New South Wales Consolidated Acts

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BIOSECURITY ACT 2015 - SECT 309

Compensation payable to owners of animals, plants and property

309 Compensation payable to owners of animals, plants and property

(1) Compensation is payable under this Part--
(a) to the owner of any animal, plant or property that has been destroyed in accordance with an emergency order for the purpose of minimising, eradicating or preventing the spread of emergency biosecurity matter, and
(b) to the owner of any animal or plant that--
(i) has been reported to the Secretary or an authorised officer as being affected by, or as having died of, emergency biosecurity matter, and
(ii) is certified by the Chief Veterinary Officer (in the case of an animal) or the Chief Plant Protection Officer (in the case of a plant) as having died of emergency biosecurity matter.
(2) However, compensation is payable to the owner of an animal or plant under subsection (1)(b) only if the Chief Veterinary Officer or Chief Plant Protection Officer is satisfied that--
(a) there has been no unreasonable delay in reporting the death of the animal or plant, and
(b) the destruction of the animal or plant would have been required under this Act had the animal or plant not died.
(3) In this Part--
(a) a reference to the Chief Veterinary Officer includes a reference to an authorised officer authorised by the Chief Veterinary Officer to exercise the functions of the Chief Veterinary Officer under this section, and
(b) a reference to the Chief Plant Protection Officer includes a reference to an authorised officer authorised by the Chief Plant Protection Officer to exercise the functions of the Chief Plant Protection Officer under this section.



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