Vine and Vegetation Diseases and Fruit Pests Act 1912 (NSW)

Act No. 34, 1912.

An Act to consolidate the Acts relating to vine and

, . . I . 1 , ; ; • V egetation

a certain vine disease and to vegetation diseases and frdu

diseases and to certain frnit pests.	[26 /̂i
November, 1912.]

"I3 E it enacted l)v tlie King’s Most Excellent Majesty, by and with the t > advice and consent of the Legislative Council and Legislative

Assembly of New South Wales in Parliament assembled, and by the authority of the same as follows:—

. : PAET I. ■ ; ,

; E epeal and P eeliminarv. .

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

and Fruit Pests Act, 1912, ’ ’ and is divided into Parts as follows:—

PAET I.—E epeal and P eediminaev—ss. 1-3. •

PAET n .—V ine Disease—ss. 4-66. ,

Interpretation—s. 4.

'	Prevention of Disease—ss. 5-13.
Vine Districts—ss. 14-18. '

■ ' Boards—ss. 19-46.

Bating

212   Act No. 34, 1912.

Vine and Vegetation Diseases and Fruit Pests.

Rating—ss. 47-53.

Subsidy—s. 54.

Compensation—ss. 55-61.

Void agreements—s. 62.

'Appropriation of penalties—s. 63.

Regulations—ss. 64, 65.

Errors in proclamations—s. 66.

PART III.—Vegetation D iseases .a .nd F ruit P ests—ss. 67-83.

Interpretation—s. 67.

Division 1.—Vegetation Diseases.

■	Prevention of Diseases—ss. 68-72.	; .
Actions—ss. 73, 74.

Regulations—s. 75. '

D i v i s i o n 2.—Fruit Pests.

Appointment of inspectors—s. 76.	,	,
Treatment of fruit pests—ss. 77, 78. Certification of nurseries—s. 79.

» Service of notices and orders—s. 80. : : '

Compensation—s. 81.

.

Regulations—s. 82.

Offences under Part 111—s. 83.

PART IV.—Recovery of Moneys and P en.vlties—ss. 84, 85. "

2 .                (1) The Acts mentioned in the First Schedule hereto are

Repeal.

hereby repealed.

Boards and officers (2) All bourds and persons appointed under the Acts hereby under repealed Acts, repealed and holding office at the time of the passing of this Act shall

remain in office as if this Act had been in force at the time they were appointed, and they had been appointed hereunder, and this Act shall ajiply to them accordingl3%

(3) All proclamations published and regulations made under

Proclamations and

regulations under

repealed Acts.	the authority of the Acts hereby repealed, and being in force at the time of the passing of this Act, shall be deemed to have been published and made under the authority of this Act; and references in any such proclamations and regulations to the provisions of any Act hereby repealed shall be construed as references to the correeponding provisions
of this Act, .

3̂

Act No. 34, 1912. 213

Vine and Vegetation Diseases and Fruit Pests.

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

indicates or requires—	interpretation.
No. 14, 1901, s. 3,

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

thereunder.

‘ ‘ Proclamation ’ ’ means a proclamation published in the Gazette.

PAET II . ■

V ine Disease.	'	^
Interpretation.

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

regulations made thereunder unless the context or subject-matter	*•
otherwise indicates or requires—

“ Board ” means the board of a vine district.

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

I “ phylloxera vastatrix.”

“ Diseased ” means affected with or liable to be affected (by reason

of having been in contact with vines, grapes, ]iackages, implo-

‘

ments, matters, or things likely to convey infection) with

disease as hereinbefore defined.

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

6,. this Act.

“ District inspector ” means an inspector appointed by a hoard as

' hereinbefore defined.

“ Inspector ” means an inspector of vineyards appointed by the

Minister.

' ,	“ Quarantine ” means a parcel of land or a building set apart for
I	the reception of vines or grapes known or supposed to be “ Eatable value ” moans the value of a vineyard as entered in the .

i '	diseased.
I	assessment roll of a district.

, , “ Vine ’ ’ means a grape-vine alive or dead and any cutting or part

; . of a grape-vine.

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

. t are planted or growing.

‘ ‘ Eoot up ’ ’ means to remove the whole of the original cutting layer

. t or stock with at least six inches of the roots attached.

, . . Prevention

214   Act No. 34, 1912.

Vine and Vegetation Diseases and Fruit Pests.

Prevention of disease.

5. The Governor may from time to time by proclamation—

Introduction of

vines, &c., into New	(a)	prohibit the introduction into New South Wales from any place
South Wales may	outside New South Wales of vines, grapes, or packages contain­
be prohibited.	ing, or which have contained or been in contact with, vines or
No. 14,1901, s. 5,	grapes the introduction of which has been or is hereafter prohibited;
Removal of thing's likely
to cause disease may be	( b )	prohibit the removal from one place to another within New
prohibited.	South Wales of vines, grapes, packages, implements, matters, or
Ihid.	things likely to convey disease;
Quarantines may be
I t id.
declared.	(c)	declare any parcel of land or any building a quarantine;
Power to isolate	( d )	isolate in the prescribed manner any quarantine or any vine­
vineyards, &c.
Ihid,	yard, building, land, or place wherein or whereon there are or

, have recently been diseased vines or grapes.

Appointment of

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

Ihid. 3. 6(1). to be inspectors of vineyards.

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

Ibid. of New South Wales.

Pc wers of inspectors.	7. An inspector may with or without notice—
Ihid. s. 7.

To search for (a) enter at any time, with or without assistants, any vessel,

diseased vines. building, land, or place containing vines or grapes introduced

.	into New South Wales, and search therein for diseased vines
.	or grapes, remove therefrom vines or grapes to a quarantine ' for further examination, and destroy vines or grapes found to be diseased;

To temporarily	(b)	enter, with or without assistants, any vineyard and examine
isolate vineyards.	vines and grapes therein, and by notice in the form contained in the Second Schedule hereto temporarily isolate a vineyard in which he finds disease or any sign thereof, pending report to the Minister and action thereon;
To report to
Minister if a board is	(c)	periodically inspect the vineyards within vine districts and
not carrying out its	report to the Minister where and in what respect the board of
duties.	any district or its officers are failing to give effect to the provisions of this Act.

Powers of Governor	8. (1) Upon the report of an inspector that disease or sign of vine district to which a district inspector has not been appointed, the Minister may hold an inquiry, and upon proof that disease actually exists therein the Governor may—
on proof of disease.	disease is found in any vineyard not within a vine district, or within a
Ihid. s. 8.

To isolate vineyards. (a) isolate such vineyard and all vineyards within a radius of one mile therefrom;

To prohibit removal (b) prohibit the removal from such vineyard of any vines, grapes, packages, implements, matters, or things;

of vines, &c. ,

- ' ■ (c)

Act No. 34, 1912. 215

Vine and Vegetation Diseases and Fruit Pests.

(c) radius of one mile therefrom to be rooted up, the land cleanse lands,

cause all vines in such vineyard and in any vineyard within a to destroy vines an precautionary measures taken as are deemed necessary to prevent the spread of disease.

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

mentioned in the inspector’s report the Minister shall immediately

release such vineyard from isolation.

9. (1) If the owner, lessee, or occupier of a vineyard ceases for Neglected vineyards,

two years to cultivate it any inspector or district inspector may serve No. 14, looi.s. 9.

him witli a notice to root up all vines therein.

(2) If such owner, lessee, or occupier omits to root up the vines within tliree months after service of such notice the Minister or board may cause the vines to he rooted up, and upon proof that the sum claimed has been expended in rooting up vines upon the owner’s land may recover from the owner the cost of rooting up in any court of summary jurisdiction.

1 0 .     (1) Every owner, tenant, or person in charge of a vineyard vino-growers to

.shall immediately notify in writing to an inspector, district inspector,

or to the IMinister, the a])pearaiice of any sign which may reasonably	s, lo.
be suspected to be caused by disease.

(2) Every such owner, tenant, or person who wilfullj^ neg-Penalty,

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

1 1 . (1 ) Eo vines shall be planted in anv land from which

T 1 - I f • 1 o 'n n ̂ not to be replanted.

diseased vines nave been removed tor a period or lour years irom such	,,
removal.

(2) "WhosoevGr commits a breach of this section shall, on Penalty,

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

(3) All vines planted on such land within the period afore- inspector to destroy

said shall be destroyed by an inspector or district inspector.

1 2 .    Whosoever sells, offers, or exposes for sale any grapes or Penalty for selling

vines infected with disease shall, on conviction, be liable to a penalty

not exceeding five pounds in addition to any other penalty provided in lud. s. 12.

this Part of this Act.

13.    Any person who refuses to allow any inspector or d i s t r i c t Penalty for

inspector to enter, at any reasonable time, his vinej^ard, ship, boat, store,

or other building, premises, or place to examine, or impedes, hinders, or

a. 13.

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 ])roduction of his authority by such inspector or district inspector shall, in addition to any other penalty Ijrovided in this Part of this Act, be liable, on conviction, to a penalty not exceeding five pounds for each offence, or, if the offence be continuous, for each day fluring which the offence is continued.

Vine

216   Act No. 34, 1912.

Vine and Vegetation Diseases and Fruit Pests.

Vine districts.

Proclamation of	1 4 .	(1) The Governor may by proclamation—
districts.

No. 14, 1901, s. 14.

(a) declare any portion of New South Wales a vine district;

(b) alter the boundaries or name of any district;

■	(c) divide any district into two or more districts;
.	(d) unite any two or more districts into one; (e) abolish any district.

(2) Upon the report of an inspector that disease or sign of

'

disease is found in any vineyard not within a district the Minister may cause inquiry to be 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. "Wlieuever a district is divided into two or more districts transferred in such proportions as the Governor directs to the boards of the districts into which 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.

d?vismn^of*^districts	liabilities duly incurred by the board of the original district shall
Ibid. a. 15.

Transfer of liabilities	16. Whenever a district is united with another district the transferred in such proportions as the Governor directs to the board of the united district, and all moneys, rates, and property due or becoming duo to the several districts shall be transferred to the board of the united district, who shall have iiower to collect and recover the same.
and property on
union of ilistricts.	liabilities duly incurred by the boards of the several districts shall be
Ibid. s. IG.

Transfer of liabilities 17. Mhionever a district is abolished and its area distributed a M i S ’ o^GiTtrict iiniong otliei’ districts, the liabilities duly incurred by the board of the and redistribution of abolisliod district shall be transferred in such proportion as the

r Governor directs to the boards of the other districts, and the moneys,

' ' ' ' rates, and property of the abolished district due and becoming due shall be apportioned amongst the other districts as the Governor directs, and may be collected and recovered by the boards of the other districts in respect of property comprised within the area assigned to them.

Li.abiiities and 18. Whenever a district is abolished and its area is not

districtL̂ abolfshed distributed aiuoiig otlior districts, the liabilities of the board of the

and its area not redistributed.aliolished district and its moneys and ]U'operty shall bo dealt with as

Ihid. s. 18. the Governor directs.

Boards.

Ihid. s. 19. 1 9 . Whenever a vine district is proclaimed, the Governor may

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

Board to consist of 20 . (1) A board shall consist of five members being vine-

live members.

Ihid. s. 20.

growers on the roll of the district, who shall be elected as hereinafter

provided and shall hold office until the next general election.

Board to act without

remuneration. (2) No member of a board shall receive any payment for

Ihid, his services. , 21 .

Act No. 34, 1912. 217

Vine and Vegetation Diseases and Fruit Pests.

2 1 .    Every board shall upon its election or appointment have and row ers of board to

exercise within its district all the powers conferred upon the Governor	disease,
and the Minister by section eight hereof.

22. (1) Every board may subject to the approval of the District inspectors.

Governor appoint one or more district inspectors. 22.

(2) A district inspector shall, within the district to which Dowers of district

he is appointed, have all the powers conferred upon an inspector by

section seven, snbsections (a) and (b), except that a temporary isolation

'

notified by a district inspector shall continue pending his report to the

board of the district and action thereon.

23.    Every board may ai)])oint such other officers as it considers ntd. s. 23.

necessary.

24. Every board may pay out of the funds at its disposal the Salaries,

salaries and allowances of the district inspector and other officers. md- 3 . 24.

2 5 .    Any inspector or officer of a board who wilfully violates or Penalty on inspector

omits to comply with, or neglects or refuses to enforce, any provisions of

this Part of this Act, or any regulations thereunder, which he is required

Ihid. s. 25.

to comply with or enforce shall, on conviction, be liable to a penalty not

exceeding fifty pounds.

2 6 .     (1) Upon the 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 ®

the Minister may call upon the board to show cause why its officers	g_ oe.
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 bo

dismissed and the Governor may dismiss the officers.

27. (1) Upon a district being proclaimed the Minister shall List of vine growera

forthwith cause a list to be made containing the name in full and address of each vine-grower in the district and the extent of the vineyard owned by him.

(2) The said list when completed, or a copy thereof, shall be Publication of list,

exhibited for seven days at every petty sessions court-house within the district, and notice that the list is so exhibited shall be published in one or more newspapers circulating in the district.

2 8 .    Within seven days after the first exhibition of the said list Revision of list,

any person may lodge with a police magistrate or clerk of petty sessions ihid. 9. 28.

within the district a notice requiring,

(a) the insertion in the list of the name of any vine-grower omitted

̂ therefrom;

■ (b) the striking out of the name of any vine-grower improperly

’ inserted therein;

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

2 9 . (i ) The Minister may at any time after the expiration of Revision court,

the said period of seven days cause a police magistrate to hold a court ihid. 3.29.

for

218   Act No. 34, 1912.

Vine and Vegetation Diseases and Fruit Pests.

for the revision of the list, who shall hear evidence on oath and determine all questions raised by notices duly lodged and revise the list in accordance with his determination.

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

No. 14, 1901, s. 29. roll for the district. •

Iletuni to be made	30.	(1) Every owner or occupier of a vineyard within a district
by owners or

occupiers.	shall, on or before the first day of December in each year, deliver or
Ihid. s. 30.	forward by registered letter to the chairman of the board, or, if there be no board, to the officers appointed by the Governor, a return in the form of the Third Schedule hereto, stating the number of acres planted with vines owned or occupied by him.

(2) For the i)uiq)ose of such return any fraction of an acre

shall be deemed an acre.

Penalty for

neglecting to make (3) Every owner or occupier who refuses or neglects to

return.	make such return within the prescribed time shall, on conviction, be
Ihid,	liable to a penalty not exceeding five pounds.
false return.

Penalty for making (4) Every owner or occupier who makes a false return shall,

Ihid. on conviction, be liable to a penalty not exceeding five pounds.

Board to make out	31. (1) From the returns so made the board shall compile a
list from returns.

Ihid. s. 31. list of vine-growers of the district.

List to be revised	(2) Such list shall be published and revised in the manner
become the roll.

and thereupon to

provided by sections twenty-seven, twenty-eight, and twenty-nine in

Ihid.

regard to the list of vine-growers of a newly-proclaimed district, and,

when revised, shall l)ecome the vine-growers roll for the district.

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

Ihid.	the existing roll shall be used as the roll for the district.
Klcction of first

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

Ibid. s. 32.	and time appointed by the Governor.
Subsequent

elections. (2) The vine-growers in each district shall, in the month of

Ihid.	September following the first election, and thereafter annually, elect a
Retiring members	board.

eligible. (3) Retiring members of a board shall, unless disqualified,

Ihid.	be eligible for re-election.
Appointment of

returning officers. 33. (1) The Governor may appoint a returning officer to

Ihid. s. 33.	conduct elections in any district.
Roll to be forwarded

to returning officer. (2) A copy of the vine-growers’ roll shall be forwarded to

Ihid.	the returning officer forthwith after revision.
Nomination days.	34. (1) The returning officer shall for the purposes of every (2) Not less than fourteen days’ notice of such time and ]ilaee shall be given in one or more newspai)er.s published or circulating in the district.
Ihid. s. 34.	election appoint a time and i)lace for the receipt of nominations.

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

in writing.	more vino-growers on the roll and shall contain the consent of the p ;r.mn
Ihid.	nominated.

■ (4)

Act No. 34, 1912. 219

Vine and Vegetation Diseases and Fruit Pests. _

(4) If within the time appointed the number of qualified if no more than five

persons nominated does not exceed five the returning officer shall, at Sare

the exjiiration of such time, declare the persons so nominated to be nominees elected,

elected members of the board. No. u, looi, s. 34.

(5) If three or four members are elected under the last where three

subsection the remaining vacancies shall be filled as provided in section nom>'i‘̂ ‘-sareeiecteci.

thirty-six hereof. -

(6) If less than three members are elected under subsection where less than

four of this section the returning officer shall*hold another election to th*’ee nommeea arc

fill the vacant seats. '

(7) If more qualified persons than the number to be elected wiiere nominees

are nominated the returning officer shall appoint a day for taking a

poll and one or more polling-places, and shall give not less than four- 74,y.

teen days’ notice of such times and places in one or more newspapers

published or circulating in the district.

(8) The returning officer may appoint a deputy returning Deputy returning

officer to preside at each polling place.

' (9) When a poll is taken voting shall be by ballot, at which voting by ballot,

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

of votes.

(10) The returning officer shall, as soon as convenient after Declaration of poll,

the poll has been taken, declare elected as many of the candidates who have received the highest number of votes as are required to fill the vacant seats.

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

in the Gazette.

35. If no candidates are nominated or elected at an election in case no members

the Governor may a])point five vine-growers on the roll to be a board, Govenmr may

who shall, subject to the jirovisions hereinafter made respecting appoint a boald.

vacancies on and dissolution of boards, hold office until the next general	35.
election.

36. (1) Any member of a board who is absent from three Absence from

consecutive meetings without	leave duly granted by the board shall
forfeit his seat.

(2) If any member of a board dies, resigns, refuses to act. Deathonesigi aiion

or from any cause whatever becomes incapable of acting, his seat may be

declared vacant by the board.

(3) A vacancy or vacancies occurring by reason of the Vacancies how filled,

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 the vine-growers on the roll.

37. (1) Whenever an inspector reports that a board is failing Dissolutionofi)o.arJ.

to carry out the provisions of this Act the Minister may call upon such ii id . a. 37.

board to show cause why it should not be dissolved, and may, if the board

fails to show cause to liis satisfaction, recommend its dissolution to the

Governor, who may thereupon dissolve the board. (2)

220   Act No. 34, 1912.

Vine and Vegetation Diseases and Fruit Pests.

(2) If the vine-growers of the district convene a meeting under the next section the Minister may stay his action until the result of the meeting is known.

Vine-growers may	38. (1) If a board fails to hold its first meeting withiu fourteen
after a general election, or fails to act, or fails or refuses to carry

No. 14,1901,8.38.

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 to the satisfaction of the meeting why it should

not be dissolved. .

(2) If the board fails at the meeting of vine-growers to show cause the meeting may declare the seats of the members of the board vacant and call upon the returning officer to hold another election.

If vine-growers do (3) If a board fails or refuses to meet or carry out the the oTvrrnor may™^ provisions of this Act, and the vine-growers of the district do not call a

appoint officers.	......	meeting under the last two subsections, the Governor may appoint
Ihid.	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

Ihid. 3. 39. days after a general election.

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

Ihid. 8. 40. chairman, who shall, when present, preside at all meetings of the board.

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

Ihid. there is a quorum the members present shall appoint an acting chairman, who shall at such meeting exercise all the powers of the chairman.

Quorum. 4 1 . (1) A quorum shall consist of not less than three members.

Ib id . 8. 41 .

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

want of (luorum.

time appointed for a meeting any member or officer of the board present

Ihid.

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

on another day.

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

practicable to every absent member.

Deciaion of questions. 42. All questions considered at a meeting shall be decided by

Ibid. s. 42.

a majority of the votes, and if the votes on any question are equal the

chairman shall have a casting vote in addition to his deliberative vote.

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

proceedings.

members present shall be entered in a book, and such entries shall be

Ihid. 8. 43.

signed by the chairman of the meeting at which such proceedings are

confirmed.

(2) All entries of ])roceedings so confirmed and signed shall

bo received in all courts as evidence of the matters rc(‘orded.

Moneys received by	44. All moneys received by any officer of a board shall in the received by the treasurer of any board shall, in the time and manner prescribed, be paid by him into a bank to the credit of an account in the
board to be banked.	time and manner prescribed be paid over to the treasurer, and all moneys
Ihid. s. 44,
name of the board. 45.

Act No. 34, 1912. 221

Vine and Vegetation Diseases and Fruit Pests.

45.    All moneys disbursed by the board shall be paid by cheques Moneys to be

drawn upon tlie bank account aforesaid, and all cheques shall be signed	')y chequi
by the chairman or acting chairman and the treasurer.

46.     hdie accounts of every Itoard shall at least once in each year Accounts to be

])e audited by an officer appointed by the Governor or by a competent accountant, and a statement of such accounts, when audited, shall be forthwith published in the Gazette and in one or more newspapers circulating in the district.

j. Rating.

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

exceeding one pound per centum of the value of each vineyard as entered	s. 47.
in the assessment roll of the district.

(2) A board 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 etpial rates amounting in the aggregate to one pound per centum.

48. (1) Forthwith after imposing any rate the board shall Asse.ssmcnt roll to

prepare an assessment roll which shall set out the amount of the rate

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

(2) The assessment roll, after careful revision and con-Asaeasment roll to

sideration of any appeal from such rating, shall be signed by the chair­

man and treasurer of the board, and shall be evidence of the amount '

payable as rate on each vineyard named therein, and of the person liable	'
to pay such rate.

49. (1) The boat’d shall when imposing a rate fix the date on Payment of rate,

which the rate is payable. I’Hd. s. 49.

(2) The date fixed shall not be less than fourteen days after

the rate has been imposed.

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

50.    (1) A notice of every rate imposed, signed by the chairman xoUoc of rate to be

and treasurer of the board, shall, within fourteen days after the rate was imposed, be published in the Gazette, and also in one or more news­ papers circulating in the district.

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

per pound and the date on which the same is payable. payment.

51.     (1) Everv rate imposed under this Part of this Act shall occupier law c to pay

^ ^ • \ / a' I ̂ o ̂ instance.

be payable in the first instance by the occupier ot the vineyard. jhi,i. s. m.

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

agreement, the occupant, if a tenant, may recover from his landlord one-

ofacX'cVfTom

half the amount of the rate paid by or recovered from him as money rent,

paid to the use of the landlord, or may deduct it from, or set it off

Rgainet, the rent then due or thereafter to become due. 5 2 «

222   Act No. 34, 1912.

Vine and Vegetation Diseases and Fruit Pests.

Unoccupied 52. The owner of any unoccupied vineyard shall be deemed the

vineyards.	occupier, and any rate due in respect thereof shall be paid by or be
No. 14, 1901, s. 52.	recovered from such owner.
Recovery of rates.	53. The collector or other officer of the board authorised by 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.
H id, s. 53.

' ' Subsidy from Government.

Subsidy not	54. The Minister may out of the consolidated revenue in any exceeding the amount of rates collected during the year by the board, which may in his opinion be necessary for carrying out the provisions of this Part of this Act.
exceeding rates	year pay to a board by wav of subsidy any sum of monev, not

Hid s 54 *

Compensation. 4

5 5 .    Compensation may be claimed—

H id. s. 55. (a) In respect of the rooting up of any vineyard in which there is no disease to an amount not exceeding the ratable value of the vineyard.

y (b) 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

is not recoverable. 56. Notwithstanding anything contained in this Part of this

H id, s. 56 Act no compensation shall be recovered—

(a)	By any person in respect of any vines which have been rooted up by the Minister or board under section nine.
(b)	By any person where the owner, tenant, or person in charge of a vineyard has wilfully neglected to comply with the provisions of section ten hereof.

■■■'	(c)	In respect of any loss sustained by reason of or in connection with the destruction of diseased vines or grapes brought into New South 'Wales, or packages which contain or have contained or come in contact with such vines or grapes.
(d)	In respect of any loss sustained by reason of or in connection with the destruction of any vines, grapes, packages, or imple­ ments introduced into New South 'Wales from any place outside New South 'Wales, or removed from one place to another within New South "Wales in violation of any proclamation under this Part of this Act.

Claims for. 57. (1) Claims for compensation shall be made to the Minister

WeTô theMinister where a vineyard has been rooted up by an inspector under the direction

or board. of the Minister, and to the board of the district where the vineyard has

Ibid, s, 57. been rooted up by a district inspector. .

- ,... A/ , ' - : ■ ■ m

Act No. 34, 1912. 223

Vine and Vegetation Diseases and Fruit Pests.

(2) All claims shall be made witlim six months after the claims to be made

vineyard has been rooted up, and shall be in the prescribed form. ' w

58. (1) Every claim for compensation shall be referred to an ^ ^ ’

inspector or district inspector, who shall estimate the amount of com- inspector or district

pensation to which the claimant is entitled.

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

do not agree upon tlie amount to be awarded the claim shall be referred

to the Minister or the board, as the case may be, or, at the option of

the claimant, may be referred to arbitration, according to the provisions

'

of the Act for the time being in force for the settlement of disputes

by arbitration.

(3) The decision of the Minister or the board or the Decision to be final,

arbitrator as to the amount of compensation to bo paid shall be final. md.

(4) Upon any such reference the Minister or the board may Evidence on oath,

take evidence on oath and for that purpose may administer oaths. iMd.

5 9 .    No member of a board nor an inspector or district inspector Persons interested

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 be awarded.

60. Where a lump sum is awarded as compensation in respect Apportionment of

of a vineyard which is let, leased, or mortgaged, or over the cro]> of compensation,

which any person has a lien, the sum awarded may be apportioned and

paid to the landlord, tenant, mortgagee, or lienee in the proportions

agreed upon with the inspector or district inspector, or as the Minister,

board, or arbitrator determines.

61. (1) Mdien the amount of compensation is agreed upon Payment of

between the inspector and the claimant, or determined by the Minister compensation,

or arbitrator, the same shall be paid out of the consolidated revenue	‘	'
within three months.
(2) When the amount of compensation is agreed upon between the district inspector and the claimant, or determined by a board or an arbitrator, the same shall be paid out of the funds at the disposal of such board.

Void agreements.

62.               No tenant shall be bound by any agreement or lease to Lessees not bound to

contravene the provisions of this Part of this Act. J. Old. Si Dm.

yn 'Appropriation of penalties. ,

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

Part of this Act by any officer appointed by the Governor or authorised'	Hid. s. 63.
by the Minister shall be paid into the public revenue.

(2) All penalties and sums of money recovered under this To boards.

Part of this Act by any officer of a board shall be paid to the treasurer

of the board to which such officer belongs. , Regulations.

224   Act No. 34, 1912.

Vine and Vegetation Diseases and Fruit Pests.

* Regidations.

Power of Governor.	64. The Governor 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 Act:
No. 14, 1901, s. 64.
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 board 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 this 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 Part of this Act, have the same force and effect as if embodied in and forming part of this Act.
Ihid, 8. Go.

Errors in proclamations.

Rectification of	66 .	(1)	Any error in any proclamation made under this Part of
errors.

Ibid. s. 66.	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.
(2) No misnomer, inaccurate description, or omission in any such proclamation shall in anywise suspend or impair the operations of this Part of this Act with respect to the matter so misdescribed or
omitted. ,

PAET m. ' ;

• '

‘ ' V eg e t a t io n D ise a se s a n d F r u it P e st s . ■

Interpretation.

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

TUd. 8. 67, matter otherwise indicates or requires—

“ Disease ” means any disease affecting plants, and which the GoA êrnor by proclamation in the Gazette declares to be a disease within the meaning of this Part of this Act, and whether or not caused by or consisting of the presence of insects or

■ fungus.

■ - , . . . Pjeeasec} M

0jr *1 r >./ r:A%/rRf|ft^£jy«*j*;

Act No. 34, 1912. 225

Vine and Vegetation Diseases and Fruit Pests.

Diseased ” means alfected witli disease. K o. I4, iqoi , 8. 67.

Fruit ” means the edible product of any plant, and includes the No. 37, looe , s. ‘2.

peel, skin, or shell of such product, and also the seeds of such

plant, whether such fruit is or is not attached to the plant.

Fruit pest ” means the codlin moth (Carpocapsa pomonella), any md

species of fruit fly (Tephritidoc), and includes any such fruit

pest in whatever stage of existence it may be.

Fungus ” means any fungus or vegetable parasite whatever which No. 14,1901, s. C7

the Governor by proclamation in the Gazette declares to be a

fungus within the moaning of this Part of this Act.

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

Inspector ” means an inspector appointed under Division 2 of No. 3 7 ,19C6 6, s. 2.

this Part of this Act and includes an inspector of vineyards

appointed under Part II of this Act.

Minister ” means the Secretary for Agriculture. md. Nursery ” means any place where plants or fruit trees are grown md.

for sale.

Owner ‘‘ occupier ” iucludes the agent of the owner or md.

occuiiier, and also any joint owner or joint occupier.

Owner ’ ’ includes any person holding land under any lease or mj,

license from the Crown, or deriving title from, under, or

through him.

Plant ” means any tree, vine, flower, shrub, vegetable, or other No. 14, 1901 , 8. 67.

vegetation of ecomonic value, and extends to the seed, fruit, or other product of such plaint, and to every part thereof, whether attached to or separate therefrom.

’ ' Division 1.—Vegetation Diseases. ' * . . .

' Prevention of diseases. ,

68. (1) The Governor may by proclamation prohibit— importation of plant

(a)

the importation, introduction, or bringing into New South Wales aj'^,l^sco "insect “ plant which in his opinion is likely to introduce any disease or dbid. s. 68. insect;

(b)	the bringing into one portion of New South Wales from another Removal of plant portion specified in the proclamation of any plant which in his lijscLCorTnsect
opinion is likely to spread any disease or insect. prohibited.

69. (1) Every such prohibition may be absolute or contingent md.B.es.

on the non-performance of any prescribed conditions.

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

proclamation hereunder. . . .

p .................................. 70.

226   Act No. 34, 1912.

Vine and Vegetation Diseases and Fruit Pests.

Importation of 70. No person shall import, introduce, bring, or cause or

insect or fungus knowingly permit to be imported, introduced, or brought into New

prohibited. ■

No. 14, 1901, s. 70.

South Wales any insect or fungus, except for scientific purposes only

and with the consent of the Minister.

Insects, fungi plants,	7 1 .	Any insect, fungus, or plant imported, introduced, or brought
packages, &c., may

be destroyed.	into New South Wales contrary to this Division of this Part of this Act,
JUd. s. 71.	or to any proclamation made thereunder, and any diseased plant imported, introduced, or brought into New South Wales, and any package or thing containing, or suspected to contain or to have contained, any such diseased plant, may forthwith be seized by any person auth­ orised in writing by the Minister, either generally or specifically, and shall be destroyed or otherwise dealt with as the Minister directs.
Power to enter.	7 2 . Any person 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.
Ibid. s. 72.

Actions.

Limitation of 73. No action shall be brought against any person for anything

actions.

done by him in pursuance of any authority conferred by or imder this

Ibid. s. 73.

Division of this Part of this Act unless the same be commenced within

four months next after the thing complained of has been done.

person liable for

No authorised

74. No person acting in pursuance of any authority conferred ^ trespasser by 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 the damage was occasioned by such person wilfully and without necessity.

§amageunies3\vU	Under this Divisiou of this Part of this Act shall be deemed to be
Ibid. s. 74.

' ■ -' Regulations.

Powers of Governor. 75. (1) The Govemor may, subject to the provisions of this

Ibid. s. 76.

Division of this Part of this Act, make regulations for all or any of the

following purposes, namely:—

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

.

(b) For prescribing the conditions under which the plants named in a proclamation made under section sixty-eight of this Act

I	may be introduced or brought into New South Wales or any
,	portion of New South Wales.

: (c) For 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 pounds.

:	(d)	Generally for carrying into effect the provisions of this Division
̂	of this Part of this Act. . (2)

Act No. 34, 1912. 227

Vine and Vegetation Diseases and Fruit Pests.

(2) All such regulations upon being published in the To be laidbefore

Gazette shall be as valid in law as if the same were enacted in this Act, and shall be judicially noticed, and all such regulations shall be 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.

̂ > D i v i s i o n 2.— Fruit Pests.

i ' Appointment of inspectors.

76. (1) The Mini.ster may appoint sudi persons as lie thinks fit inspectors.

to be inspectors under this Division of this Part of this Act. No. 37, i906, s. 3.

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

of New South Wales.

Treatment of fruit pests.

7 7 . (1) An inspector may enter any land or building, with or Power to enter upon

without assistants, and search for fruit pests and plants and packages likely to convey any fruit pest, and may remain there so long as may be reasonably necessary for the purpose of making such search.

(2) If the inspector finds, on search being made as Notice to owner or

aforesaid, that any fruit pest or plant or package likely to convey any fruit pest is in or upon any land or building he shall so report to the Minister. And the Minister may thereupon, by notice in writing served on the owner or occupier of the said land or building, require him, within a time therein mentioned, to take such measures and do such acts as may be specified in the notice for the treatment or the destruction of such fruit pest, plant, or package, and furtlier notify him that in default of compliance with the said requirement an authorised person will, in pursuance of this Division of this Part of this Act, take the said measures and do the said acts at the expense of the said owner or occupier.

(3) If the said owner or occupier is of opinion that the Appeal to magistrate

notice is unnecessary, or that the measures required to be taken, or the

acts required to be done, or any of them, are unnecessary or unreason-

‘

able, he may, within the time mentioned in the notice as aforesaid, apply in the proscribed manner, to a police or stipendiary magistrate or any two justices, in a summary way, for an order cancelling or varying the notice, and shall forthwith notify in writing to the Minister the fact that the said application has been made. And such magistrate or justices may make such order in the premises as he may think just.

(4) If the said owner or occupier- _ 'S & c.jf nufe

(a) has not, within the time mentioned in the notice, complied with or order not the requirements of the notice nor applied as aforesaid to

' cancel or vary the notice; or '

(b)

228   Act No. 34, 1912.

Vine and Vegetation Diseases and Fruit Pests.

(b) has not, within the time limited in any order of a magistrate an inspector may, with or without assistants, enter the land or building and take the measures and do the acts mentioned in the said notice or order, and may recover the cost thereof from the said owner or occupier in any court of competent jurisdiction.

••

made as aforesaid, complied with the order or with a notice as

varied by the order,

Uv^struction of fruit, 78. If in the Opinion of the Minister the destruction of any

b'^ordtr of M*ni ̂

fi’uit 01’ plant infected by any fruit pest, or any package or thing likely

No 37 1906 s 5

convey any fruit pest, whether the same was or was not imported, introduced, or brouglit into this State, is a matter of necessity and extreme urgency, he may forthwith make an order in writing directing the destruction of such fruit, plant, package, or thing by any person referred to in sueli order; and the said fruit, plant, package, or thing shall be destroyed accordingly, and the cost of such destruction, if incurred by any person other than the owner, shall bo defrayed by such

’	’
, owner. , , . .

Certification of nurseries. ' '

Certification of	7 9 . (I) The Minister may, whenever he thinks fit, and shall, on lo inspect any such nursery, and if on such inspection it is found that the plants in such nursery are free from fruit pest or other disease he shall give to such owner a certificate in the form prescribed. Such certificate shall have effect for the time mentioned therein.
nurseries for plants.	request made to him by the owner of any nursery, cause an inspector
Ibid. s. 6.
(2) The Minister may cancel any such certificate if at any time during the period mentioned therein it is found, on inspection, that any plant in the nursery in respect of which the certificate was issued has become infected by any fruit pest or other disease, and the jierson to whom such certificate was issued shall, on demand, deliver it up.
(3) Any person who falsely pretends that he is the holder of any such certificate shall be liable to a penalty not exceeding fifty pounds.

■ Supplemental. ' ' '

Service of notices	80. (1) A notice or order may be served by delivering the to whom it is addressed. IVhen the land or building in respect of which the notice or order is directed to be served is unoccupied, and the owner is absent from New South Wales, or is unknown to the Minister, service may be effected by affixing the notice, order, or a true copy thereof in some conspicuous jfiace on the land or building.
and orders.	same, or a true copy thereof, to any person at the residence of the person
Ibid. a. 7.

̂ ( 2)

Act No. 34, 1012. 229

Vine and Vegetation Diseases attd Fruit Pests.

(2) It shall not be necessary in any such notice or order to specify the name of the occupier or owner if the land or building the subject of the notice or order is therein referred to.

81. No person shall be entitled to receive any compensation No compensation tor whatsoever in consequence of any measures taken under this Division by cfJryinĝ onTtiL of this Part of this Act for the treatment or destruction of any fruit pest, uivision of Un.si’ait plant, or package, or in respect of any damage that may result to him

therefrom, either directly or indirectly, unless the same was occasioned n o . 37, 1900, s. 9.

wilfully, negligently, or without necessity.

82. The Governor may, subject to the provisions of Division 1 Regniations.

of this Part of this Act relating to regulations made thereunder,	10.
make regulations for securing the effectual treatment or destruction of any fruit pest, or any jilant or package infected by or likely to convey any fruit pest.

Offences under Part III.

83. Whosoever— ■ Obstructing officer.

, (a) in any manner obstructs or impedes, or attempts to obstruct or No. 14, 1001, s. 77.

. impede, any person acting under the authority of this Part of

i               this Act; or

(b)	disobeys or fails to comply with any provision, proclamation. Disobedience to
direction, or order of or under this Part of this Act; pvovisionsofAet,&c.

shall be guilty of an offence, and shall, on conviction, be liable to a

penalty not exceeding twenty pounds.

' • E e c o v e e y o f M o n e y s a n d P e n a l t i e s . '

84.    All sums of money recoverable from any person under this lUd. s. 77.

Act and all penalties imposed by this Act or regulations thereunder may be recovered before two or more justices of the peace or a stipendiary or police magistrate in a summary manner according to the provisions of the Act or Acts for the time being regulating proceedings before justices.

85. No proceedings shall be taken under Part III or this Part I’rccecaicgs against

of this Act against any owner of any land or building in the occupation °ns"ancl""

of any person, to recover any expenses or any penalty for failing to No. .37, looo. s. 8.

comply with any notice or order to treat or destroy any fruit pest,

plant, or package until due measures have been taken to recover such

expenses or penalty from the occupier.

SC IIPD U IiE S

230   Act No. 34, 1912.

Vine and Vegetation Diseases and Fruit Pests.

SCHEDULES.

Sec. 2. FIRST SCHEDULE.

Reference to Act. Short title.

No. 14,1901	................	Vine and'Vegetation Diseases Act, 1901.
No. 37,1906	................	Vine and Vegetation Diseases (Fruit Pests) Act, 1906.

Sec. 7 (b). SECOND SCHEDULE.

Notice of temporary isolation.

Notice is hereby given that I have from this day forth isolated the vineyard owned or occupied by you situated [insert situation of vineyard]. Such vineyard wiU continue isolated until released therefrom by order of the [insert Minister or chairman of the hoard as the case may require],

(Signed)

I , . , : . , . Inspector (or District Inspector).

Seci 30. THIED SCHEDULE.

Vine District.

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

by the undersigned.

Name and address. Portion No. and parish. Area planted with vines. Remarks.

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 respecting the same vineyard.

i (Signature)

Act