Insect Pests Act 1894 (WA)

WESTERN AUSTRALIA

ANNO QUINQUAGESIMO OCTAVO

VICTORT7F1 REGME

No. 32

An Act for the Prevention and Cure of Diseases in Vines,

Fruit Trees, and other Vegetation.

[Assented to 28th November, 1894.

Legislative Assembly of Western Australia, in this present Parliament with the advice and consent of the Legislative Council and assembled, and by the authority of the same, as follows :— BE it enacted by the Queen's Most Excellent Majesty, by and

:Short title 1. This Act may be cited for all purposes as The Insect Pests

Act, 1894.'

2. In this Act-

Interpretation ' Bureau of Agriculture' shall mean the persons appointed as

such by the Governor.

Inspector' shall include assistant inspector.

Appointment

3. The Governor may from time to time, upon the recommen- dation of the Bureau of Agriculture, appoint a chief inspector and such persons as he may deem fit to be inspectors or assistant inspectors under this Act of orchards, vineyards, nurseries, and gardens, and every such person and his assistants may, on producing his appointment in writing, if requested so to do, and without notice, enter at all reason-

of inspectors

Power of in. able hours in the daytime into and upon any lands or tenements on specters or in which any fruit trees, grape vines, or other vegetation may be

planted or growing, whether enclosed or not, for the purpose of ascertaining whether any such fruit trees, vines, or other vegetation are or is infected with any insect pest, fungus disease, or any other disease or disorder detrimental to their health and growth, and no inspector or his assistants shall be deemed trespassers by reason of such entry, or be liable for any damage occasioned in the carrying out of this Act, unless the same was occasioned wilfully and without necessity.

58 VICTORLE. No. 32

The Insect Pests Act, 1894

4. (1) If any inspector is of opinion that any such insect pest, Bureau of Agri-

fungus disease, or other disease or disorder exists in any orchard, r°0"pito'r7,;;11„spm, vineyard, nursery, or garden, he shall without delay report the same tor, may directin writing to the Bureau of Agriculture, and in such report shall ruesnerto be

state what, in his opinion, the pest, disease, or disorder is, as well as his opinion as to the most desirable means to effect its cure ; and upon receipt of such report the Bureau of Agriculture may call upon the occupier of such orchard, vineyard, nursery, or garden, to take such measures as the Bureau shall deem efficient for the eradication of such pest, disease, or disorder : provided, nevertheless, that such measures shall aim in the first place at the restoration to health of the fruit trees, vines, and other vegetation affected, and not at their

any fruit tree, vine, or other vegetation is infected with insect pests, order destruction

destruction ; but if it is reported to the Bureau by an inspector that in certain case:,

or diseased or disordered to such an extent as is likely to render all attempts to eradicate the same ineffectual, the Bureau may, by order addressed to the inspector so reporting, direct the destruction of such tree, vine, or other vegetation, and any inspector or his assistants may thereupon enter upon the lands whereon the same may be, and effect such destruction, subject, except in the case of the disease in grape vines known as Phylloxera,' to the provisions hereinafter contained.

(2) Every such order shall be served upon the occupier of order to be

the orchard, vineyard, nursery, or garden wherein any tree, vine, or seirev p red on occu-

other vegetation so ordered to be destroyed may be, and such occupier may, within seven clear days after the service of such notice, apply for, and obtain from any Resident Magistrate an order Occupier may o btain e nter

restraining such destruction, and a summons calling upon the Bureau restra ining

of Agriculture to show cause before such Resident Magistrate why destruction anti	summon Bureau
the order for such destruction should not be discharged, and such

summons shall be heard and determined, and the costs of and Magistrate may

incidental thereto adjudged in like manner in all respects as any discharge orderto destroy

other summons under the provisions of the Ordinance passed in the

fourteenth year of Her present Majesty, and numbered five.

(3) Any such summons, and any order thereupon, may be served upon the inspector to whom the order of the Bureau is ad-	Service of
process
dressed.
(4) The Bureau„ or any person aggrieved, may appeal to the Supreme Court from any order of a Resident Magistrate under this section.	Appeal
5. In every case where the Bureau of Agriculture, under the provi- visions of the preceding section, shall call upon the occupier of any	Bureau of Agri-

lttrutre mttioogstto

m

orchard, vineyard, nursery, or garden in which any pests, disease, or	the occupier
disorder shall be found to exist, to take measures for the eradication of the same, the Bureau shall do so in writing, under the hand of their Secretary, setting forth the measures to be adopted, and instructing the said occupier to carry them into effect.
6. If the occupier of any orchard, vineyard, nursery, or garden shall neglect or omit to carry out such instructions as he shall have	occupier, in-On neglect of
spector may

58 VICTORIX. No. 82

The Insect Pests Act, 1894

carry out

instructions it shall be lawful for the Bureau of Agriculture, by writing under	received as aforesaid within such time as shall be specified therein,
the hand of their Secretary, to authorise any inspector, together with any assistants, to enter upon the premises of such occupier at all reasonable times, and to perform all acts and things required to be performed by such instructions so neglected or omitted to be carried out as aforesaid.
recovered
Expenses	7. All the expenses incurred by the Bureau of Agriculture in carrying out the provisions of the preceding section, in regard to any orchard, vineyard, nursery, or garden, may be recovered in a summary way before any Justice or Justices of the Peace, on the complaint of an inspector, under the provisions of the Ordinance passed in the fourteenth year of the reign of Her present Majesty, and numbered five.
summarily
Bureau may,

If no occupier, 8. In the event of any insect pest, fungus disease, or other disease

without notice,	or disorder being reported to the Bureau of Agriculture by an inspector
take measures
to eradicate	to exist in any orchard, vineyard, nursery, or garden, or other place
pests, Stc., or	which is not in the occupation of any person, the Bureau may, without
may order do.
striation of	notice, take such measures to eradicate the pest, disease, or disorder,
trees, 44e.	as they may deem necessary, and may order the destruction of any tree, vine, or other vegetation in any such orchard, vineyard, nursery, garden, or other place, and for carrying out any of the objects afore- said, any inspector, with his assistants, may enter upon any lands and premises, and shall not be deemed trespassers thereon, or be liable to any action, or other proceedings, by reason of anything done under the provisions of this section.
Mutual agree-
ment between	9. Nothing in this Act contained shall prevent a tenant from be entitled to recover from his landlord any expenses which he may have incurred in the carrying out of the instructions of the Bureau of Agriculture under the provisions of this Act.
landlord and	making any agreement with his landlord, whereby such tenant shall
tenant
Rules and
regulations	10. The Bureau of Agriculture may from time to time, with the approval of the Governor, make, publish, alter, and repeal Rules and Regulations for the efficient carrying out of the objects of this Act : Provided that such such Rules and Regulations be not inconsistent with the foregoing provisions of this Act.

IV. C. F. ROBINSON,

GOVERNOR.