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Section 13

Provisions as to compensation

of Plant Quarantine Act 1976

ActIn forceProvision 13 of 25
Section 13
(1)

Except as provided by subsection (2), no owner or occupier of land or other person shall be entitled to compensation for any expense incurred or damage occasioned by any order given or act done in pursuance of this Act unless such damage was occasioned by wilful negligence.

(2)

The Director may, in his discretion, order that such compensation as he thinks fit shall be paid to the owner or occupier of any land who is required to destroy as a measure of precaution any plant thereon not being diseased.

(3)

No application for compensation shall be entertained unless it is in writing and is received in the office of the Director within three months from the date of the notice requiring the destruction of the plant, and in no case shall compensation be paid in excess of the actual value of the plant destroyed at the date of the notice.

(4)

If any question arises as to the value of a plant, such question shall be referred to and decided by the officer charged with the collecting of land revenue pursuant to any written law concerning land for the time being in force in the component region in which such plant is located and the decision of such officer shall be final and conclusive.

(5)

If in the proper exercise of their function of administering the provisions of this Act loss or damage to plants, goods, soil or other organisms occurs, the government and every person authorized under this Act shall be exempted from all claims for compensation for such loss or damage.

Plant Quaratine 15