed, being a state forming part of the European Economic Area or a state having similar arrangements with the European Union.

PART II

Administration

3. (1) The Director shall be responsible for the Plant Health

Service and to administer and enforce the provisions of this Act.
(2) The Plant Health Service shall -
(a) inspect growing plants, areas under cultivation, and plants and plant products in storage or locally in transit, in order to report the existence, outbreak and spread of plant pests and to control plant pests;
(b) in respect of consignments of plant materials moving in international traffic -
(i) inspect the said consignments and, where appropriate, inspect consignments of other articles and commodities moving in international traffic under conditions where they may act incidentally as carriers of plant pests;
(ii) inspect and supervise storage and transport facilities of any kind, particularly with the object of preventing the dissemination of plant pests across national boundaries;
(iii) disinfest or disinfect consignments of plants and plant products, as well as their containers, packaging, storage places or transport facilities;
(c) determine the percentage of inspection checks to be carried out;
(d) issue phytosanitary certificates or plant passports;
(e) authorise nurseries to issue plant passports in accordance with regulations prescribed under this Act;
(f) periodically update and disseminate lists of plant material, plant pests and beneficial organisms the importation of which into Malta is prohibited or restricted;
(g) distribute information within Malta about pests of plants and plant products and how to prevent and control them;
(h) promote integrated pest management and control in
Malta;

Plant Health

Service.

Plant Protection

Board.

Amended by:

V. 2011.39.

Plant Certification

Schemes.

(i) conduct research and surveys in the field of plant protection;
(j) administer and enforce the provisions of this Act; and
(k) attend to such matters as the Director may prescribe.
4. (1) The Plant Protection Board shall consist of: (a) a Chairman to be appointed by the Minister;
(b) four members, to be appointed by the Minister, at least
one of whom shall be a farmer ’s representative;
(c) the Director, or his representative; and
(d) a representative from the University of Malta, and a representative from the Public Health Department, the Department of Environment, the Malta Standards Authority, the Occupational Health and Safety Authority, the Department of Agriculture and the Malta Resources Authority.
(2) The Minister shall designate an officer of the Department to act as Secretary of the Board.
(3) The Board shall regularly review the state of plant quarantine in Malta on the formulation of policies in this regard, an d ad vi se th e Mi ni ster o n an y mat t ers wit h wh ich t h i s Act is concerned, particularly with respect to:
(a) the promulgation of regulations under this Act and matters arising from the application of any such regulations;
(b) the declaration of any plant pest as a notifiable plant pest pursuant to article 20;
(c) the phytosanitary implications of importing any plant material, plant products, pests, beneficial organisms or soil;
(d) the management, operation and requirements of the
Plant Health Service; and
(e) the diagnosis, detection and identification of particular pests and diseases.

5. The Director may establish Plant Certification Schemes wh ich sh all fo llo w int e rnati o n a l st an dard s and shall b e administered and updated by the Plant Health Service on the advice of the Board.

Prohibition to import.

Permits and certificates.

PART III

Importation

6. No person shall import into Malta any plant material, plant pest, beneficial orga ni sm, soil or packaging material except in accordance with this Act.

7. (1) Subject to the provisions of subarticle (2), any plant material, plant pest, beneficial organism, soil or packaging material shall only be imported into Malta through a designated point of en try and up on imp ort a t i o n sh al l b e declared an d su bmit ted tog e t h er wi th the p r escrib ed permi t s and certi f icates for

examination by an inspector.
(2) The Minister may, after consultation with the Board, by regulation or notice published in the Gazette exempt certain classes of plant material from the requirement to be declared on importation.
(3) The Director may, after consultation with the Board, by notice issued in the Gazette establish the details of the conditions under which and, or, treatments that any plant material, originating from such co untries and , or, zone s, as may be sp ecified in the notice, has to be subjected to prior to importation.

8. The person in charge of any conveyance transporting or storing anything required to be declared under article 7(1) shall make the conveyance and its contents available for inspection and treatment by an authorised officer in accordance with this Act as soon as reasonably possible after arrival in Malta or at any other time reasonably directed by an inspector; who shall determine the place of inspection.

9. Any person in Malta who receives any plant material, plant pest, beneficial organism or soil from outside Malta whether or not that person consented to it being dispatched, shall, on receipt, imm ediat e ly n o tify an inspecto r an d carry o u t t h e in sp ect o r ’s instructions regarding its destruction, disposal or treatment to the satisfaction of the inspector.

10. Anything imported into Malta, in transit through Malta or moved from one part of Malta to another, in contravention of this Act, together with any container used to transport it or other thing reasonably suspected of harbouring any plant pest, may be seized by in spect ors or an y aut horised o fficer a nd ma y b e d e stroy e d, dispo sed of, treat e d o r o t herwis e dealt with as an inspector or authorised person thinks fit, subject to the provisions of this Act.

11. (1) The Director may, by notice published in the Gazette, requi re th at any cl ass o f pl ant material, plant pes t , beneficial organism, soil or packaging shall not be imported into Malta from such countries or zones, as may be specified in the notice, except with an import permit and in strict compliance with the terms of the permit.

(2) The Director may -
(a) issue, refuse to issue or cancel an import permit; or
(b) prescribe in any import permit such terms and conditions as the Director deems appropriate and at any time, whether before or after importation, vary or add to the terms or conditions.

12. The Director may, by notice published in the Gazette, require that any class of plant material, as shall be specified in the notice, shall not be imported except with a phytosanitary certificate issu ed o r a plant passport recogn ised by th e plan t p r ot ection organisati on of the exporting country in accordance with the Convention and which conforms in all material respects with either the model phytosanitary certificate for export or for re-export, as the case may be, in the annex to the Convention.

Inspection.

Notification to inspector.

Seizure of plant harbouring a plant pest.

Amended by: V. 2011.40.

Import permit.

Phytosanitary certificate or plant passport.

Prohibition or restriction.

13. (1) Notwithstanding anything contained in this Act, the Director may, after consultation with the Board, by notice in the Gazette, prohibit or restrict the introduction, sale, cultivation, pr op agat io n o r mov e men t of an y pl an t mater i al , p l an t p e st, beneficial organism, soil, packaging or any other thing capable of harbouring or spreading a plant pest.

(2) Any notice given under subarticle (1) shall expire six months after the d ate of publication in the Gazette, u nless it is renewed.

Making of rules. 14. The Minister may, acting on the advice of the Board, make regul atio ns estab lishi ng rul e s fo r t h e m a rketin g o f vegetat i ve propagating and planting m aterial and may by such regulations establish the conditions for the grant of permits for the importation and transport of any plant material, plant pest or other organisms for the purposes of scientific research or otherwise, subject to such terms and conditions as may be established in or referred to in the regul ati ons to safeguard pu blic health , agriculture and, or, the environment.

Assistance.

Cap. 37. Cap. 254.

Moving or handling of any container.

Registration with the Plant Health Service.

Examination and sampling.

15. (1) All officers of Customs and of the Post Office shall assist the Department in preventing the importation into Malta of anything contrary to this Act and in so doing may exercise all the powers conferred upon them by or under the Customs Ordinance and the Post Office Act or any law replacing the same.
(2) Any officer of Customs or of the Post Office who becomes aware of the importation of an y plant material, plant pest, beneficial organism, soil, packaging or other thing regulated by this Act, other than things which are not requ ired to b e declared pursuant to article 7(2), shall immediately notify an inspector or other designated officer of the Plant Health Service.

16. (1) Subject to the provisions of subarticle (2), no plant material, plant pest, soil or packing materials under examination or liable to be examined by an inspector shall be moved or handled in any way, nor shall any container be opened, except in accordance with the directions of an inspector.

(2) An officer of Customs or of the Post Office may move and handle a thing referred to in subsection (1) to the extent necessary for the proper performance of that officer ’s duties provided that the enforcement and attainment of th e objects of this Act are not prejudiced.

17. The Director may require any person involved in propagating, storing, importing, exporting, producing or otherwise trading in plant material to register with the Plant Health Service and comply with such requirements as the Director may reasonably require from time to time.

18. Any person who has imported any plant material, plant pest, beneficial organism, soil or packaging shall, on demand by an inspector, allow the imported things to be examined and samples to be taken by an in specto r at an y reasonable time to ena b le the i n spector to determi n e w h ether or no t th is Act and any p e rm it issued under it, has been complied with and whether or not further steps should be taken.

PART IV

Export Control

19. (1) Any person intending to export a consignment of pl an ts o r p l an t p r od uc ts t o an ot he r co u n t r y sha l l s u b m it th e consig nm ent to the Plant Health Service for pre-export examination.

(2) Each consignment submitted shall be examined by an inspector within fourteen days of the date of export in accordance with the requirements of the count ry of destination and if the inspect or is sati sfied th at t h e r e qui rem e nts f o r th e issue of a phytosani t ary certificate or plant p a ssp o rt have been met, the inspector shall issue a phytosanitary certificate or plant passport in accordance with this Act.

Pre-export examination.

PART V

Containment and Eradication of Plant Pests

20. (1) The Director may, by notice published in the Gazette, declare any plant pest to be a notifiable plant pest if it presents, or is likely to present, a threat to the production of or trade in plant materials or to the natural environment and if it is either not known to be established in Malta or is established in Malta but is the subject of measures for its eradication or containment.

(2) The occupier or owner of any land or premises on which a plant pest is found which is identified as, or is suspected to be, a notifiable plant pest shall immediately notify an officer of the Plant Health Service.

21. The Director may, by notice published in the Gazette -

(a) declare any island or area in Malta which is infested or is suspected of being infested with any plant pest, to be an infested area;
(b) declare any land or premises which is infested or is suspected of being infested with any plant pest, to be under quarantine;
(c) prescribe any measures for the treatment or disposal of plant material, plant pests, soil or packaging, and the treatment of conveyances, whether or not they have been found to be infested, in order to limit the spread of the plant pest;
(d) prescribe the period within which it shall be unlawful to plant or replant the whole or part of any infested place or area under quarantine.

22. If the Director is satisfied that a notifiable plant pest is present at any place, the Director may cause a written notice to be served on the owner or occupier of such place and if he deems it appropriate for the purposes of this Act, on the owner or occupier of any land or premises in the vicinity, ordering each of them, within a period specified in the notice, to take whatever measures o n their lan d the Director considers appropri a te to eradicate, contain or restrict the spreading of the notifiable plant pest.

23. If an owner or occupier either cannot comply with any term

Declaration regarding notifiable plant pest.

Declaration regarding infested areas.

Written notice.

Non-compliance.

of a notice issued under articles 17 or 18 or is unable to comply within the stipulated period and in either case advises the Director accordingly, the Director may authorise the Plant Health Service to enter upon the land or premises in question and to take whatever measures may be appropriate to carry out the requirements of the notice.

Regular reviews. 24. The Director shall regularly review the situation in respect of any land placed under quarantine and, when he is satisfied that e i t h er t h e re le va nt pl an t p e st ha s bee n eradicated or that after co nsi d erati on of al l rel e van t circumstances it would be inappropriate to continue to maintain the quarantine restrictions in respect of part or all of the land under quarantine, the Director shall, by notice published in the Gazette and by notice served on all affected owners or occupiers of t h e land, de clare that from a specified date any land identified in the notice shall no longer be under quarantine.

Compensation. 25. (1) Subject to the provisions of subarticle (2), where any plan t material or other thin g is destroy e d or harmed by any measures taken to eradi c ate, con t ain or l imit th e sp read of a notifiable plant pest, the Minister may compensate the owner of the plant material or item destroyed or harmed from monies voted for that purpose by the House of Representatives.

(2) The Minister shall not be obliged to compensate any person who has suffered loss as a result of action authorised under this Act if the action was taken to remedy a situation caused wholly or partially by that person’s negligence, f ailure to comply with lawful instructions or contravention of this Act.
(3) The Minister shall, on the advice of the Board, determine the amount of compensation payable in the circumstances of the case and may, by notice published in the Gazette, prescribe the procedures to be followed to claim compensation.
(4) Any person claiming compensation for any seizure or destruction under this Act of anything which was not infested with plant pests or otherwise injurious to plants or beneficial organisms who is aggrieved by a decision of the Minister under subarticle (3) may, make application to the Civil Court of competent jurisdiction, request a determination of the claimant’s interest in or right over the property, the amount of compensation payable and to obtain payment and shall have the right to appeal to the Court of Appeal against any such determination.

PART VI

Enforcement

Appointment of inspectors. Amended by:

V. 2011.41.

26. (1) The Minister shall appoint inspectors to enforce the p r o v i s io ns of t h i s Ac t a nd th e M i n i st er shal l ensu re th at th ey receive adequate tech nica l training to en abl e t h em to properly perform their duties.

(2) The Minister may, on the advice of the Director, designate public officers in the Department to be temporary inspectors to enfo rce t he p rovisions of thi s Act, together with the insp ector s appointed under subarticle (1), and shall ensure that they receive
adequate technical training to enable them to properly perform their duties.

27. For the purpose of enforcing the provisions of this Act, the Director may request the assistance of members of the Police Force or any authorised officer, and the provisions of article 10 shall apply to anything seized in the execution of such powers.

28. Any inspector or authorised officer who causes anything to be seized, detained, treated, disposed of or destroyed shall, as soon as practicable, notify the owner or person having possession, care or control of the thing, of the steps taken and the reasons for them. If, in ex cept ional circumstances, the seizure is not m ade in t he presence of such person, they shall be notified in writing in such manner as the Minister may from time to time prescribe.

PART VII

Offences, Penalties and Proceedings

29. Any person who, either personally or through an employee or agent -

(a) grows, possesses, sells, offers for sale, transports or distributes in any manner -
(i) any plant material, plant pest, soil, beneficial organism or packaging in the knowledge that it has been imported into Malta contrary to the provisions of this Act; or
(ii) anything infested with a plant pest controlled under this Act or subject to a notice issued under articles 17 or 18;
(b) assaults, resists, threatens or wilfully obstructs any inspector or authorised officer in the execution of his functions under this Act;
(c) refuses or neglects to comply with any order or direction lawfully made or given under this Act;
(d) without reasonable excuse fails to answer any question asked by an inspector or authorised officer or to produce anything required to be produced;
(e) fails to allow a search or inspection authorised under this Act;
(f) prevents or attempts to prevent another person from complying with orders or directions, from answering questions, from producing any thing or from allowing searches or inspections under this Act;
(g) knowingly or recklessly provides information which is false in a material particular, for the purpose of obtaining any permit or certificate or for the purported compliance with any requirements of this Act;
(h) alters, forges, counterfeits, defaces or destroys any document presented to or issued by the Director under this Act; or
(i) contravenes any of the provisions of this Act or of any

Assistance of members of the Police Force. Substitiuted by: V. 2011.42.

Seizure.

Offences.

regulation made thereunder,
shall be guilty of an offence under this Act.

Administrative penalties. Added by:

V. 2011.43.

29A. Where the Director has reasonable cause to believe that -

(a) an offence against this Act has been committed by any person; and
(b) having regard to the previous conduct of the person concerned, it would be appropriate to impose a penalty under this article,
he may cause a notice in writing in accordance with subarticle (2)
in the appropriate form to be served on that person.
(2) A notice under subarticle (1) shall specify - (a) the date and nature of the offence;
(b) a summary of the facts upon which the allegation that
an offence has been committed is based (being a sufficient summary fully and fairly to inform the person of the allegation against him);
(c) any other matter (not being previous convictions) that the Director considers relevant to the imposition of a penalty; and
(d) the amount of the penalty due, and, where the penalty due depends on a previous conviction, the date of such conviction,
and shall be endorsed on a statement setting out the provisions of this article.
(3) Any person on whom a notice under subarticle (1) is served may, within thirty days after such service, by notice in writing in the appr opri a te fo rm served on th e Director , requi re that proceedings in respect of the alleged offence shall be dealt with by the Court, in which case the following provisions shall apply:
(a) no further proceedings shall be taken under this article by the Director; and
(b) nothing in this article shall be construed as preventing the institution of any proceedings in respect of the alleged offence or the conviction of the person for the offence by the Court or the imposition of any penalty or forfeiture under this Act upon such conviction.
(4) Any person on whom a notice under subarticle (1) is served who does not wish that p r oceedings in respect of the alleg e d offence shall be dealt with by the Court may by notice in writing served on the Director -
(a) admit the offence, and
(b) pay the amount of the penalty to the Director within thirty days after the notice of the penalty is served or after such subsequent period as the Director may determine.
(5) Where under this article a person admits an offence, the
Director shall impose a monetary penalty on that person in respect of the offence amounting to one third of the maximum penalty to w h ich th e person wo uld be l i able if h e were con v icted of the offence by the Court.
(6) The penalty imposed under subarticle (5) shall be due as a civil debt enforceable by the competent Court of civil jurisdiction in favour of the Government and the declaration by the person on whom the penalty is im posed that he admit s t h e ch ar ge shall constitute an executive title for the purposes of article 253 of the Code of Organization and Civil Procedure in the same manner as if it were a judgement of the competent Court of civil jurisdiction.
(7) Notwithstanding any other provision of this Act or of any other enactment, where an offence has been admitted under this article no charge may be laid in respect of the offence against any person by whom it has been admitted.
(8) Where a person on whom a notice under subarticle (1) is served does not, within thirty days after the notice is served on him, admit the offence, the Director shall institute proceedings or cause proceedings to be instituted before the Court in respect of the alleged offence.

Cap. 12.

30. (1) Any person who acts in violation of this Act or in breach of any regulations made thereunder, shall -

(a) on a first conviction, be liable to a fine (multa) of not less than two hundred euro (€200) but not exceeding two thousand euro (€2,000);
(b) on a second or subsequent conviction be liable to a fine (multa) of not less than one thousand euro (€1,000) but not exceeding twenty thousand euro (€20,000),
or to a term of imprisonment for a period not exceeding one year, or to both such fine and imprisonment.
(2) Where a person is convicted of an offence under this Act the court may, in addition to any other penalty that it may impose -
(a) order that all income and profits from the sale of such offending article be seized;
(b) impose an additional fine equivalent to the estimated economic benefit which the convicted person derived from the commission of the offence or would have derived had the offence remained undetected; and, or
(c) revoke any permit granted under this Act and debar the person convicted from holding another such permit for a period not exceeding three years.
31. The Minister responsible for Justice may by regulations prescribe that certain offences under this Act shall be scheduled offences for the purposes of the Commissioners for Justice Act and may be tried by a Commissioner for Justice as an infringement.

Penalties.

Amended by:

L.N. 426 of 2007;

V. 2011.44.

Scheduled offences.

Cap. 291.

Power to make regulations. Amended by:

V. 2011.45.

PART VIII Miscellaneous

32. (1) The Minister may make regulations generally to give

effect to any of the provisions of this Act, and, in particular, may
make regulations for all or any of the following purposes:
(a) prohibiting or restricting the introduction into Malta of any plant material likely to introduce any plant pest into Malta, whether or not already present in Malta, or as having noxious or undesirable characteristics, or as being of an undesirable strain;
(b) prohibiting or restricting the introduction into Malta of any -
(i) soil, packaging or other thing specified in the regulations as being likely to introduce any plant pest into Malta, whether or not already present in Malta; or
(ii) plant pest or organism which is or is alleged to be a beneficial organism;
(c) designating points of entry and quarantine stations;
(d) prescribing procedures to be followed by any inspector or other person in the exercise of powers or the performance of obligations under this Act;
(e) prescribing procedures to be adopted for the treatment of imported materials regulated by this Act and of the conveyances bringing them to Malta to prevent or control the introduction of plant pests into Malta;
(f) providing for the control and care of plant material kept or grown in isolation or in quarantine conditions whether in quarantine stations or elsewhere;
(g) requiring the provision and maintenance of such facilities as may reasonably be prescribed;
(h) providing for the inspection of domestic plant material, soil or packaging for export and the issue of appropriate phytosanitary certificates or plant passports;
(i) promoting co-ordination and co-operation among government departments and third parties in implementing and enforcing the provisions of this Act;
(j) inspecting growing plants, lands or other premises and plant material, including plant material in storage or being transported, to ascertain the presence or absence of plant pests;
(k) imposing and determining fees and other payments in relation to any permit or certificate required under this Act;
(l) prescribing forms to be used for the purposes of this
Act;
(m) for the issuing, suspension and revocation of permits
and certificates provided for under this Act;
(n) for carrying out, co-ordinating and encouraging research in the field of plant protection;
(o) for promoting public awareness of plant pests and their prevention, eradication and control including the use of beneficial organisms;
(p) liaising with competent authorities in other countries in plant protection matters;
(q) for the carrying out of the responsibilities of the Government under the Convention and any other international conventions relating to plant protection;
(r) prescribing punishments for offences under this Act; (s) establishing rules for the setting up of protected zones
and rules for the movement of certain plants, plant
products or other objects through a protected zone, and for movements of such items originating in and
moving within such protected zones;
(t) recognising countries and, or, zones as being free from or exposed to particular pests and diseases; and
(u) to establish a national plant health laboratory and regulate plant health laboratory analysis.
(2) Any regulations and orders made under any of the provisions of this Act may be made in the English language only.

33. (1) Any person found guilty of an offence under this Act shall, upon an application by the Director after the sentence, be ordered by the Court to reimburse the Director for any expenses incurred by the Director, or by an inspector or other authorised officer, on account of th at person ha ving acted contrary to any order or instruction lawfully made or given under this Act.

(2) No appeal shall lie from a decision of the Court under subarticle (1). Any sum awarded by way of reimbursement by such a decision shall be recoverable as a civil debt, and that decision shall be an executive title in like manner as if it were included among the executive titles contained in article 253 of the Code of Organization and Civil Procedure.
(3) Without prejudice to the provisions of subarticles (1) and (2 ), t h e own e r and im po rt er of any plant material, plant pest, be neficial orga nism, soil or pa ckaging which is disposed of or treated by the Plant Health Service or any other authorised person under this Act shall be jointly and severally liable to reimburse the Government for the costs of such disposal or treatment, which costs shall be recoverable in the manner provided in articles 466 and 467 of the Code of Organization and Civil Procedure.

34. The Plant Protection (Fees) Regulations, 1998 made under the Agriculture (Plant Protection) Act, repealed by this Act, shall continue in force as if made under the provisions of this Act, and may be amended and revoked accordingly.

Non-compliance with this Act.

Cap. 12.

Cap. 12. Savings.

Cap. 195.