The Plant Quarantine Act 1976

Original Language Title: Plant Quarantine Act 1976

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WM laws of MALAYSIA Act 167 PRINT PLANT QUARANTINE ACT 1976 Contains all amendments to 1 January 2006 PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 in COLLABORATION with PERCETAKAN NASIONAL MALAYSIA BHD 2006 2 laws of Malaysia ACT 167 PLANT QUARANTINE ACT, 1976 date of Assent............... 6 March 1976, the date of publication in the Gazette......... 11 March 1976 REPRINT BEFORE Reprinting the first............ 1998 Second Reprinting............ 2001 3 plant quarantine laws of MALAYSIA Act 167 PLANT QUARANTINE ACT 1976 ARRANGEMENT of SECTIONS section 1. Short title and application 2. Interpretation 3. The powers of the directors and the appointment of Examiners 4. 5 Of The Penal Code. Officer Inspector to enter and inspect land, etc.
6. Power to order the destruction or treatment plants and pests or soil treatment 7. Enforcement of any act required under any notice under section 6 or order under subsection 12 (1) 8. Penalty for default of 9. Power of court to rule measures 10. Seclusion land 11. Obligations when the advent of the dangerous pest 12. The power to take action against dangerous pest 13. Provisions on compensation 14. Prohibition of importation or possession of a dangerous pest plants and 15. Obligation to destroy harmful plants 16. Action if hazardous plants shall not be destroyed accordingly 17. The power to seize, hold and eliminate harmful plants 4 laws of Malaysia ACT 167 section 18. Penalties 19. The transfer of a dangerous pest or plant dangerous 19A. Penalties Am 20. Service of notice 21. Delivery of spare parts 22. The prosecution shall obtain the consent of the public prosecutor 23. Regulations 24. Repeal and saving plant quarantine 5 laws of MALAYSIA Act 167 PLANT QUARANTINE ACT 1976 an act to amend and consolidate the law relating to the control, prevention and elimination of agricultural pests, plant diseases and harmful plants and for expanded cooperation in controlling the movement of pests in international trade and on matters associated with it.
[March 12, 1976]
BE IT enacted by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: short title and application 1. (1) this Act may be cited as the plant quarantine Act 1976.
(2) this Act shall apply throughout Malaysia.
Interpretation 2. In this Act, unless the context otherwise requires — "diseased" means contain any pest;
"import" with variations and cognate expressions means gramatis bring or cause to be brought into any area of components from a place outside the area, via land, sea or air;
"the component area" means the area comprising the States of Peninsular Malaysia, Wilayah Persekutuan Labuan, Sabah or Sarawak, as the case may be, for the purposes of the implementation of this Act;
6 laws of Malaysia ACT 167 "pest" means any animal or animals invertebrat vertebrat (including eggs the animal), fungus, germs, virus, viroid, mikoplasma weed-like organism, or any other with which to cause or trigger disasters at plants and includes any dangerous pest;
"a dangerous pest" means any pesticide which is declared by the Minister by notification in the Gazette as a dangerous pest for the purposes of this Act, for the whole or any part of Malaysia: provided that if the Declaration of a pest affect the State of Sabah or Sarawak or both the State, the Minister shall consult with the Minister of State charged with the responsibility for agriculture for Sabah or Sarawak or both the State Minister , as the case may be, before making a declaration;
"Minister" means the Minister charged with the responsibility for the Elimination of agricultural pests and harmful plants and for plant disease prevention;
"beneficial organisms" means any animal invertebrat (including the eggs of the animal), fungus, bakterium, virus or any other beneficial organisms on Agriculture and who are not able to damage plants;
"Examiners" means an officer Inspector appointed under subsection 3 (3);
"seclusion" means the seclusion of any land for the purpose and in the manner provided under section 10;
"owner" in relation to any land means a person registered as the owner of any land under laws relating to land as applicable in each area components and shall include, in the case of Sarawak, the holder of any rights in respect of land according to custom;
"the villagers" includes any person lessee or tenant or penggembur or people who actually owns, manages or controls any land;
Plant quarantine 7 "Director" means the Director General of Agriculture for Peninsular Malaysia, that its responsibility extended to the Federal territory of Labuan, Director of agriculture for Sabah or Sarawak, Director of agriculture for as the case may be;
"land" includes — (a) the surface of the Earth and all things that make up the surface;
(b) under the surface of the Earth and everything in it;
(c) all plants and other natural products whether or not requires the use of a periodic labour force for issuing it and either above or below the surface;
(d) all things attached to the land, or installed permanently on any thing that is attached to the Earth, either above or below the surface; and (e) of land covered by water, "soil" means any land, Earth or organic materials and minerals found naturally in which growing plants can be grown;
"plant" means any plant or any part thereof either on or off and includes trunk, branches, ubi, umbisi, trees, bulbs are penanti, the spy wood cuttings, buds, Thai massage, clipping tunas, mounting, root, leaves, flowers, fruit, seeds or any part or other output from a plant that is either disconnected or tercantum but not including any plant products have gone through a process of heat treatment and nursing to offer;
"dangerous plant" means any plant that is declared by the Minister by notification in the Gazette as a dangerous plant for the purposes of this Act, for the whole or any part of Malaysia and includes seeds and every part of the plant: provided that if the Declaration of that dangerous plant of Sabah or Sarawak or second-two States that, the Minister shall consult with the Minister of State charged with the responsibility for agriculture for Sabah or Sarawak or both the State Minister , as the case may be, before making the Declaration.
8 laws of Malaysia ACT 167 of the powers of the directors and the appointment of Examiners 3. (1) the Director shall have general supervision of all matters for the purpose of carrying out or implementing the provisions of this Act with respect to the area of their respective components and the power of the Director granted under this Act shall be construed in accordance with the provisions of this subsection: provided that the authority given to the Director under section 19 shall not be construed as if the exercise of that power by any Director confined within the Director components only.
(2) the Director shall in addition to the powers granted to them by this Act has all the powers granted to the Inspectors under this Act in respect of the area of their respective components.
(3) the Director may appoint any officer of the Department of agriculture in the area of their respective components become Examiners for the purpose of carrying out or implementing the provisions of this Act in respect of the area of the component to which the appointment is made and the powers given to Inspectors under this Act shall be construed in accordance with the provisions of this subsection: provided that the authority given to the inspector under section 19 shall not be construed as-by the exercise of that power by any officer of the Examiners in the restricted area components of the Examiners only.
4 Of The Penal Code. Every Director and officer of the Inspectors when acting within the scope of powers and duties under this Act shall be deemed to be public servants within the meaning of the Penal Code [Act 574] applicable within the respective components.
Officer Inspector to enter and inspect land, etc.
5. (1) an officer Inspector may at any reasonable time, with or without the Assistant, the appliance or items, enter any land and can stay there for as long as reasonably necessary for the following purposes: (a) to examine and review the land and any plants on it to ensure whether a harmful or pest plants due to concerns over the land or plant quarantine 9 whether the land or any plant on it in a commencement or his plant any harmful or pests; and

(b) to take in any way any part of the plant may deem necessary for the purpose of inspection on the investigation.
(2) the owner or occupier of land shall allow every Examiners have access to land it for the purposes specified in subsection (1) and shall give to the Inspector any information requested by it, and shall give to the Inspector any assistance reasonably necessary for that purpose.
The power to order the destruction or treatment plants and pest treatment land 6. (1) If, during or as a result of an inspection or review of the soil or plants by an official Inspector, he is of the opinion that a diseased plants in the manner and to the extent that may be harmful to other plants-grows, he may, by notice in writing delivered by him to the owner or occupier of the land on which the plant is found, order the owner or occupier of that exercise, within the time specified in the notice , any steps it deems necessary or expedient by the Examiners to delete or prevent his the pest either by destroying, removing or treating in the manner to be specified in such notice any diseased plants or any other plant, or any pest or tool or appliance or structure used for the purpose of agriculture on the land.
(2) If, at the time of or as a result of an inspection or review of the soil or plants by an officer of Examiners, he is of the opinion that any land or plant in a State that allows the onset or his a pest, he may by notice in writing by him delivered to the owner or occupier of the land where there are such conditions, direct the owner or occupier is conducting , within the period specified in the notice, any steps it deems necessary or expedient by the Examiners to delete or prevent his 10 laws of Malaysia ACT 167 of the pest either by destroying, removing or treating in the manner to be specified in such notice any such plant or any other plant, or any pest or tool or appliance or structure used for agricultural purposes on the ground that the purpose of that circumstances do not allow the start or his mahkluk any pest.
(3) the costs of the measures and to run it as is mentioned in subsection (1) and (2) shall be paid by the owner or occupier of the land.
(4) a notice under subsection (1) or (2) shall state a time of not less than seven days from the date of the notice, which in that time owner or occupier of the land may make representations in writing — (a) to the Menteri Besar or the Chief Minister, as the case may be, for the State in Peninsular Malaysia where the land specified in the notice is;
(b) to the Minister of State charged with the responsibility for agriculture for Sabah if the land specified in the notice is located in the State of Sabah; or (c) to the Minister of State charged with the responsibility for agriculture for Sarawak if the land specified in the notice is located in the State of Sarawak, in respect of any or all of the instructions specified in the notice.
(5) the Menteri Besar or Chief Minister of any State in Peninsular Malaysia or Minister of State charged with the responsibility for agriculture for Sabah or Sarawak to which made representations under subsection (4) may be confirmed, or suspend the effective exercise of the notice or cancel the notice or make such other order as it thinks fit.
Enforcement of any act required under any notice under section 6 or an order under subsection 12 (1) 7. (1) If an owner or occupier of the land to which a notice was served under section 6 or subsection 12 (1) fails to comply with the requirements of the notice within the time plant quarantine 11 specified in the notice in order to perform the acts required by him so to do, Examiners may, subject to any order made under subsection 6 (5), enter the land intended by the notice together with , appliance and all necessary items can act implement and perform on it all such acts and things required by such notice so executed or done, and may claim the cost and all expenses incurred to do so from the owner or occupier in any court.
(2) there is nothing in this section shall affect any liability to a person prosecuted and sentenced under section 8 or 13.
Penalty for default of 8. (1) If an owner or occupier of the land to which was served a notice under section 6 do not comply with the notice within the time specified therein, he shall be guilty of an offence and shall, on conviction, to a fine not exceeding ten thousand ringgit: provided that no person may be sentenced under this section because it fails to comply with a notice from the time the notice requirements may have been suspended or revoked by any of the Menteri Besar or Chief Minister of any State in the Peninsula Or the Minister of State in charge of agriculture for Sabah or Sarawak, as the case may be, under subsection 6 (5).
(2) if any of the Menteri Besar or the Chief Minister in Peninsular Malaysia or Minister of State charged with the responsibility for agriculture for Sabah or Sarawak, as the case may be, made under subsection 6 (5) an order varying the terms of a notice that, as the notice has been changed shall, for the purposes of this section and section 7 are deemed to be a notice under section 6.
Power of court to rule measures 9. (1) when a person is convicted under section 8, 11 or 13, the Court submit that person may, in addition to any penalty imposed by the Court, order the convicted person to take such steps as are 12 laws of Malaysia ACT 167 necessary in time to be determined by the Court to prevent the occurrence of further offence with which the person has been convicted.
(2) If a person fails to comply with an order made under subsection (1), he is guilty of an offence and shall, on conviction, to a fine not exceeding fifty dollars for each day the offence is continued in addition to penalties imposed under section 8, 11 or 13 respectively.
Seclusion land 10. (1) when the Menteri Besar or Chief Minister of a State in Peninsular Malaysia or Minister of State charged with the responsibility for agriculture for Sabah or Sarawak, on the advice of the Director, are of the opinion that a plant on any land diseased he may make an order memencilkan the land or any part thereof for a period specified in the order and may amend or cancel the order at any time.
(2) No person shall, without reasonable grounds, entering or leaving any land intended by an order made under subsection (1) and no nothing can be transferred from the land except in accordance with any instructions issued by an official Inspector.
(3) an owner or occupier of the land colonized by order issued under subsection (1) may apply to an officer Inspector to inspect land colonized it with a view to obtain dipindaan or cancellation of the order and the Examiners shall, within seven days after receiving the application visit and inspect the land and submit opinions and syornya to the Director and the Director shall then advise the Minister of Chief Minister or Minister of State, as the case may be.
(4) a person with disedarinya or without reasonable excuse contravenes subsection (2) is guilty of an offence and shall, on conviction, to a fine not exceeding two thousand ringgit.
Plant quarantine 13 Obligation when the advent of the dangerous pest 11. (1) whenever a dangerous pest, or a diseased plant caused by a dangerous pest, found or appear on any land, the owner or occupier of the land shall be — (a) as soon as he realized that the pest has been found or has appeared on it, immediately give notice thereof in writing or otherwise to the Director or to an officer of examiners together with such particulars as may be determined;
(b) carry out all instructions given to him by an officer of Examiners for destroying dangerous pest or plant disease caused by a dangerous pest in the land; and (c) give all the help available to them by virtue of the exercise of any action taken by an officer of Examiners for the purpose of destroying dangerous pest or plant disease caused by a dangerous pest in the land.

(2) any person who contravenes subsection (1) shall be guilty of an offence and shall, on conviction, to a fine not exceeding ten thousand ringgit.
(3) an officer of examiners who receive a notice under paragraph (1) (a) shall notify the Director of the notice.
The power to take action against dangerous pest 12. (1) if the Menteri Besar or Chief Minister of a State in Peninsular Malaysia or Minister of State charged with the responsibility for agriculture for Sabah or Sarawak is of the opinion that in respect of any land in the State, deletion, destruction or treatment of any diseased plants infected by a dangerous pest or deletion, destruction or treatment of a plant that might be infected in such a matter of necessary or urgent, or if the Director is of the opinion that the 14 laws of Malaysia ACT 167 security of a plant growing in its components area threatened by the existence of a dangerous pest at a plant that grows in that area or in any area of the other components or growing outside Malaysia and he thinks necessary to prevent his dangerous pest that so that any land within its components cleaned wholly or in part from all plant or of any particular type of plant, or that the deletion or destruction or any other means of treatment plants due to concerns over any land then, the required Menteris Besar, Chief Ministers, Minister of State charged with the responsibility for agriculture or the Director, as the case may be, shall forthwith serve a notice in writing to the owner or occupier of the land associated with it that requires any or both of them to take such steps for deleting, destructive testing or treating any such plant or to disinfect the land is within such period as may be specified in the notice.
(2) if the Menteri Besar or Chief Minister of a State in Peninsular Malaysia or Minister of State charged with the responsibility for agriculture for Sabah or Sarawak or a Director, as the case may be, is of the opinion that the safety of other plants could not be secured properly with action directed taken under subsection (1), the Menteri Besar, Chief Ministers, Minister of State charged with the responsibility for agriculture or the Director may immediately ordered an official Examiner or any person to enter any land certain together with another person or with any appliance or thing necessary and take or cause to be taken any action to delete, destroy, or control of a dangerous pest, or for treatment of any plant or clean up the land from any plant either the dangerous pest over the land or not.
(3) the cost and all expenses incurred for the removal, destruction, control, treatment or cleaning as mentioned in subsection (1) and (2) shall be paid by the owner or occupier of the land where the removal, destruction, control, treatment or the cleanup costs and expenses and, if it was committed by a person other than the owner or occupier of such person may claim the cost and expense of the owner or occupier.
Plant quarantine 15 Provisions on compensation 13. (1) except as provided by subsection (2), no person the owner or occupier of the land or other person entitled to compensation for any expense incurred or damage caused by any order given or acts done pursuant to this Act unless such damage has been caused by gross negligence by mistake.
(2) the Director may, in its discretion, order that any compensation that it sees fit be paid to the owner or occupier of any land are required to destroy, as a precaution, any plants on the ground that that are not diseased.
(3) no application for compensation be entertained unless the application is made in writing and received at the Office of the Director within three months from the date of the notice requiring the plants destroyed, and however compensation cannot be paid more than the actual value of the destroyed vegetation at the date of the notice.
(4) If a question arises about the value of a plant, the question shall be referred to and decided by the officer in charge of the collection of land revenue under any written law of the land at the time in force in the area of the plant where components available and the officer's decision final and conclusive.
(5) If in the exercise of its functions in administering the provisions of this Act the loss or damage occurred at the plants, goods, soil or other organisms, the Government and any person authorized under this Act shall be exempted from all claims for compensation for the loss or damage.
Prohibition of importation or possession of a dangerous pest plants and 14. Nobody, except the Director, may — (a) import a dangerous plant;
(b) owns or keeps a dangerous plants or allowing dangerous plants grow in or on any land that he is the owner or the residents of the land; or 16 laws of Malaysia ACT 167 (c) import or save a pest: provided that the Director may in writing exempt any person from any or all provisions of this section are subject to any conditions imposed by it in the exemption.
Obligation to destroy harmful plants 15. If a dangerous plants live on or over any land berlangaran with section 14, the owner and occupier of the land shall as soon as may be cause to the dangerous plants destroyed completely and fully with burn it or by any other means as directed by the Inspector or the Director.
Action if hazardous plants shall not be destroyed accordingly 16. If one does not destroy completely or fully something hazardous plants he/she is required to destroy such by section 15, an officer of examiners together with people as well as tools and items that need to be able to enter the land on which the dangerous plants grow, for the purpose of destroying and can destroy the dangerous plants and can demand the cost and all expenses incurred to do so from the owner or occupier of the land.
The power to seize, hold and eliminate harmful plant-growing 17. (1) an officer, Inspector or an officer of the customs in a place where something dangerous imported plants or stored, berlanggaran with this Act or with any conditions imposed under section 14, shall be — (a) in the case of an officer of Examiners, seize and destroy the plants effectively; and (b) if the officer is an officer of the customs, seize and hold the plant until it is placed in the custody of an officer Inspector that will effectively destroy it.
(2) in this section, "customs officer" shall have the meaning given to it in the Customs Act 1967 [Act 235].
Plant quarantine 17 Penalty 18. A person who contravenes any of the provisions of section 14 or 15 is guilty of an offence and shall, on conviction, to a fine not exceeding ten thousand dollars, although an officer Inspector can take, or may have to take action under section 16 or 17.
The transfer of a dangerous pest or dangerous plant 19. Someone with disedarinya and without a valid reason in the legal transfer or bring or cause to be moved or carried in Malaysia of a dangerous pest or plant dangerous guilty of an offence and shall, on conviction, to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both: provided that nothing-nothing in this section may apply for any Director or officer of the Inspector an area component transfer or bring in Malaysia a dangerous pest or plant is dangerous for the purpose to destroy pests or harmful plants or for the other meaning in relation to a research or study to get rid of pests or plant it.
General penalty 19A. Anyone who commits or attempts to commit, or cause or membenar done, or aiding and abetting in, an act that is inconsistent with, or fails to comply with, the provisions of this Act or any regulations made thereunder is guilty of an offence and shall, on conviction if no penalty is provided for expressly, to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Service of notice 20. A notice may be served to a person for the purposes of this Act — (a) by submitting a notice to that person;
18 laws of Malaysia ACT 167 (b) by submitting the notice —

(i) to pekhidmatnya or to a member of his family that adults are in residence or place of business of the person's usual or last known address; or (ii) to servants or agents at the registered office of the person;
(c) by sending the notice by post to such person — (i) in the place of residence or place of business or the last known address; or (ii) at the registered office; or (d) by way of delivery of spare parts in accordance with section 21.
Alternate delivery 21. If the Examiners are satisfied that the person to whom notice is to be served cannot, by running the appropriate efforts, found and delivery cannot be performed as specified in section 20, the delivery may be carried out — (a) by affixing a copy of the notice in a conspicuous place — (i) on the land; and (ii) in court, mosque or Office or balai penghulu or in a market or in a public place to another, in the area where the land is located; and (b) by posting a copy of the notice in the Gazette and, if he thinks fit, in one or more newspapers circulating in the area of the component.
The prosecution shall obtain the consent of the public prosecutor 22. There are no such proceedings shall be instituted in a court against someone for violating any provision of this Act or any regulations made thereunder except with the written consent of the public prosecutor.
19 plant quarantine regulations 23. (1) the Minister may from time to time make regulations for carrying out this Act maintained fully and effectively and to achieve the purposes of this Act, and without prejudice to the generality of the above, the regulations may provide for — (a) the powers and duties of an officer appointed under this Act;
(b) how to take possession of the land and for the notice, if any, to be given before entering the land;
(c) carry out the review and inspection of plant and other proceedings authorized by this Act;
(d) notification by the owner and residents of a land of any plant that is found to be diseased something dangerous pest;
(e) form for notice and orders to be made by a Director or an officer of the inspector under this Act;
(f) controlling, and conditions with respect to the importation or exportation of mahkluk pests, beneficial organisms, plants and soil for the purpose of controlling and preventing plant pests;
(g) the control of a creature or plant is in Malaysia for the purpose of preventing plant diseases;
(h) obtain from all organizations or civil forces, army, Navy, air force, police or other organizations or teams there is currently or to be established in Malaysia, assistance directed to prevent the start of a dangerous pest or harmful plants or eliminate or control harmful pests or plant mahkluk dangerous that if any in Malaysia;
(i) charge a fee;
(j) impose a penalty of a fine not exceeding one thousand dollars or imprisonment not exceeding six months or to both.
(2) if the regulations made under this section involving Sabah or Sarawak, Minister of State charged with the responsibility for agriculture, Sabah or Sarawak, as the case may be, shall be dirundingi before the regulations are made.
20 laws of Malaysia ACT 167 Repeal and saving 24. The Agricultural Pesticides Ordinance and the dangerous Plants 1953 [F.M.S. 59 1953], Agricultural Pesticides Ordinance Sabah [Chapter 4] and Pest of agriculture Ordinance [Cap. 124] are hereby repealed: provided that — (a) any appointment made under the repealed Ordinance shall, to the extent that the appointment is not inconsistent with the provisions of this Act, be deemed to have been made under this Act; and (b) a notice, order, orders, regulations or rules issued or made under the repealed Ordinance shall, in so far as that notice, directing the provisions, regulations or rules, it is not inconsistent with the provisions of this Act, continue in force and have effect as if it had been issued or made under this Act.
Plant quarantine 21 laws of MALAYSIA Act 167 PLANT QUARANTINE ACT 1976 LIST of AMENDMENT law short title of the Act in effect amend A599 Pest Act 07-09-1984 Agriculture and grow-Dangerous Plants (Amendment) Act 1984 22 laws of Malaysia ACT 167 laws of MALAYSIA Act 167 PLANT QUARANTINE ACT 1976 LIST of the SECTION AMENDED Section Power amend the effect from the long Title of the Act A599 07-09-1984 1 Act A599 07-09-1984 2 Act A599 07-09-1984 7 Act A599 07-09-1984 8 Act A599 07-09-1984 13 Act A599 07-09-1984 19A A599 Act 07-09-1984 23 of A599 07-09-1984