CONTROL OF THE RED PALM WEEVIL REGULATIONS

SUBSIDIARY LEGISLATION 433.32

CONTROL OF THE RED PALM WEEVIL

REGULATIONS

17th May 2019

LEGAL NOTICE 97 of 2019.

The title of these regulations is the Control of the Red

Palm Weevil Regulations.

These regulations provide the measures to be taken to

control and contain the harmful organism Rhynchophorus ferrugineus

(Olivier) hereinafter referred to as the Red Palm Weevil.

In these regulations, unless the context otherwise

requires

"the Act" means the Plant Quarantine Act;

"designated site" means a site which contains palm trees

of natural, cultural, historical or aesthetic value and which

requires protection;

"the Director" means the Director responsible for the

Directorate;

"the Directorate" means the Directorate or Department

responsible for Plant Health;

"the pest" means the Red Palm Weevil;

"susceptible plants" means plants, other than fruit and

seeds, having a diameter of the stem at the base of over 5cm and

belonging to the following genera

Brahea Mart., Butia Becc., Chamaerops L., Jubaea

Kunth, Livistona R. Br., Phoenix L., Sabal Adans., Syagrus

Mart., Trachycarpus H. Wendl., Trithrinax Mart., Washingtonia

Raf.;

"third country" means a country which is not a member

of the European Union.

(1)

Any person, entity, governing body, local

council or any other legally constituted body, which is responsible

for any areas and/or territories on which any susceptible plants are

found, are obliged to notify the Directorate in case of any presence

or suspected presence of the pest and, or any signs or symptoms.

(2)

Plants that are infected or suspected of being infected

shall, to the satisfaction of the Director, be either felled or treated in

the approved manner, so as to contain the harmful organism and

prevent further spread.

(1)

If the Directorate finds traces of the presence or

possible presence of the pest in a plant and, or on a property, it shall

(a)

send a notification letter to the occupier,

possessor, lessee, resident or owner of the plant or property,

where the owner, possessor, lessee, resident or owner is known

to the Directorate, informing about the presence or the likely

presence of the pest and that action is to be taken within the

time frame given by the Directorate in the said notification

letter; or

(b)

when the occupier, possessor, lessee, resident or

owner is unknown to the Directorate, the Directorate shall affix

a notice informing about the presence or the likely presence of

the pest, on the façade, wall or border surrounding the property

and instructing necessary action to be taken within the given

time indicated on the notice from the date of the said notice.

Such persons shall be obliged to treat and, or fell that plant or take

any other action deemed necessary on the plant and, or in the

demarcated property in terms of instructions given by the

Directorate within that period of time.

(2)

The person who is responsible for the property where the

infected plant or plants are situated shall be obliged to follow the

instructions given by the Directorate to treat the plant against the pest.

Should the Directorate decide that the infected plant needs to be felled,

then the person shall proceed forthwith to follow the Directorate’s

instructions for its felling and disposal.

(3)

The felling of infected susceptible plants and their

subsequent disposal shall be regulated by these regulations and by the

Director, who may, from time to time, indicate the appropriate method

for such felling and disposal, which any person, carrying out such act,

shall rigorously adhere to.

(4)

Failure on the part of such person to adhere to the

Directorate’s instructions within the given period will entitle the

Directorate, or any person or entity on behalf of the Directorate, to

enter and have access to the property, with the assistance of the

members of the Police Force, if necessary, and take any necessary

action to control the pest. Such person may be liable to a penalty in

terms of article 30(1) of the Act. Should such person restrict or, in any

manner whatsoever, impede the Directorate in taking all the necessary

steps to control the pest, such person may also be liable to criminal

proceedings in terms of the Criminal Code if the circumstances so

merit.

(1)

Any entity, governing body, local council or any

other legally constituted body which manages and, or administers or is

responsible for any of the designated sites as published by the

Directorate in the Gazette, shall be obliged to follow the guidelines

and measures issued in Government Notices by the Directorate and

which the Director may, from time to time, deem necessary to issue.

(2)

Failure by such entity, governing body, local council or

any other legally constituted body to abide by the Directorate’s

instructions shall entitle the Director to gain access to any premises

and, or property and to take any action which is deemed necessary in

terms of these regulations. All expenses incurred by the Directorate in

exercising such action shall be borne solely by the entity, governing

body, local council or any other legally constituted body on whose

property or premises the plants are found.

(1)

(a) The importation of susceptible plants from a

third country shall be notified to the Directorate at least forty-eight

hours prior to the arrival of the material in Malta by means of the Third

Countries Notification form available on the Directorate’s website.

(b)

The susceptible plants referred to in paragraph

(a) shall be accompanied by a phytosanitary certificate as stipulated

in point 37.1 of Schedule IV, Part A, Section I of the Plant

Quarantine (Harmful Organisms) Regulations.

(2)

Should the pest or signs or symptoms of the pest, be

found present during official inspections that may be performed by the

Directorate, on imported susceptible plants, the Directorate shall issue

instructions for the actions to be taken.

(3)

(a) The movement of susceptible plants, shall be declared

through the Supplementary Declaration System of Malta (Intrastat) at

least forty-eight hours (48) before such movement takes place.

(b)

(i)

Plants of Palmae referred to in sub-

regulation (1) shall be accompanied by a plant passport

prepared and issued in accordance with the Plant Quarantine

(Harmful Organisms) Regulations.

(ii)

Such plants are subject to control measures

or obligations in terms of any guidelines issued by the

Directorate, or which the Director may, from time to time, deem

necessary to issue.

(1)

The Director shall revoke the measures taken to

control the pest or to prevent it from spreading only if the Director is

satisfied that no further risks exist.

(2)

These regulations are without prejudice to the Trees and

Woodlands Protection Regulations and the Propagation Material of

Ornamental Plants Regulations.

(3)

Nothing in these regulations shall be construed to

contravene the provisions of the Act and regulations thereunder, and,

or relative European Union Regulations, Directives and Decisions.

(4)

Without prejudice to the provisions of these regulations,

the Director is empowered to issue additional guidelines, as may be

necessary.