PLANT QUARANTINE ACT 1976

LAWS OF MALAYSIA REPRINT Act 167 PLANT QUARANTINE ACT 1976 Incorporating all amendments up to 1 January 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006 2 Laws of Malaysia ACT 167 PLANT QUARANTINE ACT 1976 Date of Royal Assent … … ... … … 6 March 1976 Date of publication in the Gazette ... … 11 March 1976 PREVIOUS REPRINTS First Reprint Second Reprint … … … … … … … … … … 1998 2001 Plant Quaratine 3 LAWS OF MALAYSIA Act 167 PLANT QUARANTINE ACT 1976 ARRANGEMENT OF SECTIONS Section 1. Short title and application 2. Interpretation 3. Powers of Directors and appointment of Inspecting Officers 4. Penal Code 5. Powers of an Inspecting Officer to enter and inspect land, etc. 6. Power to direct destruction or treatment of plants and pests or treatment of land 7. Enforcement of any action required under any notice under section 6 or order under subsection 12(1) 8. Penalty for default 9. Power of court to order measures 10. Isolation of land 11. Duty on appearance of a dangerous pest 12. Power to take action against a dangerous pest 13. Provisions as to compensation 14. Prohibition of importation or possession of noxious plants and pests 15. Duty to destroy noxious plants 16. Action where noxious plant not duly destroyed 17. Power of seizure, detention and destruction of noxious plants 18. Penalty 19. Transfer of dangerous pest or noxious plant 19A. General penalty 4 Laws of Malaysia Section 20. Service of notice 21. Substituted service 22. Prosecution to be sanctioned by Public Prosecutor 23. Regulations 24. Repeal and saving ACT 167 Plant Quaratine 5 LAWS OF MALAYSIA Act 167 PLANT QUARANTINE ACT 1976 An Act to amend and consolidate the laws relating to the control, prevention and eradication of agricultural pests, noxious plants and plant diseases and to extend co-operation in the control of the movement of pests in international trade and for matters connected therewith. [12 March 1976] BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: Short title and application 1. (1) This Act may be cited as the Plant Quarantine Act 1976. (2) This Act shall apply throughout Malaysia. Interpretation 2. In this Act, unless the context otherwise requires— “beneficial organism” means any invertebrate animal (including the eggs of such animal), fungus, bacterium, virus, or any other organism which is beneficial to agriculture and which is not capable of being injurious to plants; “component region” means the region constituting Peninsular Malaysia, the Federal Territory of Labuan, the State of Sabah or the State of Sarawak, as the case may be, for the purpose of the implementation of this Act; 6 Laws of Malaysia ACT 167 “dangerous pest” means any pest which the Minister may by notification in the Gazette declares to be a dangerous pest for the purposes of this Act for the whole or any part of Malaysia: Provided that where the declaration of a dangerous pest affects the State of Sabah or Sarawak or both such States, the Minister shall consult the State Minister charged with the responsibility for agriculture of Sabah or Sarawak or both such State Ministers, as the case may be, prior to making such declaration; “Director” means the Director General of Agriculture for Peninsular Malaysia whose responsibility extends to the Federal Territory of Labuan, the Director of Agriculture for the State of Sabah or the Director of Agriculture for the State of Sarawak, as the case may be; “diseased” means bearing any pest; “import”, with its grammatical variation and cognate expression means to bring or cause to bring into any component region from a place outside such region, by land, sea, or air; “Inspecting Officer” means an Inspecting Officer appointed under subsection 3(3); “isolation” means the isolation of any land for the purpose and in the manner provided under section 10; “land” includes— (a) the surface of the earth and all substances forming the surface; (b) the earth below the surface and all substances therein; (c) all vegetation and other natural products whether or not requiring the periodical application of labour for their production and whether on or below the surface; (d) all things attached to the earth, or permanently fastened to any thing attached to the earth, whether on or below the surface; and (e) land covered by water; “Minister” means the Minister charged with the responsibility for the eradication of agricultural pests and noxious plants and prevention of plant diseases; Plant Quaratine 7 “noxious plant” means any plant which the Minister may by notification in the Gazette declare to be a noxious plant for purposes of this Act for the whole or any part of Malaysia and includes the seed and every part of such plant: Provided that where the declaration of a noxious plant affects the State of Sabah or Sarawak or both such States, the Minister shall consult the State Minister charged with the responsibility for agriculture of Sabah or Sarawak or both such State Ministers, as the case may be, prior to making such declaration; “occupier” includes a lessee or tenant or cultivator or person in actual possession, management or control of any land; “owner” in relation to any land means any person for the time being registered as the proprietor of any land under the law relating to land applicable in the respective component regions and shall include in the case of Sarawak the holder by customary rights of any land; “pest” means any vertebrate or invertebrate animal (including the eggs of such animal), fungus, bacterium, virus, viroid, mycoplasma-like organism, weed, or any other organism which is or is capable of being injurious to plants and includes any dangerous pest; “plant” means any species of plant or any part thereof whether living or dead and includes the stem, branch, tuber, bulb, corn, stock, budwood, cutting, layer, slip, sucker, root, leaf, flower, fruit, seed or any other part or product whatsoever of a plant whether severed or attached but does not include any plant product that has undergone a process of heat and drying treatment; “soil” means any earth, ground or other naturally occurring organic and mineral material in which plants may be grown. Powers of Directors and appointment of Inspecting Officers 3. (1) The Directors shall have general supervision of all matters for purposes of carrying out or putting into effect the provisions of this Act in respect of their respective component regions and the powers of the Director conferred under this Act, shall be construed in accordance with the provision of this subsection: 8 Laws of Malaysia ACT 167 Provided that the power conferred upon the Directors under section 19 shall not be construed as if the exercise of such power by any of the Directors is confined within the component region of such Director. (2) The Directors shall in addition to the powers conferred upon them by this Act have all the powers conferred upon an Inspecting Officer under this Act in respect of their respective component regions. (3) The Directors may appoint any officers of the Department of Agriculture of the respective component regions to be Inspecting Officers for purposes of carrying out or putting into effect the provisions of this Act in respect of the component region for which the appointments are made and the powers conferred upon an Inspecting Officer under this Act shall be construed in accordance with the provision of this subsection: Provided that the powers conferred upon the Inspecting Officers under section 19 shall not be construed as if the exercise of such power by any of the Inspecting Officers is confined within the component region of such Inspecting Officer. Penal Code 4. Every Director and Inspecting Officer when acting within the scope of the powers and duties under this Act shall be deemed to be public servants within the meaning of the Penal Code [Act 574] applicable in the respective component regions. Powers of an Inspecting Officer to enter and inspect land, etc. 5. (1) An Inspecting Officer may at all reasonable times, with or without assistants, instruments or things, enter upon any land and may remain there for so long as may be reasonably necessary for the following purposes: (a) to inspect and examine such land and any plant thereon to ascertain whether any noxious plant or pest is present on such land or whether such land or any plant thereon is in a condition favourable to the introduction or spread of any noxious plant or pest; and Plant Quaratine 9 (b) to remove in any way such portions of any such plant as he may deem necessary for purposes of examination or investigation. (2) The owner or occupier of such land shall permit every Inspecting Officer to have access thereto for the purposes specified in subsection (1) and shall supply to the Inspecting Officer all such information as may be requested by him, and shall afford the Inspecting Officer such assistance as may be reasonably necessary for such purposes. Power to direct destruction or treatment of plants and pests or treatment of land 6. (1) If, on or as a result of any inspection or examination of land or plants by an Inspecting Officer, it appears to him that any plant is diseased in a manner and to an extent which might endanger other plants he may, by notice in writing under his hand, served on the owner or occupier of the land wherever such plant is found, direct such owner or occupier to take within the time specified in the notice such measures as seem to the Inspecting Officer necessary or expedient for the eradication or prevention of the spread of the pest either by destruction, removal or treatment in a manner to be specified in the said notice of any diseased plant or any other plant, or of any pest or tools or utensils or structure used for agricultural purposes on the land. (2) If, on or as a result of any inspection or examination of land or plants by an Inspecting Officer, it appears to him that any land or plant is in a condition favourable to the introduction or spread of any pest he may, by notice in writing under his hand, served on the owner or occupier of the land whereon such condition exists, direct such owner or occupier to take within the time specified in the notice such measures as seem to the Inspecting Officer necessary or expedient for the eradication or prevention of the spread of the pest either by destruction, removal or treatment in a manner to be specified in the said notice of such plant or any other plant, or of any pest or tools or utensils or structure used for agricultural purposes on the land with a view to bringing the same into a condition not favourable to the introduction or spread of any pest. 10 Laws of Malaysia ACT 167 (3) The cost of the measures and of the taking thereof mentioned in subsections (1) and (2) shall be defrayed by the owner or occupier of the land. (4) Any notice under subsection (1) or (2) shall specify a time not being less than seven days from the date of the notice within which the owner or occupier of the land may make representation in writing— (a) to the Menteri Besar or Chief Minister, as the case may be, of the State in Peninsular Malaysia in which the land specified in the notice is situated; (b) to the State Minister charged with the responsibility for agriculture of Sabah in the case of the land specified in the notice being situated in Sabah; or (c) to the State Minister charged with the responsibility for agriculture of Sarawak in the case of the land specified in the notice being situated in Sarawak, with respect to any or all of the directions specified in the notice. (5) The Menteri Besar or Chief Mini