Vine and Vegetation Diseases Act 1901 (NSW)

142   Act No. 14, 1901.

Vine and Vegetation Diseases.

Act No. 14, 1901.

y,KE AND An Act to consolidate the Acts relating to a cor-

"V FOETATION ^^

D iseases. taiii Viiio Discaso aiid to Veffotation Diseases. [Wi October, 1901.]

it enacted by the King’s Most Excellent Majesty by and _LJ Avitli tbe advice and consent of the Legislative Council and Legislative Assembly of N cav South Wales in Parliament assembled and by the authority of the same as follows ;—

PAKd’ I.

K e p e a l a n d P r e l i m i n a r y .

Short title. 1. This Act may be cited as tlie “ Vine and Vegetation Diseases

Act, 1901 ” and is divided into Parts as follows :—

PART I.— R e p e a l a n d P r e l i m i n a r y —ss. 1-3

PART II .— V i n e D i s e a s e —ss. 4-67.

Interpretation—s. 4.

Drevention o f Disease—ss. 5-13.

Vine districts—ss. 14-18.

Boards—ss. 19-46.

Bating—ss. 47-53.

Suhskly—s. 54.

Compensation—ss. 55-61.

Void agreements— s. 62.

Appropriation o f penalties—s. 63.

Begulations—ss. 64, 65.

Errors in proclamations—s. 66.

PART III .— V e g e t a t i o n D i s e a s e s — s s . 67-76.

Interpretation—s. 67.

Prevention o f diseases—ss. 63-72.

Actions—ss. 73, 74.

Offences—s. 75.

Begulations—s. 76.

PART IV.— R e c o v e r y o p M o n e y s a n d P e n a l t i e s — s. 77.

Repeal. 2- (1) The Acts mentioned in the Eirst Schedule hereto arc

hereby repealed. (2 )

Act Ao. 14, 11)01. 143

Vine and Vegetation Diseases.

(2 ) All boards and persons appointed under the Ad s liereby Boards and officers

repealed and lioldiii" ollicc at tlie time of tbe passing of this Act shall	'■epoaicd Acts,
remain in office as if this Act bad been in force at the time tliey were appointed and they liad In'cn appointed hereunder and this Act sliall apply to tliem accordingly.

(3) All proclamations publislu'd and regulations made under rrociamations and

llic autboritv of the Acts hereby rcpt'ahnl and being in force at t h e I ' " ' ' ' ’'’

iiine ()1 the passing ot llus Act shall be aeemed to have been publislied

and made under the authority of this Act and I’cferences in any such

proclamations and regulations to tbe provisions of any Act hereby

repealed shall be construed as references to tbe corresponding provisions

of this Act.

3.               In this Act unless the context or subject-matter otherwise General

indicates or requires—	interpretation.
5G Vic. No. 22, s. 2.

“ Prescribed” means prescribed by this Act or any regulation'

made tbercunder.

“ Proclamation ” means a proclamation published in the Gazette.

PART II.

V i n e D i s e a s e .

Interpretation.

4.               In this Part of this Act and in all proclamations and interpretation,

regulations made tbercunder unless the context o r subject matter	3.
otherwise indicates or requires—

“ Board ” means tbe board of a vine district.

“ Disease ” means the disease in grape vines caused by the insect

“ phylloxera vastatrix.”

“ Diseased ” means affected with or liable to be affected (by reason of having betm in contact with vines grapes packages imple­ ments matters or things likely to convey infection) with disease as bcreinbcforc defined.

“ District” means a vine district proclaimed under this Part of

this Act.

“ District inspector” nu'ans an inspector appointed by a board as

bercinbefore defined.

“ Inspector” means an inspector of vineyards appointed by tbe

Minister.

“ Quarantine ” means a parcel of land or a building set apart for lUd. s. 4.

the reception of vines or grapes known or supposed to be

diseased.

“ Ratable value ” means the value of a vineyard as entered in tbe s. 3.

assessment roll of a district. “ Vine ”

144   Act No. 14, 1901.

Vine and Vc(jetation Diseases.

“ Vine ” moans a ^rape-vine alive or dead and any cutting or part

of a grape-vine.

“ Vineyard” means any parcel of land ndicrcon one or more vines

are planted or growing.

“ E,oot up ” moans to remove the whole of the original cutting layer or stock with at least six inches of the roots attached.

Drevention o f disease.

Tiitroduclion of vines

î e. into JSew South 5. The Governor may from time to time hy proclamation—

Wales niu}' be (</) prohibit the introduction into New South AValcs from any containing or which have contained or been in contact with vines or grapes the introduction of which has been or is hereafter prohibited;

jtrohibited.	place outside New South AÂ alcs of vines grapes or packages
&() Vic. No. 22, 6. 4.
Kcinoval of things

likely to cause disease (b) prohibit the removal from one place to another within New

may be prohibited.	South AVales of vines grapes packages implements matters
Ibid.	or things likely to convey disease;
(Quarantine may be
(ioclared.

JfjHl.	(c) declare any parcel of land or any building a quarantine ;
1*0wt r to isolate	((/) isolate in the prescribed manner any quarantine or any

vineyards &c.	vineyard building land or place wherein or whereon there are
Ibid,	or have recently been diseased vines or grapes.
insiiectors.

Appointment of 6 . (1) The Minister may appoint such persons as he thinks fit

Ibid. 6. 6 ( i ).	to he inspectors of vineyards.
Jurisdiction of

inspectors. (2) An inspector may exercise any of his powers in any

Jbul.	part of New South Wales.	'
Powers of inspectors.

Ibid. 8. 7. 7. An inspector may with or without notice—

To search for	(a) enter at any time 'with or without assistants any vessel building land or place containing vines or grapes introduced into New South Wales and search tlu'reiu for diseased vines or grapes remove therefrom vines or grapes to a quarantine for further examination and destroy vines or grapes found to he diseased;
diseased vines.
To temporarily	(i) enter with or without assistants any vineyard and examine vines and grapes therein and hy notice in the Perm contained in the Third fSchedvde hereto temporarily isolate a vineyard in which he finds disease or any sign thereof pending report to the Minister and action thereon;
isolate vineyards.
Minister if a board is
To report to	(f) periodically inspect the vineyards within vine districts and

not carrying out Is

report to the Minister where and in what respect the hoard

duties.

of any district or its officers arc failing to give effect to the

provisions of this Act.

Act No. 14, 1901. 145

Vino and Vegetation Diseases.

8 . ( 1 ) U])on the i’0 ])oi't of an inspector that disease or sign of Po v rs of Governor

disease is found in any Auneyard not Avithin a vine district or A vith in	«n |i.oof of ihsoase.
vine district to Avhich a district inspector has not heen appointed the Minister may hold an inquiry and upon proof that disease actually exists therein the Governor may—

{ a ) isolate such Auneyard and all vineyards AAothin a radius of oncToi oktc- vineyards,

mile therefrom;

[h ) jArohihit the removal from such vineyard of any vines grapes To proidbit jomovai

packages implements matters or things ;

(c) radius of one mile therefrom to he rooted up the land̂ '̂ '*""*-'

cause all vines in such vineyard and in any vineyard AAithin a To desirowin s ami other precautionary measures taken as are deemed necessary

to preA-ent the spread of disease.

(2) Upon proof that no disease exists in the vineyard

mentioned in the inspector’s rejiort the Minister shall immediately

release such vineyard from isolation.

9. (1) If the OAvner lessei'or occupier of a vineyard ceases for Xcf.dcdfd vi. ryauis.

two years to cultiA’ate it any inspector or district inspector may serve I'eui.s. ii.

him with a notice to root up all vines therein.

(2) I f such OAAUier lessee or occupier omits to root up the vines Avithin three months after service of such notice the Minister or Board may cause the Aunes to be rooted up and upon proof that the sum claimed has been expended in rooting up vines upon the OAvner’s land may rccoA'cr from the oAvner the cost of rooting up in any court of summary jurisdiction.

10. (1) Every OAvner tenant or person in chai’ge of a viiu'yard viiio-nrowors to

shall immediately notify in AA riting to an inspector district inspector

or to the Minister the appearance of any sign Avhich may reasonably	s. 12.
bo suspected to lx; caused by disease.

(2) EA'cry such OAvner tenant or j'crson Avho Avilfully neglects I’eiuiitj.

to give the prescribed notification shall on conviction be liable to a penalty not exceeding one hnndrcd pounds or to imprisonment for a term not exceeding six months.

11. (1) No vines shall he planted in any land from Avhich T)ifCiiscd vinojani

diseased vines have been removed for a period of 1‘our years from such

removal. ' • • •

(2) lEhosoevcr commii.s a breach of this section shall on Ponaity.

conviction be liable to a penalty not exceeding one hundred pounds.

(8) All A’in c s planted on such land Avithin the period afore- inspector to destroy

said shall be destroyed by an inspector or district inspector.

12. AVhosoovcr sells otfers or exposes for sale any grapes or ivimiiy for selling

vines infected Avith disease shall on conviction be liable to a jienalty

not exceeding fiA'e pounds in addition to any other penalty provided in nui, e. 47.

this Part of this Act.

K 13.

146   Act No. 14, 1901.

Vine and Vegetation Diseases.

Penalt}" for	13. Any person Avho refuses to alloAV any inspector or district or other building premises or place to examine or impedes binders or attempts to impede or hinder any inspector or district inspector from inspecting or examining any vine grapes case box barrel or other receptacle or package after the production of his authority by such inspector or district inspector shall in addition to any other penalty provided in this Part of this Act ho liable on conviction to a j^enalty not exceeding five pounds for each ofl'ence or if the offence be continuous for each day during which the offence is continued.
obstructing any
officer.	inspector to enter at any reasonable time his vineyard sliip boat store
56 Vic. No. 22, s. 48,

Vine districts.

Proclamation of	14. (1) The Governor may hy proclamation— (i) alter the boundaries or name of any district; (c) divide any district into two or more distiacts; {d) unite any two or more districts into one;
districts.	(a) declare any portion of New South Wales a vine district;
7 bid. ss. 4, 8.
(e) abolish any district.

(2) Upon tlie report of an inspector that disease or sign of disease is found in any vineyard not within a distriet the Minister may cause inquiry to he made and on proof that disease actually exists therein the Governor may by proclamation declare a vine district including such vineyard.

Transfer of liabilities	15. WhencA cr a district is divided into two or more districts be transferred in such proportions as the Governor directs to the hoards of the districts into Avhich the original district is divided and all moneys rates and property belonging to or due or becoming due to the board of the original district shall be apportioned between the boards of the districts into which the original district is divided as the Governor directs.
and property on
division of districts.	the liabilities duly incurred by the board of the original district shall
Ibid. 33 . 45, 46.
Transfer of liabilities
and property on	16. Whenever a district is united ivith another district the transferred in such projjortions as the Governor directs to the board of the united district and all moneys rates and property due or becoming due to the several districts shall be transferred to the board of the united district Avho shall have poAver to collect and rccoA’cr the same.
union of distric4s.	liabilities duly incurred by the boards of the several districts shall he
Ibid.
and property on

Transfer of liabilities 17. WhencA'er a district is abolished and its area distributed

abolition of district	among other districts the liabilities duly incurred by tbe board of the
and redistribution of
its area.	al)olishcd district shall he transferred in such proportion as the
Ibid.	GoAmrnor directs to tiie boards of the other districts and the moneys rates and property of the abolished district diu; and becoming due shall be a2)portioncd amongst the other districts as tlie Governor directs and may be collected and recovered by the boards of the other districts in respect of propertv comprised Avithin the area assigned to them.

' 18.

Act No. 14, 1901. 147

Vine and Vegetation Diseases.

18. Wiienevcr a, district is aliolislied and its area i s n o t Liabilities? aiul

distrilmted amon^; otlier districts tlic lialiilities of tlic lioard of tlie "''f®!’®, ,

1 1 • 1 1 1 • • . ~ 1 -1 1 i 1 1 1 11 • 1 clistnel If? abolislied

abolished district and its moncAbs and propertv sliali be deatt AVitii as and its area not

the Governor directs.	‘	‘	redistributed.
50 A"ic. No. 22, ss. 43,
Boards.

19. AVlienever a vine distriet is jiroelaimt'd tlie Goi'crnor nny nui s. s p).

take steps to secure tbe election or appointment of a board.

20. (1) A board sluill consist of five nicmtiers being vino-growers Board to consist of

on tbe roll of the district who shall be elected as hereinafter provided

and shall hold otficc until the next gtmeral election. ' ' ’

(2) No member of aboard sball recehm any payment for noanuo act without

, . . ̂ •/!-*/ rcnmneration.

his services. _ _ _ 3,31,

21. Every board shall iqtoii its election or appointment have Powers of board to

and exercise Avithin its district all the poAvers conferred ujion the

G overnor and the Minister by section eight hereof.

22. (1) Ev'cry board may subject to tbe approAml of the nutrict inspectori.

Governor appoint one or more district inspectors. ̂(2). 3i-

(2) A district inspector shall Avithin the district to Avhich Powers of district

he is appointed liaA'c all the powers conferred uiion an inspector In̂ inspectors,

section seven subsections («) and (/;) except that a temporary isolation	®	-
notified by a district inspector shall continue pending his report to the board of tlie district and action thereon.

23. EÂ ery board may appoint such other otficcrs as it considm's b. 31.

necessary.

24. livery board may pay out of the funds at its disposal the saiarie.-?.

salaries and allowances of the district inspector and other otficers.

25. Any inspector or officer of a board Aidio AAdlfully Adolates Penally on inspector

or omits to comply Avith or neglects or refuses to enforce any provisions of this Fart of this Act or any regulations thereunder Avhich

he is required to comply Avith or enforce shall on conviction be liable

to a penalty not exceeding fifty pounds.

26. (1) Upon tbe receipt of a report from an inspector that the Governor may

officers of any board are failing to carry out the provisions of this Act o iw T .

the Minister may call upon the board to shoAV cause A vhy its officers md. a. 10.

should not be dismissed.

(2) If the board fails to show cause to the satisfaction of the Minister he may recommend to the Governor that its officers be dismissed and the Governor may dismiss the officers.

27. (1) Upon a district being proclaimed the Minister shall p>st of vinc-Krowers in now district.

fortliAvith cause a list to bo made containing the name in full an d ..... . ' ......

Ibid. 3 . 22.

address of each Aune-groAver in the district and the extent of the

vineyard owned bv him.

‘ (2)

148   Act No. 14, 1901.

Vine and Vegetation Diseases.

rublicatioii of list, (2) The said list -when comjdeted or a copy thereof shall l)o

5G Vic. No.2:', s. 22. exhihited for seven days at every petty sessions court-house Avithin the district and notice that the list is so exhibited shall be published in one or more newspapers eirculaling in the distriet.

Revision of list. 28. Within scA'en days after the first exhibition of the said list

Ibid. s. 23.

any person may lodge avith a police magistrate or clerk of petty sessions

avithin the distriet a notice requiring,

{a)

the insertion in the list of the name of any vine-grower omitted

therefrom ;

[h) the striking out of the name of any Aune-grower imjjropcrly

inserted therein;

(e) the correction of any error appearing in the list.

Revision court,	29. (1 ) The IMinistcr may at any time after the expiration of the said j>eriod of seven days cause a police magistrate to hold a court for the revision of the list Avho shall hear evidence on oath and determine all questions raised hy notices duly lodged and rcAUse the list in accordance Avith his determination.
Ibid. 8. 24.

Vine-growers’ roll. (2) The list when so revised shall become the vinc-groAvers’

1 bid.	roll for the district.
by owners or
Return to be inatlo	30. (1) EA'cry OAvner or occupier of a vineyard Avithin a district forward hy registered letter to the chairman of the hoard or if there he no hoard to the officers appointed hy the Governor a return in the form of the Third Schedule hereto stating the number of acres planted Avith Aunes OAimed or occupied hy him.
occupiers.	shall on or before the first day of December in each year deliver or
Ibid. 3. 32.

(2) For the purpose of such return any fraction of an acre

shall he deemed an acre.

Penalty for (3) Every OAvner or occupier Avho refuses or neglects to

neglecting to make

return.	make such return Avithin the prescribed time shall on conviction he
Ibid.	liable to a penalty not exceeding five pounds.

Penalty for making (4) Every OAvner or occupier Avho makes a false return shall

false return.	on conviction he liable to a penalty not exceeding IIa	'C pounds.
Ibid.
Board to make out

list from returns. 31. (1) From the returns so made the hoard shall compile a

Ibid. list of vinc-groAvers of the district.

List to be revised	(2) Such list shall he published and revised in the manner
and tlicrcupon to

become tlio roll.

provided hy sections tAA'cnty-scA'cn twenty-eight and tAventy-ninc in

Ibid.

regard to the list of A'ine-groAvers of a neAvdy-proclaimed district and

Avhen revised shall become the vine-groAvers’ roll for the district.

Old roll may be used. (3) Until a roll is compiled and revised for the current

Ibid.	year the ('xisting roll shall he used as tlu' roll for the district.
Election of first

board. 32. (1) The first election of a hoard shall ])c held at the place

Ibid. s. 25. and time appointed hy the GoA^ernor.

Subsequent elections. (2) The viire-groAvers in each district shall iir the month of

Hid.	September folloAviiig the first election and thereafter annually elect
a hoard. (3)

A c t X o . 14, 11)01. 140

Vine and Vegetation Diseases.

(3) Eetiring members of aboard shall unless disqualiliecl Retiring mombers

be cligil)le for re-election. 22, s. 32.

33. (1) Tbe G overnor may appoint a returning officer to conduct Appointment of

elections in any district. officers.

( 2 ) A copy of tlu! viiK'-grorvers’ roll sliall be forwarded to Roll to be fonvnrdeii

tlie returning officer fortlnvitli after revision. • /y rs ’'33'(2)f '’'''

34. (1) Tbe returning officer shall for the purposes of every Xominution iinys.

election apjioint a time and place for the recidpt of nominations.	» 2d.
(2) Not less than fourteen days’ notice of such time and place shall be given in one or more newspapers published or circulating in the district.

(3) Every nomination shall be in -writing signed by two or Nominations to be in

more vine-grorvers on the roll and shall contain the consent of the

person nominated. '

( J) If-within tbe time appointed the nnmbcr of qualified ir no more Unm five

persons nominated docs not exceed five the returning officer shall ^t ‘'"’i"'','’'

the expiration of such tunc declare the persons so nomiuatod to be nominees eioctca.

elected members of the board.

(5) If three members are (dected under the last subsection Where tin-ee

the remaining vacancies shall be filled as provided in section thirty-	Hid.
six hereof.

(6) If less than three members arc elected under subsection AVhere less iimn

four of this section the returning officer shall hold another election to

fill the vacant scats. n id .

(7) If more qualified juirsons than the number to bo elected where nominees

arc nominated the returning ofiicer shall appoint a day for taking a

])oll and one or more polling places and shall give not less than fourteen /j,-,/.

days’ notice of such time's and places in one or more newspapers

published or circulating in the district.

(8) The returning officer may appoint a deputy returning Oepuiy reumhng

officer to preside at eacdi polling place. 'nlT'''

(9) AVhen a poll is taken voting shall be by ballot at which voting hy biiiiot.

each vine-grower on the roll shall he entitled to the prescribed number

of votes.

(10) The returning officer shall as soon as convenient after nochu-aiion of poll,

the poll has been taken declare ('Icctcd as many of the candidates who have rcceir-ed the highest numlicr of votes as are required to fill the vacant scats.

(11) The names of the elected members shall be published

in the Gazette.

35. If no candidates arc nominated or elected at an election in case no mombm-j

the Governor may ajipoint five vine-growers on the roll to he a hoard

who shall subject to the provisions hereinafter made respecting nppoini. a boaVa.

vacancies on and dissolution of hoards hold office until the next s. 30 (i).

general election. 36.

150   Act No. 14, 1901.

Vine and Vegetaiion Diseases.

Absence from 36. (1) Any member of a lioard wlio is absent from three

meetings. consecutive meetings ivitbout leave dulv granted by tbe board shall

Death or resignation. (2) If ally iiicmber of a board dies resigns refuses to act or

ihid.

from any cause Avliatever becomes incapable of acting bis seat may be

declared vacant by tbe board.

Vacancies iiow filled. ( 3 ) A vacaucv 01’ vacaiicics occurriiig by reason of the causes

mentioned in this section or by reason of three or four members only being elected under subsection five of section thirty-four shall be filled by the members of the board from tbe vine-growers on the roll.

Disiointion of board.	37. (1) Whenever an inspector reports that a board is failing to carry out the provisions of tb.is Act the Minister may call upon such board to show cause why it should not be dissolved and may if tbe board fails to show cause to bis satisfaction recommend its dissolution to the Governor who may thereupon dissolve the board.
IhkL s. 10.
(2) If the vine-growers of the district convene a meeting under the next section the Minister may staŷ his action until the result of the meeting is known.
Vine-growers may	38. (1) If a boai’d fails to liold its first meeting within fourteen out the provisions of this Act any seven vine-growers on the roll may convene a meeting of vine-growers and call upon the board to attend thereat and show cause tc the satisfaction of the meeting why it should not be dissolved.
'd'̂ Isoivo board"*̂	^̂ 7® after a general election or fails to act or fails or refuses to carry
Tiid. 3.27 (1) 28.

(2) If the board fails at llu' meeting of vine-growers to show

cause the meeting may declare the scats of the members of the board

vacant and call upon the returning officer to hold another election.

If vine-growers do	(3) Jf aboard fails or refuses to meet or carryout the
not convene meeting

llie Oovornor mtij

provisions of this Act and the vine-growers of the district do not call a

apjioint oiTicers.

meeting under the last two subsections tbe Governor may appoint

Ibid, s 30 (ri).

officers to carry out within the district the provisions of this Act who

shall have all the powers of a board.

First meeting. 39. Every board shall hold its first meeting within fourteen

Ibid, s. 27 (1).

days after a gem'ral election.

Clmirman.

Ibid. (2).

40. (1) The members present at the first meeting shall elect a

chairman who shall when present preside at all meetings of the board.

Acting cliairman. (2) If the chairman is absent from any meeting at which

Ibid. (3).	there is a quorum the meml)crs present shall appoint an acting chairman who ‘̂ ^mll at such meeting exercise all the powers of the chairman.
Quorum.

J bid s. 27 (4). 41. (1) A quorum shall consist of not less than three members.

Adjournment for (2) If a quorum be not present within half an hour of the

want of quorum.

time appointed for a meeting any' member or officer of tbe board

Ibid, (5).

present may adjourn the meeting to another hour of the same day or

to any hour on another dav.

‘ (3)

Act No. 14, 11)01. 151

Vine and Vegetation Diseases.

(3) Notice of an adjournment shall he given as far as

practicable to every absent member.

42. All questions considered at a meeting shall be decided hy Decision of questions, a majority of the votes and if tlie votes on any question arc equal the r,c, vie. No. 22, s. 27 chairman shall have a casting vote in addition to his deliberative vote. ^

43. (1) The jnoecedings of every meeting and the names of the Record of

mi'inhcrs jircscnt shall be entered in a hook and such entries shall Pc signed hy the chairman of the meeting at which such proceedings are confirmed.

(2) All entries ol‘ proceedings so confirmed and signed

shall he received in all Courts as evidence of the matters recorded.

44. All moneys received hy any officer of a hoard shall in the Moneys reeoived by

time and manner prescribed he paid over to tlic treasurer and {ip moneys received by the treasurer of any hoard shall in the time and manner prescribed he paid hy him into a hank to the credit of an account in the name of the board.

45. All moneys disbursed hy the hoard shall he paid hy cheques Moneys to be

drawn upon the hank account aforesaid and all cheques shall he

signed hy the chairman or acting chairman and the treasurer. ’

46. The accounts of every hoard shall at least once in each Aeeonnts to bo

year he audited hy an officer appointed hy the Governor or hy a competent accountant and a statement of such accounts whtm tuiditt'd shall he forthwith published in the Gazette and in one or more newspapers circulating in the district.

Mating.

47. (1) Every hoard may impose and levy annually a rate not Amount of rate,

exceeding one pound per ccmtuin of the value of each vineyard as

entered in the assessment roll of the district.

(2) A hoard may whenever it is necessary to liquidate claims for compensation or to meet other liabilities levy ■within any year a rate to the full amount of one pound per centum or two or more equal rates amounting in the aggregate to one pound i)cr centum.

48. (1) Eorthwith after imposing any rate the hoard shall Assessment roll to be prepare an assessment roll which shall set out the iimount of the rate

payable in respect of every vineyard in the district. ''

(2) The assessment roll after careful revision and con-Assessment roll to be

sideration of any appeal from such rating shall hCr. signed hy the chairman ttnd treasurer of the hoard and shall bo evidence of the amount ]tayahlc as rate on each vineyard named therein ;ind of the ' '

person liable to pay such rate. ‘

49. (1) The hoard shall when imposing a rate Itx the date on Payment of rate,

which the rate is payable. s-

(2) The date fixed shall not he less than fourttam days

after the rate has been imposed. (3)

152   Act No. 14, 1901.

Fine and Vegetalign Diseases.

(3) Every owner or occupier of a vineyard shall Avitliiu the period named by the hoard pay the rate to the treasurer or collector of the hoard.

Notice of rate to be 50. (1) A notice of every rate imposed si^^ned hy the chairman

published.

and treasurer of hoard shall within fourteen days after the rate rvas

56 Vic. No. 22, s. 3C.

imposed he published in the Gazette and also in one or more news­

papers circulating in the district.

Notice to specify (2) Every such notice shall specify the amount of the rate

date for payment.	per pound and the date on Avhich the same is payable.
Occupier liable to j>ay

rate in the first instance. 61. (1) Every rate imposed under this Act shall he payable in

Ibid. s. 37.	the first instance hy the occui)ier of the A'ineyard.
half rate from land­

Tenant may recover (2) Unless otherwise expressly provided in any lease or

lord or deduct from	agreement the occupier if a tenant may recover from his landloi’d
rent.	one-half the amount of the rate paid hy or recovered from him as money paid to the use of the landlord or may deduct it from or s('t it off against the rent then due or thereafter to become due.

Unoccupied 62. The owner of any unoccupied vineyai'd shall he deemed

vineyards.

the occupier and any rate due in resju'ct thereof shall he paid hy or

he recovered from such owner.

Recovery of rates.

53. The collector or other officer of the hoard authorised hy the chairman may after the expiration of one month from the date of payment specified in any rate notice sue for and recover the rate mentioned in such notice if still unpaid.

Ibid. S3. 36, 39.

Siihsidg from Government.

Subsidy not	54. The Minister may out of the Consolidated Eevenuc in any exceeding the amount of rates collected during the year by the hoard which may in his opinion he necessary for carrying out the provisions of this Act.
exceeding rates
collected in a year.	year pay to a hoard hy Avay of subsidy any sum of money not
Ibid, s. 19.

Compensation.

65. Compensation may he claimed—

Ibid. s. 13 (i). (a) In respect of the rooting up of any \dneyard in aaIucIi there is no disease to an amount not exceeding the ratable value of the vineyard.

Ibid. 3. 13 (n ). {h) In respect of the rooting up of vines in any vineyard on account of being diseased to an amount not exceeding fifty pounds per centum of the ratable value of the vineyard.

Where compensation 66 . Xothwithstanding anything contained in this Act no com­

is not recoverable. pensation shall he recovered—

Ibid. S 3 . 12. 13. ^ {a) By any person in respect of any vines Avhieh haA'c been rooted

up hy the Minister or hoard under section nine.

{h) By any person where the owner tenant or person in charge

of a vineyard has Avilfully neglected to comply Avith the

provisions of sections ten hereof. (e)

A c t N o . 14, 11)01. 1513

Fine and Vegetation Diseases.

(c)	In respect of any loss sustained by reason of or in connection Avith the destruction of diseased aI uos or grapes brought into New South ^ '̂alcs or packages which contain or haA'o contained or conic in contact with such vines or grapes.
(d)	In respect of any loss sustained hy reason of or in connection with the destruction of any vines grapes packages or imph'- nicnts introduced into New South IVales from any ])lac(i outside New South Wales or renioA'cd from one j)lacf‘ to another ivithin New South Wales in violation of any proclamation under this Part of tliis Act.

67.                (1) Claims for compensation shall he made to the Minister ciuims for

Avhere a vineyard has lieen rooted up hy an inspector under Ike direction of tlic ^Minister and to the hoard of tlic district Avlicrc the or bo.ird.

vineyard has heen rooted up hy a district inspector. v ic . No. 22, s. u .

(2) All claims shall he made within si.v months after the claims lo be iniuie

vineyard ivas rooted up and shall ho in the prescribed form.

58. (1) Every claim for compensation shall he referred to an Kstimateby iii.̂ pcctor

inspector or district inspector udio shall estimate the amount of

compensation to which the claimant is entitled.

(2) If the claimant and the inspector or district inspector Referoneo to

do not agree upon the amount to he awarded the claim shall he referred to the Minister or the hoard as the case may he or at the option of the claimant may he referred to arbitration according to the provisions of the Act for the time being in force for the settlement of disputes hy arbitration.

(3) The decision of the Minister or the hoard or the Decision to bo iiimi.

arbitrator as to the amount of compensation to he paid shall ho final. is-

(4) Upon any such reference the Minister or the hoard Evidence on o itii.

may take evidence on oath and for that purpose may administer oatlis.

59. No member of a hoard nor an inspector or district inspector Persons inioresied

interested directly or indirectly in any claim for compensation or in

any vineyard the subject of a claim shall take part in determining the	" '	'
amount of compensation to he awarded.

60. 'Where a lump sum is aAvarded as compensation in respi'ct Apporiionmeni of

of a vineyard Avhich is let leased or mortgaged or over tlic crop '

Avhich any person has a lien the sum aAvarded m.ay he apportioned and	’ '	'
paid to the landlord tenant mortgagee or lienee in the proportions agreed upon Avitii the inspector or district inspector or as the Minister hoard or arbitrator determines.

61. lYlien the amount of compensation is agreed upon between Paymeni of coinponsat Ion.

the inspector and the claimant or determined hy tin' JMinistcr or	s. IS.
arbitrator the same shall he paid out of the consolidati'd rcA'cnue
Avithin three months.

(2)

154   Act No. 14, 1901.

Vine and Vegetation Diseases.

(2) ‘VYlieii the aHioiint of compensation is agreed upon between the district inspector and the claimant or determined hy a board or an arbitrator the same shall he paid out of the funds at the disposal of such hoard.

Void agreements.

Lessees not bound to

contravene Act. 62. No tenant shall he hound hy any agreement or lease to

56 Vic. No. 22, s. 21. contravene the provisions of this Part of this Act.

Appropriation o f penalties.

To the public 63. (1) All penalties and sums of money recovered under this

revenue.	Part of this Act hy any officer appointed by the Governor or authorised
Ibid. 8. 51.	hy the Minister shall be paid into the public revenue.
To boavd.s.	(2) All penalties and sums of money recovered under this Part of this Act hy any officer of a board shall he paid to the treasurer of the hoard to ivhich such officer belongs.

Regulations.

Power ol Governor.	64. The Goimmor may make all such regulations as may from time to time appear to him necessary for carrying into effect the several provisions of this Part of this Act and all regulations so made shall after publication in the Gazette have the same force and effect as if embodied in and forming part of this A ct:
Ibid. 8. 52.
Provided that all such regulations shall be laid before Parliament within fourteen days after publication if Parliament be then sitting if not then within fourteen days after the commencement of the next session of Parliament.
Power of Board.	65. The hoard of any district may make regulations for regulating its own proceedings and the powers and duties of its officers and generally for enforcing and giving effect to the provisions of tliis Part of this Act in relation to all matters within the district to which it belongs and all such regulations after publication in the Gazette shall if not inconsistent with this Act have the same force and effect as if embodied in and forming Part of this Act.
H id. 8. 44.

Errors in proclamations.

Kectificalion of

erroivs.	66. (1) Any einor in any proclamation made under this Part of this Act may be rectified by any subsequent proclamation and after the rectification of the error the original proclamation shall be deemed to have been made and shall be read as corrected.
Ibid. a. 53.
(2) No misnomer inaccurate description or omission in any such proclamation shall in any Avise suspend or impair the operations of this Part of this Act Avith respect to the matter so misdescribed or omitted.

PART

Act No. 14, 1901. 155

Vine and Vegetation Diseases.

PART III .

V e g k t a t i o n D i s e a s e s .

Interpretation.

67. In this Part of this Act unless the context or subject- interpretation,

matter othenvise indicates or requires— iso?, s. o.

" Disease ” means any disease aflccting plants and which the Governor hy proclamation in the Gazette declares to he a disease ivithin the meaning of this Part of this Act and whether or not caused hy or consisting of the presence of insects or fungus.

“ Diseased ” means affected with disease.

“ PungLis” means any fungus or vegetable parasite whatever which

tlic Governor hy proclamation in the Gazette' declares to he a

fungus within the meaning of this Part of this Act.

“ Insect” means any insect whatever which the Governor hy proclamation in the Gazette declares to he an insect within the meaning of this Part of this Act and includes any such insect in whatever stage of existence it may be.

“ P lan t” means any tree vine flower shrub vegetable or other vegetation of (iconomic value and extends to the seed fruit or other product of such plant and to every part thereof whether attached to or separate therefrom.

Drevention o f diseases.

' 68. (1) The Governor may hy proclamation prohibit— imporiation of

(e)	the importation introduction or bringing into New South Wales (or any portion thereof specified in the proclamation) inseii proiiibitcd.
of any plant which in his opinion is likely to introduce any i-

disease or iusc'ct ;

[h) the bringing into one portion of New South "Wales from Eemovai of plant

another portion specified in the proclamation of any pliant

which in his opinion is likely to spread any disease or insect, prohibited.

69. (1) Every such prohibition may be absolute or contingent fife?,

on the non-performance of any prescribed conditions.

(2) The Governor may at any time alter or revoke any

proclamation hereunder.

70. No person shall ira^iort introduce bring or cause or imporiation of

knowingly permit to be imported introduced or brought into NeWp"))]̂ p"()[p"®''* and with the consent of the Minister.

71. Any insect fungus or plant imported introduced or brought insects fungi pianfs

into New South "Wales contrary to this Part of this Act, or to any

proclamation made thereunder and any diseased plant imported i. 2 (11).

introduced

156   Act No. 14, 1901.

Vine and Vegetation Diseases.

introduced or brought into New South Wales and any pachage or thing containing or suspected to contain or to have contained any such diseased plant may forthwith be seized by any person authorised in writing by the Minister either generally or specifically and shall bo destroyed or otherwise dealt with as the Minister directs.

Tower to enter.	72. Any pcrsoiL authorised in Writing by the Minister may at any time enter upon any vessel ship or place with or without assistants and search for insects and fungi and diseased plants and packages likely to convey disease and may remain there for that purpose so long as is reasonable.
No. 4 8 ,1807, s. 3.

Actions.

Limitation of actions. 73. No actioii sliall be bi’ought agahist any person for anything

8- 7. done by him in pursuance of any authority conferred by or under this Part of this Act unless the same be commenced within four months next after the thing complained of has been done.

No authorised 74. No pci’son actiug in pursuance of any authority conferred damage unicsi”viitui. ^̂ 7 Of Under tliis Part of this Act shall be deemed to be a trespasser

ihid. s. 8. liy reason of any entry or removal or destruction or be liable for any

damage occasioned in carrying out the provisions thereof or of any proclamation or regulation made thereunder unless tlie damage was occasioned by such person wilfully and without necessity.

Obstructing otliccr. Offences.

H id. s. 5 (i). 75. M^hosoever—

{a) in any manner obstructs or impedes or attempts to obstruct or impede any person acting under the authority of this Part of this Act or

Disobedience to ( h \ disobcys 01’ fails to coiiiplv witli any provision proclamation

zi'ir^iri pTi) direction or order of or under this Part of this Act

5(i)',pi). ' ’

shall be guiliy of an offence and sball on conviction be liable to a

penalty not exceeding twenty pounds.

Itegulations.

Powers of Governor. 76. The Governor may subject to the provisions of this Part

Ihid. s. 4.

of this Act make regulations for all or any of the following purposes

namely;—^

(a) Por prescribing the form of notices and orders to be given and made under this Part of this Act and the time when and manner in which such notices are to be given and served.

(/>) Por prescribing the conditions under which the plants named in a proclamation made under section sixty-nine of this Act may be introduced or brought into New South "Wales or any portion of New South M'ales.

(e)	Por prescribing penalties for the breach of any such regulation not exceeding for a first offence one pound and not exceeding
for any subsequent offence ten nouiids. (d)

Act No. 14, 1901. 157

Vine and Vegetation Diseases.

(d) Genorally for auTving into dfeet the provisions of this Part of this Act.

(2) All such regulations upon being published in the To bo laid bo fore

Gazctt(! shall be as valid in law as if the same were enacted in

Act and shall he judicially noticed and all such regulations shall	s. t.
laid before both Houses of Parliament within fourteen days after the making thereof if Parliament be then sitting and if Parliament be not sitting then within fourteen days after the commencement of the next session of Parliament.

PART lY.

PiKCOVKiiY OF M o n e y s a n o P e n a l it j c s .

77.                All sums of money recoverable from any person under Ibis nc vo. No. 22, s. 50.

Act and all penalties imposed by this Act or regulations t h e n n m d e r ?''o. 4s, 1807, s. o.

may lx; recovered b('forc tA\o or anore justice's of the peace or a

stipendiary or police magistrate in a summary manner according to

the ])i’Ovisions of the Act or Acts J'or the time being regulating

proceedings before justices. '

SCHEDULES.

J'lllST SCllEDUJiE.

Rcforcncc to Act. Short title. Extent of repeal.

5G A'ic. No. 22 The “ Tine Discasos Act of ISOG” ... Tlic whole Act. No. 48, 1S!)7 ...' The “ Vegetation Diseases Act, 1897”: The whole Act.

SECOND SCHEDULE.

X'o/ice of' temimrart! isolation.

Notice is hereby given that I have from this day forth isolated the viiu'yai'il owned or occupied by you situated \_inserf situation o f vineyard] 8uch vineyard will continue isolated until released therefrom hy order of the \_inscrt Minister or chairman

of the hoard as the case may req^nire],

(Siyncd)

Inspector (or District Inspector).

Tin ED

158   Act No. 15, 1901.

Infant Convicts Adoption.

THIRD SCHEDULE.

Vine District.

Return of the number of acres planted with vines in the vineyard owned or occupied

by the undersigned.

Name and address. i Portion No. and parisli. j Area planted with vines. Remarks.

1  1

1	1 ,
!	1

I of do solemnly and sincerely declare that I am the [owner

and occupier or occupier as the case may he~\ of the vineyard abovenamed and that the

above return contains a just and true account of the several matters therein set forth

resj)ecting the same vineyard.

{Signature')

L