This content is exclusively provided by FAO / FAOLEX

Plant Protection Act (Chapter 35:02).

Country
Type of law
Legislation
Date of original text
Source

Abstract
This Act makes provision with respect to measures for the protection of plants from pests and diseases in Botswana. It, among other things, provides with respect to administration of plant protection, control on importation and exportation of plants and other plant-related material and the containment and eradication of diseases and pests.
The Act provides for the designation of National Plant Protection Organisation (NPPO) in accordance with the International Plant Protection Convention (IPPC) and defines its functions. The functions of the NPPO shall include: (a) the enforcement of this Act, as well as any other legislation relating to plant protection; (b) the implementation of the IPPC, and in particular: (i) issuing phytosanitary certificates and import certificates, (ii) carrying out surveillance of growing plants, including areas under cultivation and wild flora, and of plants and plant products in storage or in transit, for the purpose of reporting the occurrence, outbreak and spread of pests, and of controlling those pests, (iii) inspecting consignments of plants and plant products and, where appropriate, inspecting other regulated articles, for the purpose of preventing the introduction and spread of pests, (iv) carrying out pre-clearance inspections where requested, (v) disinfesting or disinfecting consignments of plants, plant products and other regulated articles, (vi) protecting endangered areas, and designating, maintaining and surveying pest free areas and areas of low pest prevalence, (vii) providing justification to other countries concerning phytosanitary measures to be applied, either through pest risk analysis or by reference to applicable international standards.
As for import control, no person shall import any plant, plant product or regulated article unless (s)he has a permit issued by the NPPO in the form set out in the Fifth Schedule. The NPPO may prohibit the importation of certain plants, plant products or other regulated articles except where accompanied by an original phytosanitary certificate and the Minister may, on the advice of the NPPO, prohibit or restrict the entry of any plants, plant products or other regulated articles.
The occupier or owner of any land or premises, who has knowledge of or suspects the presence of a quarantine pest thereon, shall immediately notify the NPPO. If the Minister is satisfied that any pest listed in the First Schedule is present at any premises (s)he may order that those premises be under quarantine. The Minister may declare areas meeting conditions set out by this Act pest free area.
Long title of text
An Act to prevent the introduction, spread and establishment of plant pests; to facilitate trade in plants; to enable Botswana to comply with its international obligations; and to provide for matters incidental thereto.
Date of consolidation/reprint
Notes
This Chapter seems to be a reedition (Act 21, 2007) of the previous Chapter 35:02, which is repealed by this Act, which is amended/implemented last by S.I. 85, 2017.
Repealed
No
Source language

English

Legislation Amendment
No
Implemented by