sf j 109 No. 19.] Plants Protection Ordinance, 1.909, 6 - S' 56 1 hl2. ;:EtI i..1 fz ry4.. ' %A I assent. J. HAYES SADLER, Governor. 9th December, 1913. SAINT LUCIA. No. 19 of 1913. r I. 1 AN ORDINANCE to amend the Plants Protection Ordinance, 1909. [ 30th December, 1913. ] it enacted by the Governor, with the advice and consent BEof the Legislative Council of Saint Lucia, as follows :- 1. This Ordinance may be cited as the Plants Protection Short title. Ordinance, 1909, Amendment Ordinance, 1913, and shall be read and construed as one with the Plants Protection Ordinance, 1909, hereinafter called the principal Ordinance. I
a A I 110 I? No. 19.] Plants PRofection Ordinance, 1909, Amendment Ordinanle. 1913. Uk U' K' New title of Ordinance No. 12 of 1909. Interpretation of terms. 2. The title of the principal Ordinance is hereby repealed, and the following shall be substituted therefor- "An Ordinance for the prevention and eradication of Diseases and Pests affecting vegetation." 3. (1.) The interpretations of the expressions " Packages" and " Plants " in section two of the principal Ordinance are hereby repealed, and the following shall respectively be substituted therefor- " Package " includes box, covering, wrapper, earth, soil or anything whatsoever in which plants are or have been imported, kept or conveyed. " Plant" includes tree, shrub, herb or vegetable ; and cuttings, bulbs, seeds, berries, buds and grafts ; and the fruit or other product of any plant; and the root, trunk, stem, branch or leaf of any plant ; and the whole or any part of any growing, dying or dead plant, including emptied pods, husks or skins ; but it shall not be deemed to include imported vegetables or fruit intended for consumption as food and not for propagation. (2) The following interpretations shall be added to section two of the principal Ordinance:- " Agricultural Superintendent" means the Superintendent of the Department of Agriculture of the Colony. " Animal organism" means any animal organism in whatever stage of existence it may be. " Disease" means any disease affecting plants caused by or consisting in the presence of any pathogenical, animal or vegetable organism which the Governor in Council may by Proclamation in the Gazette, with the consent of the Legislative Council signified by resolution, from time to time declare to be a disease within the meaning of this Ordinance; and in sections three seven and eleven of this Ordinance it includes any disease affecting plants which has not been declared by such a Proclamation to be a disease. " Inspector" means an Inspector of Plants appointed by the Governor for the purposes of this Ordinance. " Occupier" means the person in actual occupation of any land, or, in the case of unoccupied land, the person entitled to the possession thereof or his agent in the Colony.
No. 19.] 1II 1'lants P oleclion Ordinance, 190.'), Amen iment Ordinance, 1913. 4' "Pest" means any parasitical, epiphytal or other animal or vegetable organism affecting plants which the Governor in Council may by Proclamation in the Gazette, with the consent of the Legislative Council signified by a resolution, from time to time declare to be a pest within the meaning of this Ordinance ; and in sections three, seven and eleven of this Ordinance it includes any such organism affecting plants which has not been declared by such a Proclamation to be a pest. "Regulations " means regulations under this Urdinance. " Vegetable organism " means any vegetable organism in whatever stage of existence it may be. 4. Sections three, four, six, seven and eleven of the Ordinance shall be amended as follows:- (a) The words " or pest" shall be added after the word " disease " in subsection one of section three ; (b) After the word "importer " at the end of paragraph (2) of section four the following shall be added:-" Provided that the Agricultural Authority may, in his discretion, refrain from disinfecting any such plants or packages "I where he is satisfied that disinfection is unnecessary. (c) The words "and packages" shall be added after the word " plants " in section six ; (d) In lieu of the words " vegetable or insect pests " in subsection one of section seven the words " disease or pest " shall be substituted ; and the word " hereunder " in the said subsection shall be struck out. (e) The words "insect" and " fungoid" in subsection one of section eleven shall be struck out. principal Amendments of sections 3, 4, 6. 7 and. 11 of Ordinance No. 12 of 1909. - 5. The following sections shall be added to the principal New sections added Ordinance and numbered respectively fourteen, fifteen, sixteen, to No. 12 of 1909. seventeen, eighteen, nineteen and twenty: "14. It shall be lawful for the Governor in Council, wi th the Prncla'ration of consent of the Legislative Council signified by resolution, infected area. from time to time by Proclamation in the Gazette to declare any disease or pest to be a disease or pest within the meaning of this Ordinance; and if the Governor in Council is satisfied that any such disease or pest exists in the Colony, he may by the same or any other Proclamation in the Gazette declare that the provisions of this Ordinance shall apply to that disease or pest throughout
a I t ^I =I 112 No. 19.] Plants Protection Ordinance. 1909. I Notification of disease or pest by oocupier of land. Power to enter land. Notice requiring eradication of disease or pest. Eradication by Inspector on noncompliance with notice. the whole Colony or in any one or more specified areas in the Colony, and thereupon the said provisions shall apply accordingly. "15. (1.) So soon as the occupier of any land becomes aware of or suspects the existence of any disease or pest affecting any plant in his land (a) he shall forthwith report the same to the Agricultural Superintendent or to an Inspector or to the officer in charge of the Police Station nearest to the land, and also to the occupier or occupiers of adjoining lands ; and (b) he shall forthwith take all practicable measures for eradicating the disease or past and for preventing its spread or recurrence. " (2.) Every officer in charge of a Police Station shall forthwith forward to the Chief of Police any such report received by him, and the Chief of Police shall forthwith transmit the same to the Agricultural Superintendent." " 16. The Agricultural Superintendent or any Inspector may, with or without assistants, at all reasonable times enter without notice upon any land and make an examination for the purpose of ascertaining if any disease or pest exists thereon, and may remain thereon, as long as may be reasonably necessary for such purpose." "17. (1.) Where the Agricultural Superintendent or any Inspector is satisfied that there is any disease or pest affecting any plant in any land, he may serve a notice in writing, in the form in the Schedule to this Ordinance or to the like effect, upon the occupier of the land requiring him within the time specified in the notice, to carry out such measures as may be necessary for the eradication of or for the prevention of the spread of the disease or pest, including in such measures the total destruction of any plants, whether they are so affected or not. (2.) If any occupier upon whom a notice is served under this section fails to carry out the requirements of the notice within the time therein specified, the Agricultural Superintendent or any Inspector, with or without assistants, may enter upon the land and take such measures as may be necessary for properly and effectively carrying out the requirements of the notice. For the purpose of taking such measures the Agricultural Superintendent 4' 4.,
113 No. 19.] Plants Protect~on Ordinance, 190.9, Amendment Ordinance, 1)13. Li~ i r or Inspector may act through any agent authorised by him in writing generally in that behalf. (3.) The expenses incurred by the Agricultural Superin- Recovery of tendent or Inspector in carrying out the requirements of the notice shall be paid by the occupier in default, and sball be recoverable from him as a debt before a District Court, and until paid shall be a first charge in favour of the Crown, without registration, on the land affected by expenses of eradica. tion. the notice. This liability shall be in addition to any liability to a penalty on conviction for an offence under this Ordinance. (4.) In any proceedings for the recovery of such expenses Procedure for refrom the occupier in default, the Agricultural Superin- overy of expenses. tendent or Inspector as Plaintiff may be represented by any person authorised by him so to do. In any such proceedings, and at the hearing of any complaint for an offence in respect of the failure to comply with a notice under this section, the Court may receive proof of the service of the notice by a statutory declaration of the person who served the same; and the declaration shall be exempt from stamp duty." (5.) It shall be lawful for the Governor out of moneys Compensation. voted by the Legislative Council to make grants, in such amounts as he shall think fit, by way of compensation or partial compensation to occupiers and to owners, according to their respective interests, in respect of healthy plants destroyed in order to prevent the spread of any disease or pest into adjoining lands. "18. (1.) Any notice under the last preceding section may Service of notices. be served by delivering the same or a true copy thereof (a) to the occupier of the land, or (b) to some adult person at the occupier's usual or last known place of abode or business, or (c) by affixing the same or a true copy thereof on some conspicuous place in the land. (2.) Any such notice may be addressed by the description of the " Occupier " of the land (describing the land) in respect of which the notice is served, without further name or description." "19. (1.) No person authorised under the provisions of this Protection of per- Ordinance shall be deemed a trespasser by reason of any entry, or destruction, or action taken, or thing done under this Ordinance, or be liable for any damages sons acting under this Ordinance.
f U.' 1 114 No. 19.] Plants Protection Ordinance, 1909, Penalty for intro. ducing love-vine on plant. occasioned by the carrying out of any of the provisions of. this Ordinance unless the same were occasioned maliciously and without reasonable and probable cause. (2.) No action shall be brought against any person acting or purporting to act in the execution of this Ordinance unless it be commenced within three months of the date when the act complained of was committed, and notice in writing of the action and the cause thereof shall be given to the defendant one month at least before the commencement of the action." "20. (1.) Every person who introduces any love-vine on any land, road, plant, fence, building or place shall be liable on summary conviction to a penalty not exceeding twenty pounds, and, if he is or appears to the Magistrate before whom he is charged to be under the age of sixteen years, he shall be liable for every such offence, in addition to or in lieu of any other punishment, to be whipped once with not more than twelve strokes of a tamarind rod or other similar rod. (2.) " Love-vine " means the plant commonly called lovevine or vermicelle bois and any plant, or part thereof, of the genus Cuscula." t Section 14 of No. of 1909 amended and re-numbere 21. 12 6. Section fourteen of the principal Ordinance shall be renumbered twenty-one and shall be amended as follows:- (a) In lieu of the word " made " in the second line of subsection one, the words " or notice made or issued " shall be substituted, and (b) In lieu of the word "Authority" in sub-section two, the words " Superintendent or an Inspector or the Chief of Police, or any person authorised by the Treasurer or Agricultural Superintendent or Chief of Police " shall be substituted. i1 New section 22 in place of section 16 of No. 12 of 1909. Regulations. 7. Section fifteen of the principal Ordinance is hereby repealed and the following section shall be substituted therefor and numbered twenty-two:- "22. The Governor in Council may from time to time make regulations, (i) For securing the detention and examination of, and for regulating or prohibiting the removal of, any plant, earth, soil, dung, manure or thing suspected l
115 No. 19.] Plants Protection Ordinance, 190", to be affected with any disease or pest, or of any packages suspected to have contained any such plant or things ; (ii) For securing the effectual treatment of plants affected with disease or pest and the effectual eradication of diseases and pests, and for the supply of chemicals, appliances and other means whereby the treatment or eradication may be facilitated; (iii) For regulating the duties of Inspectors and other persons charged with the execution of any of the provisions of this Ordinance or of any regulations ; (iv) For declaring any place or area to be under quarantine and for enforcing and regulating such quarantine ; (v) And generally for preventing the introduction into the Colony or the spreading therein of any disease or pest. II 8. Section sixteen of the principal Ordinance shall be re- section 16 of No. 12 numbered twenty-three. 9. In all copies of the principal Ordinance hereafter printed by the Government Printer, all repeals and amendments of the provisions of the principal Ordinance made by this Ordinance shall be omitted and inserted, as the case may be, and reference shall be made in the margin of the principal Ordinance to the sections of this Ordinance by which the repeals and amendments are respectively made. of 1909 re-numbered 23. Copies of No. 12 of 1909 to be reprinted as amended by this Ordinance. 1
116 No. 19.] Plants Protection Ordinance, 1909, SCHEDULE. Plants Protection Ordinance. (1) Or " To the To (1) the occupier of (a) occupier of (2) " if his name is not known. Take notice that I, the undersigned in pursuanoe (2) Describe the of section 17 of the Plants Protection Ordinance, 1909, enacted by Ordinance No. land or portion of of 1913, do hereby require you, before the (3) day of land affected with 191 to carry out the following measures (4) disease or pest. (3) A reasonable limit of time is to And take notice that if you fail to comply with this notice you shall be liable be fixed for the to a penalty on summary conviction, and you shall in addition be liable to pay the completion of the expenses I may cause to be incurred in carrying out the requirements of this notice. work required to be done. (4) State them and Dated this day of 191 the disease or pest to be dealt with. Inspector of Plants. } DECLARATION. (To be endorsed on the notice.) I, the undersigned do solemnly and sincerely declare that I served notice of which the foregoing is a true copy on the day of a true copy of the foregoing notice (5) Strike out 191 (5) by delivering the same to (6) at alternative words (5) by delivering the same to an adult at the (5) usual or last known place of abode or which are not business of (6) at (5) by affixing the same conapplicablespicuously to a (7) on the land mentioned in the notice. (6) Name of per- son to whom notice I make this declaration conscientiously believing the same to be true and according is addressed. to the Statutory Declarations Ordinance, 1887. (7) Post, &c. Server of Notice. Declared before me at this day of 191 N.B. This declaration is exempt from stamp duty. Justice of the Peace. J, Passed the Legislative Council this 26th day of November, 1913. 1913-948. SAMUEL OKELL, Clerk of Councils. t PRINTED BY THE GOVERNMENT PRINTER, AT THE GOVERNMENT PRINTING OFFICE, CASTRIES, ST. LUCIA. 1 s t ti A