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Agricultural Pests Act, 1983 (Act No. 36 of 1983)

Regulations

Control Measures relating to the Polyphagous Shot Hole Borer

1. Definitions

 

In this Schedule any word or expression to which a meaning has been assigned in the Act shall have that meaning and, unless the context otherwise indicates—

 

"authority"

means any officer of the Department Agriculture, Land Reform and Rural Development in the national, provincial or local sphere of government;

 

"authorized persons"

means a person who is not an officer and to whom a power or duty has been delegated or assigned under section 2(4) of the Agricultural Pests Act;

 

"executive officer"

means an officer designated in terms of section 2(1) of the Agricultural Pests Act, 1983 (Act No.36 of 1983);

 

"infested plant"

means the presence in a plant and/or wood plant of a living pest of the plant or plant product concerned;

 

"non-reproductive host plant(s)"

means the plant(s) where the pest attacks, penetrates and inoculates the fungus that then starts growing in the sapwood, but in which the beetle does not establish breeding galleries or reproduce, the pest in some cases cannot successfully complete its life cycle and the plant therefore does not act as a further source of spread, refer to table 3;

 

"notifiable insect"

means the insect as designated in table 1 of these Control Measures;

 

"Pest free area"

means an area in which a specific pest does not occur as demonstrated by scientific evidence and in which, where appropriate, this condition is being officially maintained;

 

"phytosanitary measure"

means any legislation, regulation or official procedure as provided for under this regulation having the purpose to prevent the introduction or spread of quarantine pests or to limit the economic impact of regulated non-quarantine pests;

 

"phytosanitary procedure"

means any official method for implementing phytosanitary measures including the performance of inspections, tests, surveillance or treatments in connection with regulated pests;

 

"Polyphagous shot hole borer"

means the insect known scientifically as Euwallacea fornicatus, previously referred to as Euwallacea nr. fornicatus and Euqallacea whitfordiodendrus in literature and any of its fungal symbionts including Fusarium euwallaceae, Graphium euwallaceae and Paracremonium pembeum;

 

"quarantine area"

means an area within which a quarantine pest is present and is being officially controlled;

 

"the Act"

means the Agricultural Pests Act, 1983 (Act No. 36 of 1983).

 

"regulated article"

means any plant, plant product, storage place, packaging, conveyance, container, soil and any other organism, object or material capable of harbouring or spreading pests, deemed to require phytosanitary measures, particularly where international transportation is involved;

 

"reproductive host plant(s)"

means the plant(s) that the beetle infests and where it successfully establishes a breeding gallery in which the fungus grows, where eggs are laid, and larvae develop into mature adults, thus completing its life cycle, refers to table 2.