Cap. 433 Art. 25Compensation.

(1) Subject to the provisions of sub-article (2), where any plant material or other thing is destroyed or harmed by any measures taken to eradicate, contain or limit the spread of a notifiable plant pest, the Authority may compensate the owner of the plant material or item destroyed or harmed from monies voted for that purpose by the House of Representatives.

(2) The Authority shall not be obliged to compensate any person who has suffered loss as a result of action authorised under this Act if the action was taken to remedy a situation caused wholly or partially by that person’s negligence, failure to comply with lawful instructions or contravention of this Act.

(3) The Authority shall, on the advice of the Board, determine the amount of compensation payable in the circumstances of the case and may, by government notice published in the Gazette, prescribe the procedures to be followed to claim compensation.

(4) Any person claiming compensation for any seizure or destruction under this Act of anything which was not infested with plant pests or otherwise injurious to plants or beneficial organisms who is aggrieved by a decision of the Director under sub-article (3) may, make application to the Civil Court of competent jurisdiction, request a determination of the claimant’s interest in or right over the property, the amount of compensation payable and to obtain payment and shall have the right to appeal to the Court of Appeal against any such determination.