The Official Controls (Plant Health and Genetically Modified Organisms) (Wales) Regulations 2020

PART 4 Official activities to prevent the establishment or spread of plant pests

Introduction

14.—(1) This Part applies if a plant health inspector suspects that a controlled plant pest or prohibited material is present or likely to be present, or becomes aware that a controlled plant pest or prohibited material is present, on any premises in Wales.

(2) In this Part—

“premises” (“mangre”) includes any place, including any land, building, vehicle, vessel, aircraft, hovercraft, freight container, railway wagon, trailer or movable building or structure;

“prohibited material” (“deunydd gwaharddedig”) means—

(a)

a plant, plant product or other object which is carrying, or is infested by or infected with, a controlled plant pest or may be carrying, or be infested by or infected with, a controlled plant pest;

(b)

a plant, plant product or other object the entry of which into the Union territory or Wales is prohibited under an EU plant health rule;

(c)

a plant, plant product or other object the movement of which within the Union territory, or into, within or from Wales, is prohibited under an EU plant health rule.

Notices in relation to controlled plant pests or prohibited material

15.—(1) A plant health inspector may serve a notice on the appropriate person—

(a) requiring the appropriate person to treat, destroy or otherwise dispose of the controlled plant pest or prohibited material,

(b) prohibiting for the period specified in the notice—

(i) the removal of any controlled plant pest or prohibited material from the premises, or

(ii) any activity which the inspector considers necessary to prohibit in order to prevent the establishment or spread of a controlled plant pest,

(c) requiring the removal of any controlled plant pest or prohibited material from the premises, or

(d) requiring the taking of any other steps, as specified in the notice, which the inspector considers necessary to eradicate the controlled plant pest or prevent its establishment or spread.

(2) If a plant health inspector has reasonable grounds for believing that it is necessary for the purpose of preventing the spread of, or ensuring the eradication of, any controlled plant pest from any premises, the inspector may serve a notice on the occupier imposing any prohibition or requiring any reasonable step to be taken for that purpose.

(3) In paragraph (1), “appropriate person” means—

(a) in the case of premises used by a professional operator, the professional operator;

(b) in the case of any other premises—

(i) the occupier or any other person in charge of the premises;

(ii) any other person who is in charge of the controlled plant pest or the prohibited material at those premises.

Action which may be taken by a plant health inspector

16.—(1) A plant health inspector may, on giving reasonable notice, enter any premises and any adjacent premises for the purpose of taking steps to—

(a) eradicate, destroy or otherwise deal with any controlled plant pest,

(b) prevent the spread of any controlled plant pest, or

(c) destroy, treat or otherwise deal with any infected material.

(2) A plant health inspector must, if requested to do so, produce evidence of his or her authority before entering any premises for the purposes specified in paragraph (1).

(3) Paragraph (1) does not apply to any premises which are used wholly or mainly as a private dwelling unless 24 hours’ notice has been given to the occupier.

(4) A plant health inspector may be accompanied by such other persons (including representatives of the European Commission) and bring onto the premises such equipment and vehicles as the inspector considers necessary.

(5) A person accompanying a plant health inspector under paragraph (4) may—

(a) remain on the premises and from time to time re-enter the premises without a plant health inspector,

(b) bring onto the premises any equipment or vehicles that the person considers necessary, and

(c) carry out work on the premises in a manner directed by a plant health inspector.

(6) In paragraph (1), “infected material” means—

(a) a plant, plant product or other object which is carrying, or is infested by or infected with, a controlled plant pest or may be carrying, or be infested by or infected with, a controlled plant pest;

(b) a plant, plant product or other object which is not carrying, or is not infested by or infected with, a controlled plant pest but the presence or existence of which may, in the opinion of a plant health inspector, cause a controlled plant pest to spread or be spread.

Establishment of demarcated areas and measures to be taken in those areas

17.—(1) This regulation applies where an appropriate authority has officially confirmed the presence of a controlled plant pest which is not known to be present in Wales or the presence of a controlled plant pest in an area of Wales where it was not previously present.

(2) An appropriate authority may by notice—

(a) demarcate an area in relation to the presence of the controlled plant pest for the purpose of eradicating or containing the plant pest;

(b) specify the prohibitions or restrictions which are to apply to the demarcated area for that purpose.

(3) A notice under paragraph (2)—

(a) must be in writing;

(b) must describe the extent of the demarcated area;

(c) must specify the date on which any such prohibitions or restrictions are to commence;

(d) must be published in a manner appropriate to bring it to the attention of the public;

(e) may be amended or revoked, in whole or in part, by further notice.