Article 3 Demarcated areas

(1)

Where an inspector has confirmed the presence of sweet chestnut blight on any premises, the competent authorities 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 competent authorities consider appropriate to reduce the risk of spread of sweet chestnut blight, taking into account—

(a)

scientific and technical evidence and principles;

(b)

the biology of sweet chestnut blight;

(c)

the presence and biology of susceptible material of Castanea sativa and Quercus L.;

(d)

other appropriate information concerning the presence or possible presence of sweet chestnut blight.

(3)

A notice under paragraph (1)—

(a)

must be in writing,

(b)

must describe the extent of—

(i)

the demarcated area,

(ii)

the area which is to be treated as the infested area, and

(iii)

any area which is to be treated as the controlled area,

(c)

must specify the date on which the prohibitions in article 4(2) are to commence,

(d)

must be published in a manner appropriate to bring it to the attention of the public, and

(e)

may be amended or revoked, in whole or in part, by further notice.

(4)

Any premises which are partly within the infested area are to be treated as being within the infested area and any premises which are partly within any controlled area and not within the infested area are to be treated as being within the controlled area.