Diseases in Plants Act of 1916 (7 Geo v No. 8) (Qld)

AGRICULTURE. 7397 7 GEO. V. No. 8, 1916. Diseases in Plants Act. An Aot to Prevent the Introduotion and to Provide 7NGoe.o. 8V. . for the Eradioation of Diseases affeoting THE Vegetation, and for other purposes. DISEASES IN PLANTSAOT OF UH6. [ASSEN1'ED TO 28TH NOVEMBER, 1916.J B E it enacted by the King's Most Excellent Majesty, by and w.ith the advice and consent of the Legis- lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows :- 1. This Act may be cited as " The Diseases in Plants Short title Act of 1916," and shall come into operation on the first : ~ ! mence. day of January, one thousand nine hundred and seventeen. ment of Act. 2. "The Diseases in Plants Act of 1896"* is repealed: Repeal of 60 Provided that without prejudice to the Acts Shortening Vic. No. 25. Actst such repeal shall not affect any proclamation, regulation, notification, appointment, authority, direction, notice, or order madecor given under such repealed Act. 3. In this Act, unless the context otherwise indicates, ~ terpreta. the following terms have the meanings set against them :8;ic. respectively, that is to say:- . No. 25, s. 2. " Disease" -Any disease affeeting trees, plants, Disease. fruit. or vegetables caused by or consisting of the presence of any insect or fungus; and any other disease affecting trees, plants, fruit, or vegetables which the Governor in Council from time to time, by proclamation, declares to be a disease within the meaning of this Act, and whether or not caused by or consisting of the presence of any insect or fungus; " Diseased"--Affected wit,h disease; Diseased. " Fruit"-The edible product of any plant, whether Fruit. such fruit is or is not attached to t,l;te plant: the term includes the peel, skin, or shell of such product and also the seeds of such plants; " Fruit district"-A fruit district proclaimed under Fruit this Act· , district. "Fungus"-Any fungus or vegetable parasite Fungus. which the Governor in Council from time to time, by proclamation, declares t,o be a fungus within the meaning of this Act, in whatever stage of existence such fungus or vegetable parasite may be; * 60 Vie. No. 25, supra, page 46. t 31 Vie. No. 6 and 3 Edw. VII. No. 10, supra, pages 15 etseq.

·7398 Insect. Inspector. Minister. Nursery. Occupier. Orchard. Owner. Pest. Plant. Prescribed. Regulations. This Act. Tree, plant, vegetable. AGRICULTURE. Diseases in Plants Act. 7 GEO. V. No. 8, "Insect"--Any insect which the Governor in Council from time to time, by proclamation, declares to be an insect within the meaning of this Act, in whatever stage of existence such inRect may be; " Inspector"-Any inspector appointed under this Act: the term includes the Director of Fruit Culture; " l\Hnister"-The Secretary for Agriculture or other Minister of the Crown for the time being charged with the administration of this Act; " Nursery "-Any place where plants or fruit- trees are grown for sale; " Occupier"-The person in actual occupation of any land, or if there is no such person then . the person ent,itled to possession thereof; "Orchard"-Any place within a fruit district where one or more fruit-producing plants are grown; "Owner"-The person other than His Majesty who is for the time being entitled to receive the rent of any land, or who if the same were let to a tenant at a rack rent would be entitled to receive such rack rent, ; " Pest"-Any plant, insect, or fungus which the Governor in Council from time to time, by proclamation, declares to be a pest in any fruit district; " Plant"-Any tree, vine, flower, shrub, vegetable, or ot,her vegetation of economic value, or such other plants as the Governor in Council from time to time, by proclamation, declares to be plants; "Prescribed"-Prescribed by this Act or the regu- lations; . " Regulations"-Regulations made under this Act; "This Act"-This Act and all proclamations and regulations made or purporting to be made thereunder; "Tree," "Plant," and" Vegetable" rel?pectively include the fruit or other product of any tree, plant, or vegetable, and every part of any tree, plant, or vegetable, and of the fruit 01' product thereof.

AGRICULTURE. 73~ 1916. Diseases in Plants Act. 4. The Governor in Council may from time to time, P.owersin by proclamation, declare- aId .of Act. (i.) That the introduction into Queensland from Introductkn another Sta.te in the Commonwealth, or into.of pl~ nts. any portI . On 0 f Q ueensIand specl' fied I . II sueh N 60 o. V 2 lC 5 . , s. 4. Proclamation, of any or every tree, plant, or vegeta,ble which is, in his opinion, likely t,o introduce any insect, fungus, or disease, shall be either absolutely prohibited or permitted only as prescribed; (ii.) That the removal of ·any or every tree, plant, Removal of or vegetable from or out of any nursery, t~ ants5 orchard, or other place shall be either abso- . s. . lutely prohibited or permitted only as pre- scribed; (iii.) Any district, the boundaries of which are defined Fruit in such proclamation, to be a. fruit district districts. for the purposes of this Act; (iv.) Any disease affecting trees, plants, fruit, or Disease, &.0. vegetables to be a disease, or any fungus or vegetable parasite to be a fungus, or any insect to be an insect, respectively, within the meaning of this Act; (v.) Any plant" insect, or fungus to be a pest in Pests. any fruit district, and that such pest shall be dealt with as prescribed. 5. The Governor. in Council may from time to time Appoint- saaprpyoitnot bseucI. lhlsqpuecatloifrisedunpdeersrotnhsI'Sas ~ ' A " 1 m .ct, ayanbdemdaeeym f reodmnetcI . mese- m ~ lb e s . n ps t e.c. o 8 t. f . ors. to time suspend, dismiss, or remove any such inspectors. The Governor in Council may provide for the remuneration of any such inspectors out of any moneys appropriated by Parliament for that purpose. The production of a copy of the Gazette containing any notice of the appointment of any person to the office of an inspector shall be sufficient evidence of such appointment. 6 .. (1.) Every occupier or owner of an orchard shall, Registration on or before the thirty-first day of March in every year, .of orchards. register his orchard by furnishing a return as provided by the First Schedule to this Act. Sch. I. (2.) Every occupier or owner of a nursery shall, OnRegistrat!on or before the thirty-first day of March in every year, .of nursenos.. register his nursery by furnishing a return as provided by the Second Schedule to this Act. Sch. H.

1400 AGRICULTURE. Diseases in Plants Act. 7 GEO. V. No. 8, Failure to register. (3.) Failure to comply with this section shall ronder the occupier or owner liable to a penalty of not less than one pound nor more than five pounds for a first offence, and not less than two pounds nor more than ten pounds for any subsequent offence. Introduction 7. (1.) No person shall introduce or cause to be oofrprleamntosv,& alc. • l • nt roduced ' Int ouQeensIan dany' Insect, fungus, t ree, contrary to plant, or· vegetable contrary to this Act. Act. . 60 Vic. (2.) No person shall remove or cause to be removed No. 25, s. 7. from or out of any nursery, orchard, or other place any tree, plant, or vegetable contrary to this Act. Insects, fungi, packages, &c., may be seized. lb. s. 9. 8.- (a) Every insect and every fungus and every tree, plant, and vegetable introduced into Queens- land, or removed from or out of any nursery, orchard, or other place contrary to this Act; and (b) Every diseased tree, plant, or vegetable intro- duced into Queensland or removed from one part of Queensland to another part thereof ; and (c) Every box, basket, package, or case harbour- ing, infested by, or containing any such insect, fungus, tree, plant, or vegetable, as in para- graph (a) or (b) hereof mentioned ; may forthwith be seized by or on the order of the Minister or any inspector, and shall be dealt with, whether by the destruction thereof or otherwise, as the Minister or such inspector may direct. Powere of inspectors. lb. 88. 10, 11. 9. Any inspector may- (Ct) Seize and detain any tree, plant, and vegetable suspected to be diseased, which is being intro- duced into Queensland or removed from one part of Queensland to another. part thereof, and every box, basket" package, or case which is sURpected to contain any diseased tree, plant, or vegetable, or to harbour or to be infested by any insect or fungus, and remove and examine the same; (b) Without notice, and with or without such assistants as he may think fit, enter at all reasonable times upon any land upon which any diseased tree, plant, vegetable, or pest is or is suspected to be growing or to exist, for

AGRICULTURE. 7401 1916. Diseases in Plants Act. . the purpose of searching for and examining such tree, plant, vegetable, or pest, and may remain on such land so long as may be reason- ably necessary for such purpose. 10. (1.) When a-ny inspector finds upon any land any Occupier or tree, plant, or vegetable which is in his opinion diseased, b::J::l he may issue an order to the occupier, or if there is no t? eradicate occupier then to the owner of such land, directing him~ : to take, within a time after the service of such order to No. 2~ , s. 12. be therein stated, all such measures for the eradication of such disease (other t,han by destruction of the tree, plant, or vegetable) as are in his opinion necessary, and are set forth in such order, or as are prescribed for the treatment of such disease. - (2.) But when, in the opinion of the inspector, such disease cannot be eradicated otherwise than by the destruction of the tree, plant, or vegetable,' and also when it is in his opinion necessary for the prevention of the spread of any virulent disease that any trees, plants, or vegetables which are not affected thereby should be destroyed, he shall report the fact to the ]\finjster, who may thereupon issue an order to the occupier, or, if there is no occupier, to the owner of the land whereon such trees, plants, or vegetables are, directing him to destroy such trees, plants, or vegetables within a time after the service of such order to be therein stated, and in such manner as is thereby directed or as is prescribed. 11. When any inspector finds upon any land any Dealing with pest he shall issue an order to the occupier, or if there is pests. no occupier then to the owner of such la.nd, directing him, within a time to be stated in such order, to destroy such pest. 12. (1.) If any such owner or occupier fails to comply When with the direction contained in any order of an inspector inspectors or the Minister served upon him, he may, on the com- : : ~ s= to plaint of an inspector, be summoned to appear before ~ ca. te any court of petty sessions to show cause why such order lb. : .~ 3. should not be enforced, and if, on the hearing of such complaint, the defendant fails to show cause satisfactory to the court for such default, the court may authorise any inspector, with or without assist,ants, to enter upon such land at all reasonable times and to take such measures for the eradication of such disease or the destruction of such trees, plants, vegetables, or pest as may be necessary for the enforcement of such order.

74'02 A.GRICULTURE. Diseases in Plants Act. 7 GEO. V. No. 8, Recovery of (2.) The amount of any costs, charges, and expenses : ~ ~ B. and incurred by any inspector in or about taking such measures expe~ se· · as aforesaid shaJl, in addition to or in lieu of any pro- ~ ov~ ~ .. B. 15. ceedings for the recovery of a penalty, be recoverable from the occupier, or if there is no occupier then from the owner of the land, by complaint in a summary way or by action in any court of competent jurisdiction, and, until paid, shall be and remain a first charge upon the land and payable by the owner thereof for the time being: Provided that an unsa.tisfied judgment or order for· the recovery of any such costs, charges. or expenses sha.ll not be a bar to the recovery thereof from any other person liable to the payment thereof. Proof of order. lb. 8. 13. 13. The production of any order purport.ing to -be signed by the Minister or by the Director of Fruit Culture, or by any inspector, or of any certified copy thereof, shall, in the absence of proof to the contrary, be sufficient evidence of the due making of such order, and that it was duly signed by the person by whom it purported to be signed. ~ Mice. &0., 14. If there is no occupier of any land and the owner 1f no . dthereof is absent from the State, service of any document ~ = er an under this Act may be made by delivery thereof to the ~ ~ or: ' recognised agent (if any) of such owner in Queensland. If there is no such recognised agent of the owner, or if the owner is unknown, service of any such document . may be made by affixing the same in some conspicuous place upon such land, and by the pubJicati9n of a copy thereof. in some newspaper circulating in the neigh- bourhood thereof. It shall not be necessary to specify in any such document the name of any person as the owner of any land the owner of which is unknown. The court may, if satisfied that there is no occupier of such land and that the owner thereof is absent from Queensland or is unknown, proceed to hear and adjudicate upon any complaint in respect thereof ex parte, and in such case the expenses of any such proceeding ordered to be paid by the defendant shall, until paid, be and remain a first charge on such land and payable by the owner .thereof for the time. being. Occupier to 15. No proceedings shall be taken against any owner b p e ro f c i e rs e t ded of land for failing to comply with any notice or order to against. eradicate aJl disease from or destroy insects or fungi on lb. B. 16. trees, plants, or vegetables upon such land until the pro- visions of this Act have been enforced against any occupier

AGRICULTURE. 7403 1916. Diseases in Plants Act. of such land where such disease, insects, or fungi have beeIifound. 16. (1.) No inspector, and no person acting under the Immunity of direction or order of· an inspector, shall be deemed. to : : do~ tr: s. be & trespasser by reason of any entry or destructIOn 60 Vie. ' under this Act, or be liable for any damages occasioned by No. 25, s. 16. carrying out of this Act, unless the same were occasioned maliciously and without reasonable or probable cause. No person shall be entitled to receive any com- pensation whatsoever in consequence of any measures laWfully taken for the eradication of any disease, or the destruction of any insect or fungus or any prohibited or diseased tree, plant, or vegetable, or in respect of any loss or injury that may result to him therefrom either directly or indirectly. (2.) Provided that in any case where any tree, plant, Compensa. or vegetable not diseased is destroyed, by or under the tion i? direction of the Minister for the purpose of preventing certam C8M8. the spread of any virulent disease, the owner of the tree, plant, or vegetable so destroyed shall be entitled to such compensation therefor as the owner and the Director of Fruit Culture may mutually agree upon; and failing their so agreeing the matter shall be submitted to an arbitrator to be chosen by the owner and the Director, or, if they cannot agree on an arbitrator, to be chosen by the Minister; and the decision of the arbitrator shall be final. Such compen- sation shall be deemed to be an expense under this Act. 17 .' No action shall be brought aga.inst any person Limitation acting in the execution of this Act for anything done of actions. thereunder u nl ess the sa.me I.S commenced Wl ' , thI' n four Ih.s.17. months after the act complained of has been committed. 18. (1.) Every person shall be guilty of an offence Offence!!. against this Act who- ' lb. ss. 18,19, (a) In any manner obstructs or impedes any 20. person in the execution of any of the powers conferred by this Act; or (b) Disobeys or neglects to comply with this Act or any .order given in pursuance thereof. (2.) If any person is guilty of an offence against this Act he shall be liable'to a penalty not exceeding twenty pounds. (3.) All penalties incurred for any offEmce against this Penalty. Act may be recovered in a summary way under" The Justices Acts, 1886 to 1909,"* on the complaint of any inspector or other person authorised by the Minister. ... 50 Vie. No. 17 and amending Acts, Bupa, pages 1132 et Beq.

7404 AGRICULTURE. Diseases in Plants Act. 7 GEO. V. No. 8, Reooveryof In every case where a conviction is obtained, the penalties. Court may adjudge the defendant to pay to the prosecutor all proper expenses of the prosecution. Publication 19. Every proclamation issued under this Act shall ;nd effeot of be published in the Gazette, and upon such publication ti:: lama- shall be read as one with this Act and be of equal validity. s. ~ o: J~: 6. Every such proclamation shall be laid before both Houses of Parliament within fourteen days after the publication thereof if Parliament is then sitting, and if not then within fourteen days after the next assembling of Parliament. Expenses of 20. All expenses incurred in the administration of ! A b o . li s . .21. b thyis P Aarcltiasmhaelnltbfeorptahidatopuut ropfosme. oneys to be appropriated Regulations. 21. The Governor in Council may from time to time lb. s. 22. make all such regulations as he deems necessary for carrying out this Act; without limiting the generality of this provision, regulations may be made for all or any of the following purposes, namely :- , (1) Securing the detention and examination of trees, plants, and vegetables which are sus- pected to be diseased, and of boxes, baskets, packages, and cases which are suspected to contain diseased trees, plants, or vegetables, or to harbour or to be infested by insects or fungi; (2) Securing the effectual treatment of diseased trees, plants, and vegetables a,nd the effectual destruction of insects and fungi and pests ; (3) Securing the disinfecting of boxes, baskets, packages, and cases used for shipping or forwarding fruit to any dostination previous to the same being returned to any orchard, store-room, sales-room, or other place; (4) Securing the efficient inspection of orchards and nurseries ; (5) Defining the qualifications and duties of inspec- tors under this Act; (6) Presqribing penalties not exceeding twenty pounds for the breach of any regulations. All such regulations shall be published in the Gazette, and upon such publication shall be read as one with this Act and be of equal validity.

1916. AGRICULTURE. Diseases in Plants Act. Such regulations shall be laid. before both Houses of . Parliament within fourteen days after such pUblication if Parliament is in session, and, if not, then within four- teen days after the commencement of the next session. If either House of Parliament passes a resolution disallowing any such regulation, of which resolution notice has been given at any time within fourteen sitting days of such House after such regulation has been laid before it, such regulation shall thereupon cease to have· effect, but without prejudice to the validity of anything done in the meantime. For the purpose of this section, the term "sitting days" shall mean days on which the House actually sits for the despatch of business: Provided always that if such regulations are not duly laid, before Parliament as hereinbefore prescribed they shall thereupon cease to have any force, effect, or operation whatsoever. 7405 SOHEDULE 1. " The Di8ea8es in Plants Act 0/1916." ORCHARD RETURN, 1ST JANUARY, 19 I, of , of , in the Fruit District , do hereby solemnly and sincerely declare I am t.he owner ~ occupier of an orchard, containing- and * Fruit trees t Bananas t Pineapples acres. acres. t Vines acres. and that the above is a just and true account. [Signature.] [Date.] * Stafi9 number of fruit trees. t State number of acres. SOHEDULE lI. " The Di8eases in Plants Act 0/1916." NURSERY RETURN, 1ST JANUARY, 19 T, of ,do hereby solemnly and sincerely declare I am the owner ~ occupier of a nursery the area and of which is acres, and that the above is a just and true account. [Signature.] [Date.J