Malaysia legislation
Section 2
Section 2
In this Act, unless the context otherwise requires—
“beneficial organism” means any invertebrate animal (including the eggs of such animal), fungus, bacterium, virus, or any other organism which is beneficial to agriculture and which is not capable of being injurious to plants;
“component region” means the region constituting Peninsular
Malaysia, the Federal Territory of Labuan, the State of Sabah or the State of Sarawak, as the case may be, for the purpose of the implementation of this Act;
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“dangerous pest” means any pest which the Minister may by notification in the Gazette declares to be a dangerous pest for the purposes of this Act for the whole or any part of Malaysia:
Provided that where the declaration of a dangerous pest affects the State of Sabah or Sarawak or both such States, the Minister shall consult the State Minister charged with the responsibility for agriculture of Sabah or Sarawak or both such State Ministers, as the case may be, prior to making such declaration;
“Director” means the Director General of Agriculture for Peninsular
Malaysia whose responsibility extends to the Federal Territory of
Labuan, the Director of Agriculture for the State of Sabah or the
Director of Agriculture for the State of Sarawak, as the case may be;
“diseased” means bearing any pest;
“import”, with its grammatical variation and cognate expression means to bring or cause to bring into any component region from a place outside such region, by land, sea, or air;
“Inspecting Officer” means an Inspecting Officer appointed under subsection 3(3);
“isolation” means the isolation of any land for the purpose and in the manner provided under section 10;
“land” includes—
(a)
the surface of the earth and all substances forming the surface;
(b)
the earth below the surface and all substances therein;
(c)
all vegetation and other natural products whether or not requiring the periodical application of labour for their production and whether on or below the surface;
(d)
all things attached to the earth, or permanently fastened to any thing attached to the earth, whether on or below the surface; and
(e)
land covered by water;
“Minister” means the Minister charged with the responsibility for the eradication of agricultural pests and noxious plants and prevention of plant diseases;
Plant Quaratine 7
“noxious plant” means any plant which the Minister may by notification in the Gazette declare to be a noxious plant for purposes of this Act for the whole or any part of Malaysia and includes the seed and every part of such plant:
Provided that where the declaration of a noxious plant affects the State of Sabah or Sarawak or both such States, the Minister shall consult the State Minister charged with the responsibility for agriculture of Sabah or Sarawak or both such State Ministers, as the case may be, prior to making such declaration;
“occupier” includes a lessee or tenant or cultivator or person in actual possession, management or control of any land;
“owner” in relation to any land means any person for the time being registered as the proprietor of any land under the law relating to land applicable in the respective component regions and shall include in the case of Sarawak the holder by customary rights of any land;
“pest” means any vertebrate or invertebrate animal (including the eggs of such animal), fungus, bacterium, virus, viroid, mycoplasma-like organism, weed, or any other organism which is or is capable of being injurious to plants and includes any dangerous pest;
“plant” means any species of plant or any part thereof whether living or dead and includes the stem, branch, tuber, bulb, corn, stock, budwood, cutting, layer, slip, sucker, root, leaf, flower, fruit, seed or any other part or product whatsoever of a plant whether severed or attached but does not include any plant product that has undergone a process of heat and drying treatment;
“soil” means any earth, ground or other naturally occurring organic and mineral material in which plants may be grown.
Powers of Directors and appointment of Inspecting Officers