Vine Diseases Act 1886 No 28a (NSW)

No. XXIII.

All Act to prolilbit tlie Importation of Grape-^

vines and to deal with the disease Iviiown as Phylloxera Yastatrix. [23?y? October,

1886.]

TTfTIIEllEAS it is necessaiy that immediate action be taken to Prcami)ic.

eradicate the disease in vines caused hy the insect called “ Phylloxera Vastatrix” and to prevent the further introduction into the Colony of the said disease Ee it therefore enacted hy the Queen’s ^lost Excellent iMajesty hy and Avith the advice and consent of tin; JiCgislativc Council and Leu'islative Asscnnhly of X'ew South Wales in Parliament assembled and hy the autliority of the same as folloAvs ;—■

T T

1 . This Act m aybe cited as lh c “ Vinc Diseases ,Vct 1 8 8 G ” short title and

and in its construction “ Disease” means the disease in grape-rdnes

caused hy the “ Phylloxera Vastatrix” “ Diseased” means affected Avith disease as aforesaid “ GoAmrnor” means the Governor Avith the adA'ice of the ExecutiA O Council “ District” moans a Vine Disease District proclaimed undt'r this ,Vct “ 31inister” means the responsihh* Winistm* of the CroA\ n charged Avith the administration of this Act

“ Vine” means all parts of a grape-Aim; exct'pt grapes ^\nd “ Vint'- -

yard” means any portion of land planted Avith vines “ OAvner” means

owner tenairt or person in tdiargc. •

2 . The GoA'crnor inay hy proclamation in the Gazette from time xiie importation of

tiny A'ines cither generally or from any place or places to ht; natned in restrictecU

such proclamation and tnay in like manner alter revoke or suspend

for any sjtccificd timtA the operation of any such ^n'oclamation ;ind

to time prohibit or restrict the importation into XeAV South Wales of grape-vines may bo brought into X cav South Wales contrary to tiny such proclamation shall be forfeited and shall be destroyed or otherAA'ise disjiosed of as the Minister may direct and Avhosoever shall import or attempt to import any Auncs contrary to tiny such proclamation shall on conviction thereof pay a jienalty not cxci'eding fifty pounds.

3 . The GoAmrnor niav 1)A' proclamation in the Gazette declare Proclamation of

any portion of the Colony defined in such proclamation to be a	and powers
district tor the purposes or this Act and may appoint an Inspector ot A'ineyards for such district or for any group of such districts Avho may

AA'ith

64	'No. 23.	50« VIC.	1886.
Vine Diseases.

witli twenty-four hours notice to the owner enter at all reasonable hours of the day upon any vineyard without incurring any liability in respect of such entry Tlic Governor may in like manner rescind wholly or in part any such proclamation or may declare any district to he free from disease.

Destructions of

vines and compen­	4. All vines in any vineyard now or hereafter reported and joroved to the satisfaction of the Minister to he diseased or such vines therein as the Minister may deem necessary shall it the Minister so direct he rooted up and destroyed by any Inspector or person authorized hy the ^linister to act as Assistant Inspector in such manner and hy such methods as may he prescribed by the regulations Pro­ vided always that tin; owner of vines so rooted up and destroyed shall whether the same wore actually diseased or not be entitled by way of comj^ensation to an amount not exceeding the value of such vines if the same had not been rooted uji to he ascertained as hereafter provided.
sation tlicrefor.
Compensation bow
determined.	5. 4'he cempensation to be paid to any owner of vines destroyed under tliis Act shall be such sum as may be determined by a Board of three persons to be appointed by the Governor but no Inspector shall be competent to l)e appointed to such Board.
Adjustments as
between landlord	0. AVhere land containing a vineyard on which any vines have been rooted up and destroyed under the provisions of this Act is under lease at the time of such rooting up and destruction the tenant of such land shall be entitled to give rvritten notice to his landlord or to the agent of such landlord requiring him to make such abatement in the rent reserved on such land as may he a fair compensation for the loss or injury sustained by such tenant in consequence of such rooting- up and destruction (to lie determined if necessary by the Board in the manner prescribed 1)V regulations) If such land was wholly or mainly cultivated as a vineyard the tenant may at his option declare the lease to be cancelled Tlie manner of giving effect to such abatenumt of rent and of modifying the covenants or agreements in the lease as also the manner of giving effect to the declaration of cancellation shall be prescribed by the regulations.
and tenant.
"Removal &c. of
grape-vines.	7. If any person removes or carries away or orders or causes to be removed or carried arvay from any diseased district any vine or plants or transplants witbin or brings into any part of Kew South AÂ ales any vine which has been removed or carried away from any vine disease district or from any place outside Isew South Monies infected Avith disease every such person shall on conviction thereof pay a penalty not exceeding one hundred pounds or in default of pay­ ment of such penalty or unless such penalty shall be sooner paid may be impx’isoned for any term not exceeding six months.
Disease to be notified	8. The OAvner of any Auncyard shall immediately on his ascer- taiiring the existence therein of disease notify that fact to the Minister and if he neglects to do so any claim to compensation AAdiich he might otbenvise liaA-c had under this Act shall be forfeited and if he shall be proA’ed to har e so neglected to notify such disease for the space of fourteen days after he had kiiOAAui of its existence or had reasonable grounds to susixect its existence he shall be liable to a penalty not exceeding one hundred pounds and in default of payment thei’cof or unless such penalty be sooner paid be imprisoned for any term not exceeding six months.
When vines not to

be replanted. 9. If any person shall plant Avith vines any A’incyard or portion

of a vineyard in Avliich vines have been rooted up and destroyed under the provisions of this Act before the district in Avliich such Auneyard or portion thereof is situated has been proclaimed free from vine disease as hereinbefore provided such person shall be liable to a penalty not exceeding fifty pounds and any vines so planted shall be rooted up and

' destroyed

1886. 50« VIC. ]Ŝ o. 24.

Municipalilies Act of 18G7 Amendment.

destroyed as in the ease of a vineyard reported to ho diseasc-d Avithin	,
the meaning of section four of this Act AAothout compensation to the owner thereof and the cost of rooting up and destroying 1lu! same may ho re'coA'ered in a summary Avay from such owner or from the person avIio planted such vieies as a penalty under this Act is rccove'rahle.

10. A^^hosoever shall wilfully obstruct anyperson lawfully acting on person

in the execution of this Act shall forfeit and pay for every sucli offence	obstrutung.
any sum not exceeding ten pounds.

11. All informations for offences against this Act may 1k' heard Riimnmrv

and determined and all penalties under this Act may he im]>os('d py

any Stipendiary or Polices Alagistrato or tAvo or more Justiei's in a, summary AA'ay Provided always that any person aggricAXMl hy any adjudication of such Alagistratc or Justices may appeal thenOVom to the next Court of General Sessions held Avithin the Jlistrict Avhere the adjudication Avas had or nearest thereto And such appeal and the parties thereto shall he governed hy the pi’OA’isions regulating appeals contained in sections four hundred and fortA'—four hundred and fortv one—four hundred and forty-tAvo—and four hundred and forty-three of the “ Criminal LaAV Amendment Act of 188J.”

12. The GoA'crnor may make regulations to provide for the proper destruction of Aunes for the manner of giA’ing effect to the abatement of rent and of modifyin<x the coA'cnants or agreements in any lease as also for the manner of giving effect to any declaration of cancellation of such lease and all such rc'gulations Avhen published in

the Gazette shall haAx; the foi'ce of laAv. .

13. This Act shall remain in force for the period of thr(;e years Oinatio;i of An.

from the first of January one thousand eight hundred and cigiity-scven.