S.L. 433.3 Art. 23Enforcement by Director.

(a) It shall be the duty of the Director to ensure compliance with the provisions of these regulations and for such purposes he shall carry out such checks, verifications and inspections during such time or times as may be necessary. For the purposes of the foregoing provisions of these regulations the Director shall have access to any premises where an activity regulated by these regulations is being carried out and shall have access to all relevant information and records. He may also collect samples of plants, plant products and other objects and carry out any relevant checks thereon.

(b) Without prejudice to the provisions of these regulations, the Director may by notice in the Gazette publish guidelines establishing the minimum measures to be taken.

(c) Where it is established, through the official checks carried out in accordance with this regulation, that plants, plant products or other objects present a risk of spreading harmful organisms, they shall be the subject of official measures in accordance with these regulations or any other measure that the Director may deem fit.

(d) (i) in those cases where the Director has reasonable cause to believe that an offence against these regulations has been committed by any person and it results that such person has not previously committed an offence against the Act, he may serve an enforcement notice on such person in accordance with sub-paragraph (ii) below;

(ii) an enforcement notice served upon a person in terms of sub-paragraph (i) shall:

(A) require the person upon whom it is served to carry out such works or to take such steps as the Director may determine in order to remedy, or to prevent the continuation or repetition of, any contravention to which the enforcement notice relates; and

(B) state the period within which any such requirement is to be complied with;

(iii) the period stated in the enforcement notice for compliance with any such requirement shall be such period as is reasonable in the circumstances;

(iv) the Director may at any time:

(A) withdraw the enforcement notice;

(B) extend the period for compliance with any requirement of the enforcement notice; or

(C) modify the requirements of the enforcement notice

MISCELLANEOUS