S.L. 433.32 Art. 5Powers of the Directorate. Cap. 9.

(1) If the Directorate finds traces of the presence or possible presence of the pest in a plant and, or on a property, it shall:

(a) send a notification letter to the occupier, possessor, lessee, resident or owner of the plant or property, where the owner, possessor, lessee, resident or owner is known to the Directorate, informing about the presence or the likely presence of the pest and that action is to be taken within the time frame given by the Directorate in the said notification letter; or

(b) when the occupier, possessor, lessee, resident or owner is unknown to the Directorate, the Directorate shall affix a notice informing about the presence or the likely presence of the pest, on the façade, wall or border surrounding the property and instructing necessary action to be taken within the given time indicated on the notice from the date of the said notice.

Such persons shall be obliged to treat and, or fell that plant or take any other action deemed necessary on the plant and, or in the demarcated property in terms of instructions given by the Directorate within that period of time.

(2) The person who is responsible for the property where the infected plant or plants are situated shall be obliged to follow the instructions given by the Directorate to treat the plant against the pest. Should the Directorate decide that the infected plant needs to be felled, then the person shall proceed forthwith to follow the Directorate’s instructions for its felling and disposal.

(3) The felling of infected susceptible plants and their subsequent disposal shall be regulated by these regulations and by the Director, who may, from time to time, indicate the appropriate method for such felling and disposal, which any person, carrying out such act, shall rigorously adhere to.

(4) Failure on the part of such person to adhere to the Directorate’s instructions within the given period will entitle the Directorate, or any person or entity on behalf of the Directorate, to enter and have access to the property, with the assistance of the members of the Police Force, if necessary, and take any necessary action to control the pest. Such person may be liable to a penalty in terms of article 30(1) of the Act. Should such person restrict or, in any manner whatsoever, impede the Directorate in taking all the necessary steps to control the pest, such person may also be liable to criminal proceedings in terms of the Criminal Code if the circumstances so merit.