Plant Diseases Act Amendment Act 1946 (WA)

No. 25.] Plant Diseases. [1946.

PLANT DISEASES.

10' and 11° GEO. VI., No. XXV.

No. 25 of 1946.

AN ACT to amend the Plant Diseases Act, 1914-1939, by making provision, subject to a poll being taken, for a Compulsory Fruit Fly Foliage Baiting Scheme within districts and for matters connected therewith and incidental thereto.

[Assented to 14th January, 1947.]

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

Short title.

cf. No. 5 of 1. This Act may be cited as the Plant Diseases Act

1939, s. 3.	Amendment Act, 1946, and shall be read as one with the Plant Diseases Act, 1914-1939 (Act No. 23 of 1914 as reprinted pursuant to the Amendments Incorporation Act, 1938, with amendments up to and including No. 5 of 1939), hereinafter referred to as the principal Act.
New sections

Sections are inserted after section twelve of the principal Act as follows:-

12A-12D. 2.

Power to

demand vote	12A. Any incorporated Fruit Growers' Associa-
for a

compulsory	tion, or any road board constituted under the Road
fruit fly
foliage	Districts Act, 1919-1943, or any municipality con-
baiting
scheme.	stituted under the Municipal Corporations Act, 1906-1943, may, by writing under its common seal, delivered to the Minister, request in respect of orchards registered under section eight of this Act and situated within any district, that the question whether or not a compulsory fruit fly foliage baiting

1946.] Plant Diseases. [No. 25.

scheme should be introduced within such district be submitted to the vote of the owners or occupiers of orchards registered as aforesaid within such district.

For the purposes of this and the three next fol- lowing sections, the term "district" means a road board district constituted under the Road Districts Act, 1919-1943, or a municipality constituted under the Municipal Corporations Act, 1906-1943, or such portion of such road board district or municipality as shall be specified and defined in the request afore- said, and approved by the Minister as an area to which the provisions of this and the three next fol- lowing sections should apply.

12B. (1) When any such request has been made Vote of

as aforesaid, the Minister may, if he thinks fit, direct owners and occupiers of

that the votes of the owners or occupiers of orchards roMsgrdesd ,

registered as aforesaid within such district shall be how taken.(cf. N. 38 of

taken on a day to be fixed by the Minister, not less 2919 s. 286.)

than twenty-one days nor more than six weeks after

the delivery of such request, and such day shall be

notified in a newspaper circulating in the district;

and on such day a poll shall be taken of all such

owners or occupiers aforesaid for or against the

proposed introduction within such district of a com-

pulsory fruit fly foliage baiting scheme under and

for the purposes of this Act.

(2)

For the taking of such poll, the Minister shall cause a special roll of such owners and occupiers to be prepared and only owners and occupiers of orchards registered as aforesaid within such district shall be qualified to vote at such poll.

(3)

For the taking of such poll, voting papers in the prescribed form shall be used, and regulations under this Act may prescribe the manner in which and the conditions under which such poll may be taken.

12C. If, on a poll being taken, at least sixty per Power, under

cent= of those owners and occupiers who vote on	erta
circumstances in

the question vote in favour of the introduction , t°0";;I'reet, ecommittee.

within such district of the said scheme, then the following provisions shall operate and have effect:—

(a) The Minister shall, by notice in the Gazette,

appoint and name a Committee to admin- ister, subject to this Act, the fruit fly

No. 25.] Plant Diseases. [1946.

foliage baiting scheme within such dis- trict, and to control and prevent the fruit fly pest therein, for a period of three years from such date as the Minister shall specify in the notice.

(b)

Such Committee shall consist of five mem- bers, fbnr of whom shall be persons who were entitled to vote at the poll afore- said and who shall be nominated by the Association, board or municipality mak- ing the request for the poll; and the fifth member shall be an inspector nominated by the Minister, and who shall be Chair- man of the Committee. All members of the Committee shall hold office during the pleasure of the Governor.

(c)

The Governor may make regulations pre- scribing the holding of and procedure for meetings of the Committee, the filling of• casual vacancies and the payment of fees and allowances to members of the Com- mittee for their services as such, and for such purposes may delegate powers to the Minister.

Powers of

Committee. (d) The Committee shall have the following

powers, namely :—

(i) For the purposes of this Act, to	establish and administer a Fund,
which shall consist of-
Firstly—such advances, if any, as the Fruit Growing Industry Trust Fund Committee, consti- tuted under the Fruit Growing Industry (Trust Fund) Act, 1941, may, in its discretion but with the approval of the Minis- ter, make to the Committee under this Act;
Secondly — moneys received from charges for services ren- dered in respect of the baiting of orchards under the scheme;

1946.] Plant Diseases. [No. 25.

Thirdly--contributions made

to the fund under this Act; and

Fourthly — penalties imposed upon persons convicted of any offences under this section, which penalties notwithstanding the Fines and Penalties Appropria- tion Act, 1909, are hereby de- clared to be payable into the

Fund.

(ii)    To purchase, hire or acquire plant, equipment and materials for the purposes of the scheme.

(iii)    To appoint and engage such officers and employees as the Committee shall think fit and to remunerate them with moneys from the Fund established under this section.

(iv)    By any person or persons author- ised in writing by the Committee under the hand of its Chairman, to enter upon any orchard or orchards within such district as the Committee shall decide, and to bait all or any fruit trees and fruit vines or kinds or varieties of fruit trees and fruit vines in such orchard as the Committee shall from time to time deter- mine, with such materials as may be prescribed.

(v)    To fix a scale of charges to be paid by and to demand payment from the owner or occupier of any such orchard for the baiting car- ried out by or on behalf of the Committee : Provided that the maximum charge in respect of orchards of one acre or more shall be three shillings per acre or part of an acre for each and

No. 25.] Plant Diseases. [1946.

every baiting, and, in respect of orchards of less than one acre, shall be three farthings per tree or fruit vine baited for each and every baiting. The Committee, with the approval of the Minis- ter, may fix a minimum charge of sixpence per baiting in respect of orchards of less than one acre.

(vi)    To commence and maintain pro- ceedings against, and to recover from, any owner or occupier who, after demand, fails to pay such charges, by summary process in the Court of Petty Sessions near- est to the orchard in respect of which such charge shall have been made, provided that the Committee may, in its discretion, waive or settle any such charges. Any complaint and proceedings under this paragraph may be made and maintained on behalf of the Committee by and in the name of its Chairman; and

(vii)    such other powers, not inconsistent with this Act, as may be pre- scribed.

(e)	The Committee shall not, except in relation to any matter in which it is especially authorised by the Minister to act on behalf of the Crown, be the agent or ser- vant or the representative of the Crown ; and
(f)	a member of the Committee shall not be personally liable for any act done in good faith by the Committee or by the member acting as such.

Frequency

of polls.	12D. No poll under section twelve B of this Act shall, in respect of any district, be taken more fre- quently than once in every two years and nine months.
Citation of

principal Act	3. The principal Act as amended by this Act may be
as amended.

cited as the Plant Diseases Act, 1914-1946.