143   Minister may make pest control orders

(1)  The Minister may, by order published in the Gazette:

(a)  describe any land to which the order applies (the controlled land), and

(b)  declare any non-human mammal or any bird, insect, amphibian, fish, reptile, arthropod, insect, mollusc, crustacean or other member of the animal kingdom to be a pest on the controlled land, and

(c)  impose or confer any one or more of the obligations or powers described in subsection (2) in relation to that pest on the controlled land.

(2)  A pest control order may:

(a)  impose a general destruction obligation requiring the occupier of the controlled land to eradicate the pest by any lawful method or by a method specified in the order, or

(b)  impose a limited destruction obligation requiring the occupier of the controlled land to eradicate the pest by any lawful method or by a method specified in the order during specified stages of its development or life cycle, or

(c)  impose a notification obligation requiring the occupier of land to give the authority for the district in which the controlled land is situated notice of the presence of the pest on the land as soon as practicable after becoming aware of its presence, or

(d)  empower an authority to serve an order in accordance with this Part on any occupier or owner (other than a public authority) of the controlled land in its district requiring the occupier or owner to eradicate the pest by use of a method specified by the authority in the order (an individual eradication order), or

(e)  empower an authority to publish an order in accordance with this Part requiring all occupiers of land within its district (or a specified part of its district) to eradicate the pest by use of any method specified by the authority in the order (a general eradication order), or

(f)  confer power on any authorised officer or class of authorised officers to take measures to carry out work on the controlled land to eradicate the pest, or

(g)  confer on an authority the power to give approval (whether or not subject to any condition) for any person or class of persons to keep the pest in captivity on the controlled land, or

(h)  confer on an authority a power to approve or order the use (whether or not subject to any condition) of a method of eradication of a pest other than a method (if any) that is specified in the pest control order, or

(i)  prohibit the administration of any substance specified in the pest control order to the pest, or

(j)  require an authority to supply materials that have been provided to it for the eradication of the pest on controlled land within its district free of charge to the occupier or owner of the land.

(3)  An order may specify a method of eradication to be used in relation to a pest on controlled land that involves application of a substance or thing from the air.

(4)  An order must not specify any method of eradication in relation to a pest that would constitute an act of cruelty committed upon an animal within the meaning of the Prevention of Cruelty to Animals Act 1979.

(5)  The Minister may not make an order declaring any member of the animal kingdom that is protected fauna or a threatened species to be a pest.

(6)  The land to which an order applies may be private land or public land, or both.

(7)  An order may be made so as:

(a)  to apply generally or be limited in its application by reference to specified exceptions or factors, or

(b)  to apply differently according to different factors of a specified kind.

(8)  In this section:

public authority means a public authority other than a local authority.