Victorian Current Acts Victorian Current ActsS. 19(1) amended by No. 1/2024 s. 60(1)(a).
(1) The Minister may, by order published in the Government Gazette—
S. 19(1)(a) amended by No. 1/2024 s. 60(1)(b).
(a) declare the whole of or any place within Victoria to be a control area; and
(b) specify any prohibitions, restrictions or requirements which are to operate in, or in relation to, the whole or part of the control area for the purpose of—
(i) preventing the spread of pests or diseases within the control area or from the control area to other parts of Victoria; or
(ii) preventing the entry of pests or diseases into the control area.
S. 19(2) amended by No. 1/2024 s. 60(2).
(2) Without limiting the powers of the Minister under subsection (1), an order declaring a control area may, for the purposes set out in subsection (1)—
(a) prohibit absolutely or restrict subject to prescribed conditions—
(i) the removal of any plant, plant product, used package, used equipment or earth material from the control area to a place outside the control area; or
(ii) the entry of any plant, plant product, used package, used equipment or earth material into the control area; or
(iii) the movement of any plant or plant product, used package, used equipment or earth material within the control area; or
(b) require the owners or occupiers of land within the control area to do any of the following—
(i) prune any fruit tree;
(ii) treat or contain any plant affected by a pest or disease;
(iii) grow a variety of plant which is resistant or tolerant to pests or diseases;
(iv) destroy any plant;
(v) treat earth material in which a plant is grown or has been growing;
(vi) treat any used package or used equipment;
(vii) take any other prescribed action to control pests or diseases; or
(c) require owners or occupiers of land in specified parts of the control area to take more stringent measures, as specified in the order, than owners or occupiers of other land in the control area.
S. 19(2A) inserted by No. 1/2024 s. 60(3).
(2A) An order declaring a control area remains in force for a period of 12 months or any shorter period that is specified in the order, unless sooner revoked.
S. 19(2B) inserted by No. 1/2024 s. 60(3).
(2B) The Minister may from time to time, by notice published in the Government Gazette, extend the duration of an order declaring a control area for any period or periods not exceeding 12 months.
S. 19(3) inserted by No. 40/2019 s. 81.
(3) An order declaring a control area may authorise an inspector to issue a direction to an owner or occupier of land within the control area to do any of the things specified in subsection (2)(b).
S. 19(4) inserted by No. 40/2019 s. 81.
(4) A direction issued by an inspector under subsection (3) must—
(a) be in writing; and
(b) be given to the person to whom it applies; and
(c) fix a reasonable time by which the direction is to be complied with.
S. 19(5) inserted by No. 40/2019 s. 81.
(5) A person must not contravene any direction of an inspector under subsection (3).
Penalty: 60 penalty units.