Plant Health
The Plant Health Act (Northern Ireland) 1967 seeks to control pests and diseases injurious to agricultural and horticultural crops or trees and bushes. The Department may make regulations for the purpose of preventing the introduction of pests in Northern Ireland.
Where it appears to the Department that the landing of articles of any description, and in particular, plants, trees, and bushes or any part of them, is likely to introduce a pest, the orders may prohibit and regulate the landing of those articles and authorise destruction, subject to the provisions of customs legislation.
The Department may make orders that are expedient or arise under EU obligations to prevent the spread of pests in Northern Ireland or the prevention of pests from articles exported. An order made under the legislation may contain provisions requiring a person to pay a government department or local authority the cost of doing anything that person has, in breach of the requirement imposed by the legislation, failed to do.
Regulations may direct or remove the authorisation, treatment, or destruction of any crops, seed, plants, or part thereof or any container, wrapping, or other article which has on it or is infected with a pest or by means of which a pest is likely to spread. They may direct and authorise entry onto the land for the purpose of removal, treatment, or destruction authorised by an order or any examination or enquiry so authorised.
They may create offences, in particular, of selling or offering for sale, the keeping or moving of specimens of a pest or the distribution of such specimens in any manner. They may make it an offence to contravene a condition specified in the licence granted by the Department for the purpose of exempting a person from any prohibition or restriction.
Regulations may be made for the purpose of protecting forests, trees, and timber when attacked by a pest. They may impose reasonable fees or other charges in connection with applications for the issue of licences and certificates in pursuance of an order in connection with the export or import of any article. They may make provision in respect of performance by the Department of any service without the performance of which requirement, the conditions of the licence would not be met.
Powers may authorise departmental inspectors to take such steps as they think expedient in connection with any crop, seed, plant to prevent the spread of pests. They may impose conditions in a certificate given under the order after an inspection, such fees and charges as they may prescribe.
The Minister may pay compensation in respect of crop seeds, plants, removed or destroyed under the instructions of an inspector authorised by the Department. The compensation is to be the value of the crop or the seed, plant, etc., its estimated value if harvested and marketed under normal conditions in an average year, deducting the cost of harvesting and marketing.
The Department may require a district council to carry into effect regulations made under the Act. It may, with the consent of the council, require that the council pay compensation in respect of crops, seeds, plants which are removed or destroyed in pursuance of the legislation.
Each district council is to maintain a record relative to proceedings in pursuance of an order made by the Department. The records should state the date of removal or destruction in pursuance of the order or other proper particulars and shall be admitted as evidence, change regulations above to order.