Destructive Insects and Pests (Consolidation) Act, 1958

Spraying of potatoes.

8.—(1) Whenever in relation to a particular district an order is made under section 3 of this Act for the protection of crops from a destructive insect or pest or an agent for the biological control of plant pests introduced into the State and specified in the order and the order is in force, the Minister may serve on any owner of a potato crop planted in that district a notice (in this section referred to as a spraying notice) in the prescribed form requiring him within the time specified in such notice to spray such potato crop with the prescribed spraying mixture in the prescribed manner.

(2) Where a spraying notice is served on the owner of a potato crop and the notice is not complied with within the time limited thereby—

(a) the Minister may cause that potato crop to be sprayed with the prescribed spraying mixture in the prescribed manner at the expense of such owner, and for that purpose any inspector authorised in that behalf by the Minister may enter on the land on which that potato crop is planted and there do all things necessary for or incidental to the spraying of that potato crop;

(b) the cost of such spraying shall be paid by such owner to the Minister on demand and may be recovered as a simple contract debt in any court of competent jurisdiction.

(3) Any person who obstructs or impedes the Minister or any person duly authorised by the Minister in the exercise of any of the powers conferred by this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

(4) A spraying notice may be served—

(a) by delivering it to the person to whom it is addressed, or

(b) by leaving it for him with a person over sixteen years of age on the land on which the potato crop to which it relates is planted, or

(c) by sending it by post to the person to whom it is addressed at his last known place of abode.

(5) A spraying notice may be signed and issued by an inspector authorised in that behalf by the Minister on behalf of the Minister and when so signed and issued shall be deemed to have been signed and issued by the Minister.

(6) The Minister may make regulations in relation to any matter referred to in this section as prescribed, and the word “prescribed” in this section means prescribed by such regulations.