Key Benefits:
No liability shall attach to the Government, Minister, Head of the NPPO, plant inspector or other representative of the NPPO for any matter or thing done bona fide for the purpose of executing any provision of this Act.
(1) The Government of Botswana shall bear no liability for the destruction or disposal of plants, plant products or other regulated articles, carried out under the authority of this Act.
(2) Notwithstanding subsection (1), compensation may be payable from public funds for any plant destroyed under section 13 (1) or 19 (1) (b).
(3) Compensation under this section shall, in default of agreement between the Head of the NPPO and the occupier, be assessed by two assessors, one nominated by the Head of the NPPO and one by the occupier.
(4) Where the assessors referred to in subsection (3) fail to agree on the compensation, the occupier may refer the matter to the committee.
(1) There shall be an Appeals Committee established by the Minister to hear appeals under this section.
(2) The committee shall consist of a Chairperson appointed by the Minister and two other members.
(3) Any owner or occupier of land, owner or operator of a conveyance or owner or importer of plants, plant products or other regulated articles who is aggrieved by the decision of the NPPO or a plant inspector to destroy, dispose of or treat such plants, plant products or other regulated articles may lodge an appeal to the Appeals Committee established by the Minister to hear appeals.
(4) An appeal referred to under subsection (3) shall be lodged within 30 days of the decision of the NPPO or a plant inspector.
(5) Upon an appeal being filed, the Minister shall take all reasonable steps to stay the destruction, disposal or treatment of the articles pending a determination of the appeal by the Committee, except where, in the opinion of the Minister, any delay would create a significant risk of harm to plant resources in Botswana.
(6) A determination by the Committee under subsection (5) shall not prejudice the right of any aggrieved party to seek recourse in the courts.
Any person, either personally or indirectly through an employee or agent, who-
(a) grows, possesses, sells, offers for sale, transports or distributes in any manner any plants, plant products or other regulated articles knowing that they are affected by a pest listed in the First Schedule;
(b) intentionally permits or causes the introduction or spread of any pest listed in the First Schedule;
(c) assaults, resists, intimidates, threatens or obstructs any inspector exercising lawful powers under this Act;
(d) tampers with any samples taken under this Act;
(e) fails to safeguard the phytosanitary security of a consignment after issuance of a phytosanitary certificate;
(f) fails to allow a search or inspection or the taking of any sample authorised under this Act;
(g) breaks the seal on a sealed container containing plants, plant products or other regulated articles except in the presence of a plant inspector or other representative of the NPPO;
(h) removes, destroys, mutilates or interferes with any stake, peg, tag or other mark put in place by a plant inspector or other representative of the NPPO;
(i) knowingly or recklessly provides information which is false, for the purpose of obtaining any document under this Act;
(j) alters, forges, defaces or destroys any document issued under this Act; or
(k) otherwise contravenes the provisions of this Act,
shall be guilty of an offence and liable to a fine not exceeding P2 000, or to imprisonment for a term not exceeding one year, or to both.
