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The Plant Health (EU Exit) Regulations 2019

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This is the original version (as it was originally made).

PART BEstablishment of a demarcated area

3.  The appropriate UK plant health authority must by notice and without delay demarcate an area in relation to the infestation consisting of an infested zone and a buffer zone around the infested zone.

4.  The infested zone must include the area in which the plant pest was found, all plants showing symptoms caused by the plant pest and, where appropriate, all plants belonging to the same lot at the time of planting.

5.  The boundary of the buffer zone must be at least two km beyond the boundary of the infested zone, but may be reduced to one km beyond the boundary of the infested zone where the appropriate UK plant health authority concludes that eradication of the plant pest is possible and remains of that view.

6.  The demarcation of the infested zone and the buffer zone must be based on sound scientific principles, the biology of the plant pest, the level of infestation, the distribution of host plants in the area concerned and evidence of establishment of the plant pest.

7.  If there is a confirmed finding of the plant pest outside the infested zone, the appropriate UK plant health authority must either demarcate a further area or amend the original demarcated area in accordance with paragraphs 3 to 6 to take account of that finding.

8.  Paragraph 3 is subject to paragraph 15.

9.  This Part does not apply in so far as any part of the area to be demarcated would be in Scotland.

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