Vine Diseases Act Amendment Act of 1888 (NSW)

ANNO QUINQUAGESIMO SECUNDO

V I C T O R I A REGINAE.

No. I.

An Act to en large t he powers conferred by, and amend, t he " Vine Diseases Act, 1886." [22nd June, 1888.]

WH E R E A S it is desirable to give cer ta in powers which t hey do Diseases A c t 1880 ," and also to amend t h e said Act in cer ta in respects :

not now possess to t h e Board appointed under t he " Vine

Be i t therefore enacted by the Queen ' s Most Exce l l en t Majes ty , by and w i t h t h e advice and consent of t h e Legislat ive Council and Legis la t ive Assembly of N e w South Wales in Pa r l i amen t assembled,

and by the au thor i ty of t h e same, as fo l lows :—

1. This Ac t m a y be cited as t h e " Vine Diseases A c t A m e n d ­

m e n t A c t of 1888" ; and the expressions used in i t shall bear t he same mean ings respectively as are a t t r ibu ted to t h e m in t h e " V i n e Diseases

A c t 1886 , " here in te rmed the " P r i n c i p a l Ac t , "

2. The Board, or any person by t h e m author ized in wr i t ing , may , a t any t ime after giving twenty-four hours not ice of t he in ten t ion so to do, enter into, and inspect at all reasonable hours of t h e day any vineyard, w h e t h e r t h e same be in a distr ict proclaimed u n d e r t h e Pr incipal Act or not , and shall , in a n y case in which any vine in such v ineyard has been found diseased, repor t for thwith t h e fact to t h e Minis ter .

3. T h e Board, after inspect ion of any vineyard, and wi th t he consent of the Minis ter , may direct any Inspec tor or Ass is tant Inspec tor to destroy any vines in any vineyard found to be diseased, in such m a n n e r and a t such t ime as they shall au thor ize a n d require . A n d every such direction shall be as sufficient an au thor i ty to such Inspec tor or Assis tant Inspec tor as if t h e same had been given by the Minis ter .

K No. I I .

4. Before any vines shall be destroyed pu r suan t to t h e last
preceding section, the Board shall endeavour to agree wi th t he owner

of the said vines as to t h e compensat ion to be paid to h i m for in jury

caused to his p roper ty by reason of such des t ruc t ion ; b u t if t h e Board

and such owner cannot agree as to t h e a m o u n t of t h e compensat ion wi th in fourteen days from the date of a not ice to t r ea t to be given by t h e Board to t he owner, t h e n t h e Board may direct such des t ruct ion of vines to be carried out for thwith ; and the compensat ion in t h a t case shal l be de termined by t h e Board, subject to t he approva l of t h e Minis ter . I n no case shall any grea ter a m o u n t of compensat ion be

awarded t h a n the ac tua l cost of format ion of t h e v ineyard or por t ion

thereof in which vines shall have been destroyed p u r s u a n t to this Act . 5. After the passing of this A c t t he Board shal l be composed

of five persons to be appoin ted by t h e Governor, any three of w h o m
shall be a quorum.