Phylloxera Act 1899 (SA)

ANNO SEXAGESIMO SECUNDO ET SEXAGESIMO

TEKTTO

VICTORIB REGINB.

No. 724.

An Act relating to the Protection of Vineyards.

[ Asse~tted to, December z ~ s t, 1899.1

E it FJnacted by the Governor, by and with the advice and

B consent of the Parliamcnt of South Australia, as follows:

1, This Act may be cited as " The Phylloxera Act, 1899," and fjhort title.

shall come into operation on the thirty-first day of December, one

thousand cight hundred and ninety-nine.

2, I n this Act and in all proceedings t<hereundcr the terms in Interpretation.

inverted commas shall have the meanings stated, except where

some other meaning is clearly intended :-

cc Act" includes regulations:

Board " means the Board created by this Act:

'L Disease" means the disease in grape vines known as PliylZoct.em

vastat~ix :

"a Diseased " means affected, or liable by reason of having been

in contact to bc affected, with discase:

'' Inspector " means any inspector of vineyards appointed under

or by this Act:

c c Minister " means the Minister of Agriculture:

Quarantine " means to isolate in any manner hereinafter pro-

vided:

Secretary" includes the Provisional Secretary:

A-724 " Uprooted "

62' & 63' VICTORIE, No. 724.

The Phylloxera Act.--1899.

Uprooted " means the removal of the whole of the original

cutting, layer, or ,stock:

- C L vine $9 means a grape vine, alive or dead, or any vine cutting

or part of a vine:

Vineyard " means and includes any paxel of land whereon one

or more vines may be planted, growing, or found.

Districts defined. 3, For the purposes of this Act the province is divided into

the districts defined in Schedule I. hereto.

Division. 4. This Act is divided into the following parts :-

PART I. T h e Board:

PART IL-The	Vignerons7 Roll:
PART 111.--The	Fund:

PART ]v.-Inspectors :

PART v.-powers and Duties of Boarcl:

PART VI.-Compensation :

PART	vr I.--Offences and Penalties:
PART	VIIT.-Miscellaneous,

PART I.

THE BOARD,

First Board. 5. Thomas Hardy, George Fullerton Clcland, Henry Maydwell Martin, Willimn Patrick Add: Herrnan Riiring, Benno Seppelt, Maurice TtTilliam fIoltze, and Arthar Jaxnes Yerkins shall be n Provisional Board, and shall appoint a Provisional Secretary.

hold office until 6. The Provisional Board shall hold o&e nnt-il the election of

election. the Board as hereinafter directed.

Constitution of fnture 7, The Hoard shall consist of eight mcnibcrs, six of ~vhonl shall

Boanls.	be electcd as hereinafter provided, and two shall be appointed by the Minister. The first election shall ta'ke place on the thirty-first day of March, one thousand nine hundred, and nominations for such election shall be in the hands of the Secretary on or before the first
day of March, one thousand nine hundred, and, save as aforesaid,
shall be subject to the provisions of sections 8 and 9.

Representatives. 8, One member shall be elected for each district by the persons

named in the roll for that district.

Eleotion. 9, The elective members of the Boarit shall be electd when

necessary, as follows :-

( a ) Any three electors may nominate c? ~andicla~tc willing to act

for and represent their district: (6) Such

62O & 63' VICTORIE, No. 724.

The Pylloxem Act.-1 899.

( b ) Such nomination shall be addressed to the Secretary, and

shall be in his hands on or before the thirty-first day

of January:

PART

(c) The names of candidates shall be forthwith forwarded to each

elector of the district, who may, before the first day of March following, each vote for a representative from persons so nominated, and shall forward their voting paper to one of the scrutinecrs:

((l) Maurice William Holtze and Arthtu. James Perkine shall be

the provisional scrutineers, and after the election of the Board the two membcrs appointed by the Minister shall be the scrutineers:

( c ) Each elcctor shall only vote in respect of one district, and

shall have-

One vote if the area of thc vineyard in respect to which hc is named in the roll is onc acre and docs not exceed ten acres; two votes if such arca exceeds ten acrcs and does not excecd twcnty-five acres; three votcs if such area cxcccds twcntv-five acrcs and docs not exceed fifty acres; onc adhitional vote for every fifty acres or por- tion of fifty ncros after the first fifty acres of such area:

(, f ) During the month of March, and so soon as practicable after

each extraordinary clcction, the Minister shall, by notice i11 the Governnzcnt Gazette, declare the names of the persons elcctcd, and such notice shall bc conclusive evidence of such election:

(g) In case of equality of votcs the Minister shall have a casting-

votc:

( h ) Members as well of thc Provisional Board as of thc Board shtdl be eligible for re-election or re-appointment.

10. A Board mccting shall takc place within'fourteen days after Filst meeting.

the publication of the notice at a time and place to be appointed

by the Minister.

The mcmbers present shall elect a chairman from among their Chairman.

number, and shall appoint a Secretary, who shall not be a member

of the Board.

A quorum shall consist of not less than four members, Quorum.

The Board shall make such regulations concerning its internal Regulations.

management as shall bc necessary.

11. The elcctive members of the Board shall hold office for the Member8 of all future

r ", " ~ d ~ ~ ~ l ~ ~ ~ ~ first days of January in the years one thousand nine hundred and

term of two ycars, except the original members of the first elected

two,

62' & 63' VICTORIE, No. 724.

The Ph,yZloxern Act -1899.

PART	r.	two, one thousand nine hundrccl and thrce, and one thousand nine hundred and four, bc chosen by lot to retire, and shall ceasc to hold
office according1 y,

Extraordinary 12. If any member shall be absent for three consecutive meetings,

vacancies.	or become physicallv or mentally incapable of acting, or go to reside abroad, or resign? & desire to be discharged, the Minister shall de-
clare his officc vacant; and if such person shall have been originally
appointed by the Mii~ister, shall appoint some other person to act in his place; or if such person shall have been electcd by the vigncrorrs, an extraordinary clectioa shall take place. Electiv e members shall hold officc until notification of the election of their successors.

Members to be 13, No member shall be paid for his services as such, but any

honorary.	member may be paid his actual and necessary travelling expenses
out of the fund.

PABT 11. PART 11.

THE VIGNERONS' ROLL.

Owners to furnish

returns.	14, On or before the thirty-first clay of January, one thousand nine hundred, the owner of every vineyard cxceedirig one acw in extent shall furnish to the Sccrctary a return in the form of Schedule
IT. hereto.
Vignerons' roll.	15, From the returns thc Board shall compile a. vignerons' roll, containing the particulars comprised in such returns, ancl shall cxhibit such roll at every Ilistrict C'ouncil office for c2 pcriocl of fourteen days, and notice thereof shall be pu blishcd in the Gooernment Gnzettc
and in such other manner as the Board may determine.

Corrections. 16, Any person may within such time lodge with the Secretary a

noticc requiring the correction of the roll.

Revision. 17, The Board shall thereupon settle such requisitions in x11c31 rnanncr as it may thmk fit. The revised roll shall thereupon become

the vignerons' roll for the then current yem.

Owners of new vine- 18, A11 persons thereafter planting vineyards exceeding one acre

yards to furniah

returns.

in extent shall in lilic manner furnish further returns from time

to time, and the ~ignerons' roll shall be ainencled from year to year

accordingly.

PART 111.

THE FUND.

Creation of rates. 19, An annual rate per acre may be declared by the Board of

Three Pence on all vineyards exceeding one acre in extent which have been, are now, or may hereafter be planted with vines if when

and

62' & 63' VICTORIE, No. 724.

The Phylloxf~a Act.-1899.

and so soon as such vines shall have attained the age of two years;.	-	-	-	PART	-	p -p	m.
of Six Pence on all such vineyards which have been so planted for four but less than eight years; and of Onc Shilling on all such vine- yards which shall have been so planted for eight years or longer. Every winemaker and every distiller shall pay a rate of Six Pence for every ton of grapes annually purchased by him.

20, All rates shall be paid on the first day of May in each year, Rates, when and

beginning on the firet day of May, one thousand nine hundred and where payable.

one, and shall he payable at the office of the Commissioner of

Taxes.

21, No vineyard of less than one acre shall be liable to any rate. Exemption.

22, The Commissioner of Taxes shall pay such rates when Pbglloxera Fund.

collected to the Treasurer to the credit of an account to be called

The Phylloxera Fund."

23. The rates shall be collected and levied or recovered by the Rates, how recover-

Commissioner of Taxcs in the like manner as thc land tax is, and able. shall be recoverable with and under the like penalties for delay or default in payment thereof.

24, The Treasurer is hereby authorised to pay out of such fund Payment of expenses

all such costs, charges, salaries, travelling and other expenses, and cornpensation which ma,y arise in and about the administration of this Act. Such paynwnts may bc made on thc warrant of the Board, signed by the 6hairrnan and any other member of the Board.

25, Thc fund and all fnture interest thereon shall from time to Inveetrnent of fund.

time be invested in Treasury bills, Government bonds, or bonds

guaranteed by the Government.

PAR'I' TV, PART m.

INSPECTORS.

26, Every member of the Board shall be an inspector ex oflcio, Members of Board.

27, The Board may appoint such other persons as they may think ~ppointment of

fit to be inspectors. inspectors.

28, Noticc of any such appointment shall bc forthwith published Notice of appoint-

in the Goverwment Gazette. ments.

39, Every inspector, between the hours of seven o'clock in the Powersofinspectota.

morning and five o'clock in the afternoon, may-

(a) Enter into or examine at any time, with or without assistants, any vessel, vehicle, building, land, or place suspected to contain any vine or grapes brought into the provincc, and

search

62' & 63' VICTORIE, No. 724.

The Phyllo~vera Act-1 899.

PART IT. search therein for disease, and may remove such vines or grapes to a quarantine for further examination, and may aestroy suchas may be found to be diseased:

( b ) With or without assistants, enter any vineyard and examine

any vine or grapes, and, by notice in the form of Schedule III., may temporarily quarantine any vineyard in which he

finds any sign of disease pending yeport to the Board and

action thereon. Such report shall be madc forthwith.

PART v. PARIT V.

POWERS AND DUTIES OF BOARD.

~ e n e r a ~ powers, 30. Upon receipt of any report referred to in section 29: sub-

section ( b ), the Roard shall-

(a) Quarantine all such area or areas of such vineyard within a

radius of two chains from any spot or spots where disease is or is suspected to be until the nature and extent of such disease has been ascertained:

(b) Cause all quarantined arcas to be clearlv indicated by flags,

fences, or other similar means:

(c) Cause a11 vines in such quaiantined arm to be destroyed with bisulphide of carbon and aftcrtvards uprooted and burnt:

(d) Take such other precautionary measures as it may deem

necessary to prevent the spread or continuation of the

disease:

( e ) Upon being satisfied that no disease exists immediately release such vineyard from quarantine.

Neglected vineyards.

31, All vineyards which in thc opinion of thc Roard have

remained unused or tzbancioned for a period of two years after

the passing of this Act may bc destroyed.

Begulatione.	.	32, The Board may make regulations for the clue carrying out of the provisions arid objects of this Act. Such regulations shall be submitted to t l ~ e Minister, antl, if approved by him, shall be published in the Gol;emment Gazette, and shall thereup011 have the same force and effect as if emhodicd antl forming pn1.t of this ,4ct. All such regulations shall be laid before Parliament within fourteen days after such publication if Parliament be then sitting; if not,
then within fourteen days after the opening of the next Session of
Parliament . --

PART vr. PART VI.

Aeaessment of 33. Compensation shall be paid on the recommendation of the

compensation. Board, but not otherwise, to the pcrson or persons entitled thereto in respect of ~ l l vineyanls and pu ts of vineyards destroyed under

the

6 2 O & 63O VICTORIA?, No. 724.

The Phylloxera Act.-1899.

the provisions of this Act, and i n respect of all persons, gardens, -

I'ART v].

orchards, or produce injilriously affected by the performance of any of the ,powers and duties of the Hoard. such compensation shall

be assessed by the Board on the basis of actual damage sustained by

any person in consequence of the exercise of the powers and duties

of the Board.

34, No compensation shall be paid in respect of- Exceptions.

( a ) Any vineyard which shall have been unused or abandoned

for two years prior to destruction:

( h ) Any loss sustained by reason of or in connection with the

destruction of any diseased vine or grapes brought into thc province, or any package containing or which may have contained or come into contact with any such vine or grapes.

35. If the fund for the time being should prove to be in sufficient Proportionate reduc-

for the payment of all claims for compensation in full, the Treasurer tion of compensa,tion+

may, out of moneys to* bc provided by Parliament, advancc thc

amount required, and all &uch advances shall bc paid as soon as

may be out of future accruing rates. No compensation shall be

claimed or payable except against or out of " The Phylloxera

Fund."

PART VII. PART VII.

---.

OFFENCES AND PENSLTIES.

36. If within m y vineyard any sign shall appear which may Owners &C., to givo

reasonably be suspected to be caused by disease, the owner, occupier,	notice of diseaae.
or person in charge thweof shall immediately notify the fact in	writing to an inspector, or to the Board or thc Minister; and in the
event of his wilfully neglecting so to do a11 claim by such owner, occupier, or person to compensation under this Act shall be forfeited, and such owner, occupier, or person shall, on conviction, pay a penalty not exceeding Fifty Pounds.

37. If any person shall impede, hinder, or attempt to impede or Interference with

hinder the inspection by any inspector between the hours of seven inspectors.

.

o'clock in the morning and five o'clock in the afternoon of any: vessel, vehicle, vineyard, store, or other building, premises, or placc, or any vine, grapes, case, box, barrel, or other re,ceptacle or package, or neglects to make a return in the prescribed form, or makes a false

t

return, or violates any Proclamation made under section 44 or any regulation made under the provisions of this Act, shall, in addition to any other penalty provided in this Act, be liable to pay a penalty not exceeding Five Pounds for each offence; or if the offence be continuous, for each day during which the offence is continued.

38. If

62' & 63' VICTORIAi, No. 724.

The Phyllosera Act.-1899.

PART vrr. 38, 1 f any inspector wilfully violates, or omits to comply with,

In~peetors liablo for or neglects or refuses to enforce any provisions of this Act, or any regulations thereunder' which he is required to complv with or eGforce, he shall be lkble to a penalty n i t exceeding ~ i f i ~ Pounds.

Penalty for selling 39, Every person who sells, or offers, or exposes for sale, any grapes or vines, or parts of vines, affected with the disease, shall be liable to a penalty not exceeding Fifty Pounds, unless such person shall show that it was not practicable to discover the fact by the exercise of reasonable diligence.

dieeaeed grapes, &c.

Prohibition against 40,

Except with the sanction of the Board no vines shall be planted or permitted to grow in any land from which any diseased vines have been removed for a period of ten years after such removal, and any person who shall commit any breach of this section shall on conviction thereof pay a penalty not exceeding Fifty Pounds; and all vines growing in or on any such land within such period shall be destroyed without compensation.

replanting vineyards

doatroyed.

Recoveryof penalties. 41, A11 proceedings may be had and taken, and all penalties, fines, and sums of money incurred or imposed or payable under this Act, may be sued for and recovered at the suit of the Minister, or such officer or authorised person as the Board shall from time to time on that behalf appoint, and all moneys so recovered shall be paid to the Treasurer to the credit of the fund.

Bummary procedure. 42, The provisions of all laws relating to summary proceedings

beforc Justices shall apply to all prosecutions under this Act or thc regulations thereunder, and all informations under this Act or thc regulations thereunder in respect of such offences may be summarily heard and determined before a Special IVIagistrate or two Justices of the Peace.

Appeal.

43, There shall be an appeal from any conviction, order, order

dismissing any information under this Act, or under anv regulation

thereunder, and such appeal shall be to the Local courtWof	Adolaide
in its Full Jurisdiction,

PART VIII.

MISCELLANEOUS.

Powersof Governor. 44, The Governor may, from time to time, by Proclamation in

the Guzette, do any of the following acts:-

Prohibit the introduction into the province from any place outside the province of any vine, or any grapes, or package containing or which has contained or been in contact with grapes or vines

the introduction of which has been or may be prohibited:

Prohibit

62' & 63' VICTORUE, No. 724.

The Phybloxera A&-1899.

Prohibit the removal from any place within the province to any other place in the province of any vine, or of any grapes, package, implement, matter, or thing likely to convey the disease:	P * ~ T	ylr~.
Declare any parcel of land or any building a quarantine for the reception of any vines ox grapes diseased or suspected of being diseased:
Quarantine any vineyard or any building, land, or place wherein or whereon any diseased vine or grapes may be found or

may have recently been.

shall amount to the sum of Five Thousand 'I'ounds the Board shall operations. 45. When and so long as the funds in the hands of the Board Suspension of

have power to reduce the amount or suspend the levy of the rate

hereinbefore provided, from year to year, or for such terrn.as it may deem expedient, and shall thereupon notify the Minister of its decision in respect of such reduction or suspension by notice in writing, in which case the Minister shall give public notice of such reduction or suspension by Proclamation in the Government Gazette

and by advertisement in one or more newspapers circulating within

the colony.

46. In the case of all vineyards or gardens containing wines which Vineyards of less area

are less in extent than one acre, the owners or occupiers thereof than One

shall be exempt from registration and taxation under this Act, but

shall nevertheless be subject to a l l the other provisions of this Act

and the penalties for non-compliance therewith. And any such vine-

yard or garden containing vines may be declared a quarantine, and

the vines therein destroyed.

47. In this Act a fraction of an acre in excess of one acre shall Construction.

he deemed to be an acre.

In the name and on behalf of Her Majesty, I hereby assent to

this Bill.

TENNY SON, Governor.

THE

VICTORIAE, No.

The Phy2Zoxera Act--1 899.

THE SCHEDULES REFERRED TO,

SCHEDULE: I.

Phylloxe~a Districts.

1. Reynelh District.-Comprising the whole of the District Conncil districts of

Clarendon, Stirling, Echunga, Morphctt Vale, Noarlunga, Aldinga, Willunga, Kondo- paringa, Macclesfield, Onaunga, Strathalbyn, Brinkley, Bremer, Port Elliot, Ihcounter Bay, Yankalilla, and Rapid Bag, a i d the Corporate Towns of Strathalbyn and Goolwa.

2. Tantinda District.-Comprising thc whole of the District Council districts of

Tanunda, Nuriootpa, Belvidere, Mount Crawford, Barossa, Port Gamler, Mudla Wirrs South, Mudla Wirra North, Grace, Dublin, Alma Plains, Dallrey, and those portions

of Halsklava and Port Wakeficld south of the River Wakefield, together with tlie

whole of tlie Corporate Town of Port Wakefield.

3. Ayasto?2 13isb.zi.t.-Comprifiing the District Council districts of Angaston,

North Rhine, South Rhine, Truro, Angas, hlorgan, Blanchetown, Cournamont, 'l'ung- killo, and Matmum; that portion of the counties of Young and Albcrt not included in District Council districts, together with the whole of the counties of Alfred and Hamley.

4. Ce?rtmZ District.-Comprising the whole of District Council districts of Marion,

West Torrens, East Torrens, Woodville, Yatala North, ETatala South, Crafers, Onka- paringa, Mitcham, Burnside, Paynehsm,MTalkerville, Campbelltown, Prospect, Highcr- combe, Teatree Gully, Talunga, Munno Prtra West, Munno Para East, Para Wirra, Mount Barker, Nairne, Monarto, and Mobilong, and thc Corporate To.wns of Adelaide, Unley, Kensingtm and Norwood, St. Peters, Hindmarsh, Thebartun. Port Adclnide, Seaiaphore, Glenelg, Brighton, and Clawler.

5. District No. 5.-Comprising that portion of the province south and cast of

districts numbered 1, 3, and 4.

6. District X. 6.-Comprising that portion of the Province not included in any

other district.

SCHEDULE 11.

'L The Phylloxera Act, 1899."

Vinegrowers' Returea.

Return of the number of acres planted with vines in the vineyard owned by the undersigned :- p-.

l l I

Section No., District, and / Area Planted with

Name and Address. of

Hundred. l Vines.

l l

__ -_ - _

I, , of , do declare that I am the

owner and occupier (or owner, ns the case may be) of the vineyard a b o ~ e named, and that the above return contains a just and true account 01 the several mattere therein

net forth re~pecting the RHme

Dated this d t~y of , 18 .

[Signature.]

VICTORIW,

The Phylloxera Act.-1899.

The Phylloxera Act, 1899.''

Notice of Temporary Quaraati9w.

Notice is hereby given that I have from this day forth quarantined the vineyard

owned or occupied by you, situated [iasert situation o f vineyard]. Such vineyard

will continue quarantined until released therefrom by order of the chairman of the

Phylloxera Board,

Dated this day of , 18 .

Signed- , Inspector.

p -- .--W -- - ---- -

iC_I__ -- - -

Adelaide : By authority, C. E. B ~ r s ~ o w, Government Printer, North Terrace.