Section 12
Power to take action against a dangerous pest
If in the opinion of the Menteri Besar or Chief Minister of a State in Peninsular Malaysia or the State Minister charged with the responsibility for agriculture of Sabah or Sarawak that with respect to any land within his State the eradication, destruction, or treatment of any diseased plant which is affected by a dangerous pest or of any plant liable to become so affected is a matter of necessity or urgency or if in the opinion of the Director the safety of any plant growing in his component region is endangered by the existence of a dangerous pest on any plant growing in such region or in any other component regions or growing outside
Malaysia and he considers it necessary for the prevention of the spread of such dangerous pest that any land within his component region be entirely or partly cleared of all plants or any particular species of plants or that the eradication or destruction or any form of treatment of any plant present on any such land, is required, such Menteri Besar, Chief Minister, State Minister charged with the responsibility for agriculture, or Director, as the case may be, may forthwith serve a notice in writing on the owner or the occupier of the land connected therewith requiring any or both of them to take such measures for the eradication, destruction or treatment of any plants or clearing of the land within such time as may be specified in the notice.
(2)
If it appears to the Menteri Besar or Chief Minister of a
State in Peninsular Malaysia or the State Minister charged with the responsibility for agriculture of Sabah or Sarawak or any Director as the case may be that the safety of plant cannot be properly ensured by the action directed to be taken under subsection (1), such Menteri Besar, Chief Minister, State Minister charged with the responsibility for agriculture or Director may forthwith direct an Inspecting Officer or any person to enter any specified land together with such other persons or with such instruments or things as may be necessary and to take or cause to be taken any specified action for the eradication, destruction or control of the dangerous pest, or the treatment of any plants or clearing of the land of any plants whether or not the dangerous pest is present on such land.
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(3)
The cost of, and all expenses incurred in such eradication, destruction, control, treatment or clearing as mentioned in subsections
(1)
and (2) shall be defrayed by the owner or occupier of the land whereon such eradication, destruction, control, treatment or clearing is carried out and where the cost and the expenses have been incurred by any person other than the owner or occupier such person may recover the cost and expenses from the owner or occupier.