Plant Protection Act

Plants (Importation and Exportation) Regulations 1976

[GN 101 of 1976 – 24 July 1976] [Section 32]

1. These regulations may be cited as the Plants (Importation and Exportation) Regulations 1976.

2. In these regulations –

"Act" means the Plant Protection Act;

"certificate" means a phytosanitary certificate in the form set out in the First Schedule;

"declaration" means a declaration on a phytosanitary certificate attesting conformity with any special condition of a permit;

"exportation" includes sending from the Island of Mauritius, Rodrigues, Agaléga or St. Brandon to any other such island or group of islands;

"importation" includes bringing into the Island of Mauritius, Rodrigues, Agaléga or St. Brandon from any other such island or group of islands;

"permit" means a permit issued by an officer under these regulations;

"treat" means fumigate, immerse, spray, dust or free any article of disease or pest in such manner as an officer may determine.

3. (1) Any occupier of land who wishes to have his land or any plant material on his land treated or inspected by an officer shall make a written application to an officer at least 14 days before the day on which he wishes the treatment or inspection to be commenced.

(2) The occupier shall pay the charges specified in the Second Schedule in respect of any land or plant material treated or inspected by the officer under paragraph (1).

4. (1) Any person who wishes to import an article shall make a written application to an officer for a permit.

(2) An application under paragraph (1) shall state –

 (a) the precise description of the article;

 (b) the number or quantity of the article to be imported;

 (c) the place of origin of the article; and

 (d) the purpose for which the article shall be imported.

(3) On receipt of an application made under paragraph (1) together with the fee specified in the Second Schedule, the officer may, where he is satisfied the Act and any regulations made under the Act are complied with, grant a permit subject to such terms and conditions as he may determine.

(4) Every consignment of articles imported from a place outside Mauritius must be accompanied by a certificate issued in the country of origin not more than 14 days before the despatch of the consignment and by any declaration required by the officer.

[Reg. 4 amended by reg. 3 of GN 110 of 1980 w.e.f. 10 May 1980.]

5. The importer of an article shall –

(a) give notice to the officer before taking delivery of the article;

(b) give the officer any assistance required for the inspection of the consignment of article; and

(c) pay the charges specified in the Second Schedule for the inspection and for any treatment given.

6. The officer may, on the importation of any article –

(a) where the article is infected, order that the article –

 (i) be destroyed by the importer, without compensation, under the supervision of the officer; or

 (ii) be subjected to such treatment as the officer may determine; or

(b) in the case of plant material, direct that it be planted in a quarantine station or in a nursery apart from plant material of the same kind and be subject to inspection by an officer.

7. The exportation of any plant material specified in the first column of the Third Schedule to the destination specified in the second column of the Schedule shall be prohibited or restricted as specified in the third column of the Schedule.

8. Any person who wishes to export an article shall –

(a) make a written application to an officer for a permit;

(b) where possible, produce a plant import permit from the country of destination;

(c) submit the article to an officer for inspection and certification at such time and place as the officer may determine;

(d) pay the fees and charges specified in the Second Schedule in respect o

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