The Plant Health (Ips typographus) (England) Order 2019

Document Number:2019 No. 40
Coming into force:Coming into force on the 16/01/2019
 
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Statutory Instruments

Plant Health, England

Made

15 th January 2019

Laid before Parliament

16 th January 2019

Coming into force

4.00 p.m. on 16 th January 2019

The Forestry Commissioners make this Order in exercise of the powers conferred by section 3(1) , (2) and (4) of the Plant Health Act 1967(1).

Citation, commencement, extent and application

  1. —(1) This Order may be cited as the Plant Health (Ips typographus) (England) Order 2019 and comes into force at 4.00 p.m. on 16 th January 2019.

    (2) This Order extends to England and Wales but applies in relation to England only.

    Interpretation

  2. —(1) In this Order—

    “the 2005 Order” means the Plant Health (Forestry) Order 2005(2);

    “inspector” means any person authorised to be an inspector for the purposes of the 2005 Order;

    “premises” includes any land, building, vehicle, vessel, aircraft, hovercraft, freight container or railway wagon;

    “susceptible material” means—

    any wood of conifers (Coniferales) , other than in the form of wood packaging material or dunnage, which—

    retains all or part of its bark; or

    is in the form of chips, waste wood, logs, billets, twigs, faggots or is in other similar forms;

    any isolated bark of conifers (Coniferales);

    any trees of the genus Abies Mill., Larix Mill., Picea A. Dietr., Pinus L. or Pseudotsuga Carr. over three metres in height, including felled or fallen trees, other than fruit, seeds, leaves or foliage.

    (2) In paragraph (1) , “dunnage”, “isolated bark”, “tree” and “wood packaging material” have the same meanings as in the 2005 Order.

    Demarcated areas

  3. —(1) Where an inspector has confirmed the presence of Ips typographus on any premises, the Commissioners may, by notice, demarcate an area in relation to the infestation.

    (2) An area demarcated under paragraph (1) must be of such size as the Commissioners consider appropriate to reduce the risk of spread of Ips typographus, taking into account—

    (a) scientific and technical evidence and principles;

    (b) the biology of Ips typographus;

    (c) the presence of susceptible material;

    (d) other appropriate information concerning the presence or possible presence of Ips typographus.

    (3) A notice under paragraph (1)—

    (a) must be in writing;

    (b) must describe the extent of—

    (i) the demarcated area; and

    (ii) where the prohibitions in article 4(2)(a) are to apply, the parts of the demarcated area which are to be treated as the infested area and the controlled area;

    (c) must specify the categories of susceptible material to which—

    (i) any prohibitions in article 4(2)(a) are to apply; or

    (ii) any prohibition in article 4(2)(b) is to apply;

    (d) must state the date on which any prohibition in article 4(2) is to commence;

    (e) must be published in such manner as is appropriate to bring it to the attention of the public;

    (f) may...

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