Vine and Vegetation Diseases (Fruit Pests) Act 1906 (NSW)

Act No. 37, 190G.

V in e and

V egetation	An Act to amend the Tine and Vegetation
D iseases

Diseases Act, 1901. [18/7/ December, 1900.]

(F r u it P ests).

“O E it enacted by the King’s Most Excellent ^Majesty, by and -witli j V the advice and consent of ibe Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

preliminary.

Sliorl tillo. 1. This Act may bo cited as the “ Vine and Vegetation Diseases (Emit Pests) Act, 190G,” and shall be construed with Parts I I [ and IV of the Vine and Vegetation Diseases Act, 1901, hereinafter referred to as the Principal Act.

Interprelation. 2. In this Act, unless inconsistent with the subject-matter or

context—

“ Emit ” means the edible product of any plant, and includes the peel, skin, or shell of such product, and also the seeds of such plant, wbetlier such fruit is or is not attached to the plant.

“ Emit pest” means the codlin moth (Carpocapsa pomonella), any species of fruit ily (Tepbritidoe), and includes any such fruit pest, in whatever stage of existence it may be.

Inspector ” means an inspector a])pointcd under this Act, and includes an inspector of vineyards appointed under the Principal Act.

“ Minister ” means the Secretary for Mines and Agriculture.

“ Nursery ”

Act No. 37, 1906. 129

Vine and Vegetation Diseases {Fruit Pests).

“ Nursery ” means any place where plants or fruit trees arc grown

for sale.

“ Owner” or “ occupier” includes the agent of the owner or

occupier, and also any joint owner or joint occupier.

“ Owner” includes any person holding land under any lease or license from the Crown, or deriving title from, under, or through him.

3 . ( 1 ) The INIinister may appoint such persons as he thinks fit luspcctors.

to he inspectors under this Act.

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

of Neiv South AValcs.

Treatment o f fru it pests.

4 . ( 1 ) An inspector may enter any land or hiiilding, with or Power to ent>r upon

Avithout assistants, and search for fruit pests and ])lants and packages likely to convey any fruit pest, and may remain there so long as may he reasonahly necessary for the purpose of making such search.

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

aforesaid, that any fruit nest or plant or iiackage likelv to convev‘I™’'!’'" any fruit pest is in or upon any land or building, he shall so report ' ' ' to the Tlinister. And the Minister may thereupon, by notice in

Avriting served on the OAvner or occupier of the said land or hiiilding, require him, Avithin a tinu! therein mentioned, to take such measures and do sucli acts as may be specified in the notice for the treatment or the destruction of such fruit pest, plant, or package, and further notify liim that in default of compliance Avith the .said requirement an authorised person Avill, in pursuance of this Act, take the said measures and do the said acts at the expense of the said OAvner or occupier.

(3) If the said OAvner or occupier is of opinion that the Appeal to nmginrato

notice is unnecessary or that the measures required to be taken or the acts required to lu' done or any of them are unnecessaiy or unreasonable, he may, Avithin the time mentioned in the notice as aforesaid, apply in the prescribed manner to a police or stipendiary magistrate, or any tAVO justices, in a summary Avay for an order cancelling or A'arying the notice, and shall fortliAAith notify in Avriting 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.

(I) If th e said OAvner or occu p ier— Tieaiment of n-uit

(a) has not, Avithin the time mentioned in the notice, complied

Avith the requirements of the notice nor applied as aforesaid "ith.

to cancel or A’ary the notice; or

(b) has not, Avithin the time limited in any order of a magistrate made as aforesaid, complied Avith the order or AA'ith a notice as varied by the order,

I an

130   Act No. 37, 1906.

Vine and Vegetation Diseases [Ft'uit Vests).

an inspector may, with or without assistants, enter the land or building and take the measures and do the acts mentioned in tlie said notice or order, and may recover the cost thereof from the said owner or occupier in any Court of competent jurisdiction.

Destruetion of fruit, 5 . If in the opinion of the Minister the destruction of any

by order of Minister. Iruit 01’ plant infectcd by any iriut pest, or any package or thing

likely to convey any fruit pest, whctlier tlie same was or was not imported, introduced, or brought 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 such 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 be defrayed by such owner.

Certification o f nurseries.

Certification of	6. (1) The ^Minister may, whencA^er he thinks fit, and shall on request made to liim by the ou ner of any nursery, cause an inspector to inspect any such nursery, and if on such inspection it is found tliat 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.
(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 rcsjicct of Avhich the certificate Avas issued has become infected by any fruit jicst or other disease, and the person to Avhom such certificate Avas issued shall on demand deliver it up.
(3) Any person aaTio falsely pretends that he is the holder of any such certificate shall be liable to a penalty not exceeding fifty pounds.

nurseries for plants.

Supplemental.

Scrrice of notices

and orders.	7. (1) A notice or order may be served by delivering the same, or a true copy thereof, to any person at the residence of the person to Avhom it is addressed. TVhen the land or building in respect of AATiicb tbe notice or order is directed to be sei’A'cd is unoccupied, and tbe OAvner is absent from X cav South TVales, or is unknoAvn to the Minister, service may be effected by affixing the notice, order, or a true copy thereof in some conspicuous place on the land or building.
(2) I t shall not be necessary in any such notice or order to specify the name of the occupier or oAvner if the land or building the subject of the notice or order is therein referred to.
Proceedings against
occupier in first	8. Xo proceedings shall bo taken under this Act, or under Parts I I I or IV of the Principal Act, against any owner of any land or building in the occupation of any person to recover any expenses or
instance.

any

Act No. 38, 1906. 131

Appropriation.

any penalty for failing to comply n itli 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.

9. No person shall he entitled to receive any compensation Xo l■ompen8ation

whatsoever in consequence of any measures taken under this Act i'or

the treatment or destruction of any fruit pest, plant, or package, carrying out tin's

or in respect of any damage that may result to him therefrom,

cither directly or indirectly, unless the same was occasioned wilfully,

negligently, or without necessity.

10. The Governor may, subject to the provisions of Part I I I Eeguktions.

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