Vine Diseases Act 1878 (SA)

ANNO QUADRAGESIMO PRIM0 ET QUADRAGESIMO

SECUNDO

An Act for the Preuenliojs and X~.adication of Disenses in VVines.

[Asscntcd to, 30th November, 1678.]

HEREAS it is expedient to provide better means for the Pre~mble.

prevention and eradication of Diseases in Vines-Be it

therefore Enacted by the Governor of the Provincc of South Australia, with the advice and conscnt of the Legislative Council and IIousc of Assembly of the said province, in this present Parliament assembled, as follows:

l. The Governor may from time to time appoint such persons Govomorwy appoint of vine-

as he may dccm fit to be inspectors of vineyards; and every hspectors	yards.
such person and his assistarits inay without notice enter at all reasonable hours in the daytime into and upon any lands
and tenements (in this Act called vineyards) on or in which
any grape vines may be planted or growing, whether enclosed or not, for the purpose of ascertaining if the disease caubed by the insect called p hylloxem uastatrix cxis ts in such vineyard, and may also erect such landmarks as may be thought news- sary or desirable for the purpose of indicating any land in which any such disease as aforesaid may be found to exist, or from which vines have been removed for the purposcs of this Act; and no inspector or his assistants shall bc deemed to be trespassers by reason of any such entry, or be liable for any damage occasioned in the carrying out of this Act, unless the same was occasioned wilfully and without necessity.

exists in any vineyard, he shall rcport the same to the Commis- cationofdieorreer.

sioner of Crown Lands, who may authorise the inspector to take

all such measures as he may deem sufficient for the eradication

thereof,

2. If any inspector is of opinion that any such disease as aforesaid Ine~eotom may take measures for eradi-

2 41' & 420 VICTORIB, No. 114.

Diseases in Y i ~ e s Act.-1878.

thereof, whether by destruction of the grape vines in such vineyard, or any part bf them, or otherwise m the case shall seem to require, and no person shdl be entitled to receive any compensation whatso- ever in consequence of any measure that may be so taken for the eradication of such disease, or in respect of any losrr or injury that may result to him therefrom, either directly or indirectly: Provided always that where vines are affected by the disease caused by the insect called phyllozera vustatrix, such vines shall be uprooted and destroyed on the spot by fire, so that such insects may be at once killed.

L a n d ~ ~ ~ e c ~ d b ~

impedors not to be	3. No landmarks erected by order of any impector for the purpose of indicating any land from which vines have been removed for the purposes of this Act shall he taken up or otherwise interfered with by any person without the written authority of such inspector, and no grape vines shall be planted or perrnittcd to grow in my part of a vineywd from which part any grape vines shall have been so removed for a period of five years after such removal, and any person wha shall commit a breach of this section shall be liable to a penalty of not less than Ten
rcmovad.
Penalty.	Shillings, nor more tlmn Ten Pounds, or to be imprisoned for any period not exceeding one month, and all grape vines planted or growing in or on any such part within such period shall be destroyed.

Vines Protection ~ c t, 4, The Vines Protection Act, 1874," shall extend to and

to

vine leavea.

include vine leaves, and shall be read and construed as if the words

or line leaves" had been inserted therein throughout after the

words vine cuttings or rooted vines."

Appropriation of

pe1dt.w.

5. Every sum which shall be imposed as a penalty under this

Act shall be paid to the 'i'reamrer for the public uses of the said

province. ,

Procedure. 6, Every offender against any of the foregoing enactment8 may be prosecuted, and every fine, forfeiture, or penalty incurred under this -4ct may be imposed and rccovered in the manner provided in the Ordinance, No. 6 of 1850; and every information for au offence committed against any of the foregoing enactments shall be heard and adjudicated upon by a special magistrate or two justices of the peace for the province; and all forfeiture8 under this Act may be declared, and all fines and penalties incurred under this Act may be imposed, and payment thereof enforced by him or them respectively as the case may be.

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

thiu Bill.

WM. F. DRUMMOND JERVOIS, Governor. /