Vine Fruit and Vegetable Protection Act 1885 (SA)

ANNO QUADRAGESIMO OCTAVO ET QUADRAGESIMO

NON0

A.D. 1885.

No. 345.

An Act to prevent the Introduction, and to provide for the

Destruction, of certain Insects, and the Eradication of Diseases which injuriously affect Vegctation.

[Assented to, Nove?nder ~ r l h, 1885.1

HEREAS it is expedient to provide measures for preventing Preamble.

the introduction and for the destruction of insects, and eradication of diseases which injuriously affect trees, fruits, plants, and vegetables-Be it thercforc Enacted by the Governor of the Province of South Australia, with the advice and consent of the Legislative Council and ~ o u s e of Assembly of thc said Province, in this present Parliament assembled, as follows:

inspec tors	:
A-345.

1. This Act may be cited Tor all purposes as '' The Vine, Fruit, Short title.

and Vegetable Protection Act, 1885."

2, The Vines Protection Act, 1874," and Act No. 114 of Repeal,

1878, intituled, An Act for the Prevention and Eradication

of Diseases in Vines," are hereby repealed: Provided that all Saving clause.

Proclamations issued by the Governor under the authority of the

Vines Protection Act, 1874," in force at thc time of the passing of

this Act, shall continue to be in force until revoked under this Act,

and that all offences against the said acts, or either of them,

pnnishable by irnprison&nt or fine or pendty, committed before

the revocation of any such Proclamation, shall be punishable in the

same manner as if this Act had not been passed; and that all

inspectors holding office under Act No. 1 1 4 of 1878, at the time of

the coming into operation of this Act, shall be inspectors under

this Act, and shall have all the powers by this 9 c t conferred upon

48" & 49' VICTORIE, No. 345*

2 he Vine, Fruit, and Vegetable Protection Act.-1 885.

Interpretation. 3. In the interpretation and for the purposcs of this Act, the

following words in inverted commas shall have thc meanings

I hereinafter assigned to them, respectively, that is to say-

" Commissioncr " shall mean the Cotnmissioncr of Crown Lands

and Immigration, for thc time being, of the Province, and

any person for the time being acting as such:

"nisease" shall mean any of thc diseases caused by insects (as defined in this section), and any other disease affecting trees, plants, or vegetables, which the Governor shall from time to time, by Proclamation in the Government Gnz~ttu, declare to be a disease within the meaning of this Act:

" Insect " shall mean any of the 'insects known as phylbsera

~ a s t a trix, caqlocapsa pomon,elZu or " Codlin moth," rrspidio tus

uz~runtii or LLRouiid orange scale insect," and doyphora decemlinmta or "Colorado beetle," and any other insect which the Governor shall from timc to time, by Proclamation in the Government Gazette, declare to be an insect within the meaning of this Act:

'' Tree or plant " shall mean any tree or plant of the kind whereof the irrtroduction into the province shall bc prohibitcd or regulated under this Act, and shall estcnd to thc fruit or other product of such trcc or plant, and to every part of such t.rec, plant, fruit, or product.

Governor may pro-	4.	The Governor may, from timc to time, by Proclan~ation	in the
hibit introduction of

Government Gazette, do any of the following acts :-

trees, &C., l i f i to

disease.

( a ) Revoke, either wholly or partially, any Proclamation in force at the time of the coming into operation of this Act:

( b ) Prohibit the introduction into the provincc of any insect:

(c) Prohibit, either absol~ltely or subject to any regulations that

he may tldnk proper, thc intr&uction into the province of

any tree or plant or any other thing which, in his opinion,

may be likely to introduce any disease or insect into the

province: and

and may make R ~ U -	( d j Make such regulations as he may think proper for carrying into effect the provisions of this Act, and for the destruction in the province of any insect or the eradication of any disease.
lations.

Plants, &C., intro-

duced contrary to	5. -4ny insect, tree: plant, or other thing landcd in or otherwise wise introduced into the yrovince, in contravention of
Prnp,amation or re-	introduced into the province, or attempted to bc landed in or other-

gulation	he	any such Pro-
destroyed.

clamation or regulation, may, together with any package or case containing the same, OF with which the same may have come into contact, be seized by any person authorised by the Commissioner,

and be destroyed by fire or otherwise, without compensation to the

owner, or any other person.

6. Every

48" & 49O VICTORI&, No. 345.

The Vine, F~uit, and Vegetable Protection Act.-1883.

6, Every pcrson who shall, during the continuance of any prohibi- penalty for breach of

tion, land in or otherwise introduce mto the province, or attempt to ~	~	$	$	~	re-	~	O	r
land in or otherwise introduce into the province, or be concerned in landing in or othcrwisc introducing into the province any insect, trec, plant, or other thing contrary to any such Prochmation, or, except in accordance with the regulations for the time being in force, or who shall keep, or scll, or expose, or offer for sale, or in any manner cause the distribution of any living insect of the kind pro- hibited in any stage of existence, shall, on conviction for every such offence, forfeit and pay a sum of not less than Five Pounds nor more than One Hundred Pounds, or be liable to be imprisoned for any pcriod not exceeding six months.

7, The Commissioner may from time to time appoint such Inflpector3map be ~~ppointed.

persons as hc may deem fit to be inspectors under this Act, and

rnay from time to timc dismiss or remove any inspector.

8, Every inspector may, without notice, and with or without Powersof inspectore to enter.

such assistants as he may think fit, enter at all times into and upon any lands and buildings, or upon any vessel on or in which any tree or plant shall be, or shall be suspected to be, and may examine and rcrnovc any such trec or plant for tho purpose of as&taining

if the same is injuriously affected by any insect or disease, and may erect such land or other marks as he may think necessary or desirable for the purpose of indicating that any tree or plant has been rcrnoved for examination under this Act, or is so injuriously affected.

9, If any inspector shall bc of opinion that any kind of trcc or commissioner may

plant is injuriously affected by any insect or disease, he shall report hstr,,ydisosed authorise inspector to

the same to the Commissioner, who may authorise the Inspector to plants, &c.

tnkc a11 such mcasures for the cradication of the insect or discasc,

whether by destr~xct,inn of the tree or plant or otherwise, as the case

for every such inspector to direct any person in occupation of any	rnay in the opinion of the inspector require; and it shall be lawful
lnnd on which any disease or insect s l d l exist to take such measures and do such acts as the inspector may determine for the eradication or destruction of such insect or disease.

10. No inspector under this Act, nor any person authorised by NO compensation allowed for damage

him, shall be deemed to be s trespasser by wason of any entry or .,,ioned by

removal unnclcr this Act, or hc liable for any damage occasioned in cnm~ing	out this Act.
carrying out the provisioris of this Act; nor shall any person be entitled to receive any compensation whatsoever in consequence of any measures taken for the eradication of any insect or disease, or in respect of any loss or injury that may result to him therefrom, either directly or indirectly.

11. No land or other marks erected, under section 8 of this Act Pemlty for removing land marks or planting

by order of any inspector, shall be taken up or otherwise interfered ~ i n c s o n i n f e c t e d l ~ d,

with

48" & 49' VICTORIE, No. 345.

The Vine, F~lcit, and Vegetable P~otection Act,-1885.

with by any person without the written authority of an inspector

under this Act; and no grape vines shall be planted or permitted to grow in any part of any land from which part any grape vine shall have been removed, as aforesaid, during thc period of five years after such removal without the authority of the Commissioner. Any person who shall commit a breach of this section shall bc liable on conviction thereof to a penalty of not less than Ten Shillings, nor more than Ten Pounds, or to be imprisoned for any period not ex- ceeding one month; and all grape vines planted or growing on any land contrary to this section shall be destroyed.

Penalty for ohstruct- 12, Evcry person who shall in any manner obstruct or impede

ing inspectors.	any inspector, or person acting under the direction of an inspector, in the execution of his powers under this Act, or who shall refuse o r neglect to carry out any lawful direction of any inspector, shall, fbr every such offence be liahle, on conviction thereof, to a penalty not exceecling Fifty Pounds. or to imprisonment for any term not ex- ceeding three months, with or without hard labor.
Penalties recoverable
by information.	13. All fines and penalties for any offence against or breach of this Act, or any Proclamation or reg;latinn made under the autho- rity of this Act, may be recovered before any two or more .Justices of the Peace in ,z summary way, on information by the Commis- sioner or any inspector under this Act.
Gazette evidencc of

appointment of In- 14. Thc production of the Government Gaze ttt coon taining any

spectors.	notice of the appointment of any person to	the office of inspector
under Act No. l14 of 1878, or under this	Act, shall be evidencc
of such appointment.
Gasette evidence of

Proclamation and 15. The ~woduction of the Governnzent Gazette containing any

regulations. ~roclamatior; under the Vines Protection Act, 1874," or any Pro- clamation or regulation under this Act, shall he cvidence in all courts of law and equity of the existence of such Proclamation or regulation, and that the same has been lawfully made.

Application of No. 6

of 1850.	16, The proceedings before Justices shall be conducted as ap- pointed by, and shall be regulated under, the Ordinauce No. 6 of 1850, intitulecl An Ordinance to facilitate the performance of the duties of Justices of the Peace out of Sessions with respcct to sum- mary convictions and orders ;" or of any other Act for the time being in force relating to the duties of Justices of the Peace with respect to summary convictions and orders; and the payment of any fines, or penalties, payable under this Act may be enforced by distress or imprisonment, or both, as provided by the said Ordinance.
&peal to nearest
Local Court of Full	17. There shall be an appeal from any conviction by Justices for mation under this Act; which appeal shall be to the Local Court of Full Jurisdiction nearest to the place or Court where the original proceedings were commenced; and the proceedings in such appeal
Jurisdiction from	any offence against this Act, or from any order dismissing an infor-
order made by
Juetices.

shall

48" & 49' VICTORIE, No. 345.

The Vine, Fruit, and Vegetable Protection Act.-1885.

shall be conducted in manner appointed by the said Ordinance No. 6

of 1850, or any Act to amend the said Ordinance, for appeals to

Local Courts; and the said Local Court may make such order as to payment of costs of' appeal as it s l d think fit, although such costs may exceed Ten Pounds.

18, I t shall be lawful for any Local Court of Full Jurisdiction, Imal court of Full Jurisdiction may

upon the hearing of any appeal under the last preceding section, to a case for

state one or more special case or cases for the opinion of the Supreme opinion of Supreme

Court.

Court, and the, Supreme Court shall hear and decide such special case or cases, according to the practice of the Supreme Court on special cases; and the Supreme Court shall inakc such order as to the costs of any such specid case as to the said Court shall appear just; and any two or more Justices, or any Local Court of Full Jurisdiction, shall make an order in respect of the matters referred to the Supreme Court, in conformity with the certificate of the said Supreme Court, or of any Judge thereof, which order of the Justices of the Peace or Local Court shall be enforced in manner provided by this Act for the enforcement of orders of Justices of the Peace; and, save as herein provided, no order or proceeding of Justices, or of any Local Court made under the authority of this -4ct, shall be appealed against or removed by certio~nri or otherwise into thc Supreme Court of the said Province.

19, All actions against any inspector, or other person acting in Protection to inspec-

the execution of this Act, for anything done in pursuance of this Act, ~ ~ ~ ~ " , $ ~ ~ ~ ~ ~ g

shall be commenced within four months after the happening of the ~ c t.

cause of action, and not otherwise; and notice in writing of such

action ancl of the cause thereof shall be given to the defendant one

calendar month at lcast before the commencement of the action, and

the defendant in any such action may plead thc gcneral issue, and

give this Act and the special matter in evidence at the trial; and the

plaintiff shall not recover in such action if tender of sufficient

brought the defendant shall pay into Court sufficient amends; but in amends shall have been made heforr action brought: or if after action such last-mentioned case the plaintiff shall recover his costs of suit up to the time of payment into Court, and if the defendant shall obtain a verdict, or the plaintiff become nonsuit or discontinue, or the dcfcndant shall otherwise recover judgment, fie shall recover full costs as between attorney and client upon such judgment.

h the name and on behalf of Her Majesty, I hereby assent to

this Bill,

JAS. P. BOUCAUT, Deputy G-overnor.

~ - d

+ --A -- -. ,

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Adelaide : By authority, E. SPXLLEB, Gover~ment Printer, North-terrace.

B-345.