Plant Protection Act,1941


Published: 1941

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Plant Protection (CAP. 329 1

CHAPTER 329

THE PLANT PROTECTION ACT

Arrangement of Sections
Section

1. Short title.
2. Interpretation. - 3. Appointment of Officers.
4. Power to make orders.
5. Occupier to give notice of notifiable disease or pest.
6. Power of entry.
7. Procedure for eradication of diseases and pests.
8. Non-compliance with order.
9. Quarantine of nurseries.

10. Service of notice in absence of occupier.
11. Compensation.
12. Informality not to invalidate proceedings.
13. Offences.
14. Legal proceedings.
15. Regulations.
16. Document to be evidence.
17. Saving of Proclamations made under Ordinance

1611923.
SCHEDULE.

LAWS OF ANTIGUA AND BARBUDA

Plant Protection (CAP. 329 3

PLANT PROTECTION

(1 l th August, 1941 .) 1411941.
1811989.

S.I. 3911989.

1. This Act may be cited as the Plant Protection Act. short title.

2. In this Act- Interpretation.

"animal organism" means any animal organism in
whatever stage of existence such animal organism

-. may be;

"disease" means any abnormal conditions of plants,
communicable or believed to be communicable by
the transfer of a causative agent or by the propaga-
tion of the affected plants, which the Minister may
by order from time to time declare to be a disease
within the meaning of this Act;

"diseased" means affected with disease;

"disinfection" means the utilization of any substance
or process designed to prevent, eliminate or reduce
any disease or pest with which plants or parts of
plants may be affected;

'6. ~mport" with its grammatical variations and cognate
expressions means to bring or cause to be brought
within Antigua and Barbuda or the waters thereof;

"land7' includes plantation and nursery;

"notifiable disease" means any disease which the
Minister may by order, from time to time, declare
to be a notifiable disease within the meaning of this
Act;

"notifiable pest" means any pest which the Minister
may, by order, from time to time, declare to be .
a notifiable pest within the meaning of this Act;

LAWS OF ANTIGUA AND BARBUDA

4 CAP. 329) Plant Protection

6 6 nursery" means any land or place whereon is grown
or kept any plant intended for sale or distribution;

6 ' occupier" in relation to any land or building means
the person in actual occupation thereof or, if there
is no such person, the owner of such land or
building;

' 6 owner" means the person who is for the time being
entitled to receive the rent of any land, or who,
if the same were let to a tenant at a rack rent, would
be entitled to receive such rent;

6' package" includes any container, box, covering, wrap-
per, or anything whatsoever in which plants are,
or have been, imported, kept or conveyed;

"pest" means any parasitical, epiphytal or other animal
or vegetable organism inimical to the growth or
existence of living plants or injurious to plant pro-
ducts, and any agent capable of producing a com-
municable disease of plants, which the Minister
may, by order, from time to time declare to be a
pest within the meaning of this Act;

"plant" includes any tree, shrub, herb or vegetable;
any cutting, bulb, seed, bud or graft; and the fruit
or any other part of any plant; and the whole or
any part of any growing, dying, or dead plant,
including any pod, husk or skin;

"Plant Protection Officer7' means the Chief Plant
Protection Officer and any person or persons
appointed as a Plant Protection Officer under this
Act;

"Plant Quarantine Committee" means the Commit-
tee of Management of the Plant Quarantine Station,
Trinidad, established under Section 16 of the Plant
Protection Ordinance of Trinidad and Tobago,
No. 8 of 1940;

LAWS OF ANTIGUA AND BARBUDA

Plant Protection (CAP. 329 5

< < vegetable organism" means any vegetable organism

in whatever stage of existence such organism may
be.

3. The Public Service Commissioner may appoint Appointment of
some qualified person as Chief Plant Protection Officer under Officers.

this Act, and such other persons as may be necessary as Plant
Protection Officers to act under him.

4. The Minister may by order- Power to make
orders.

(a) prohibit, control or restrict the transport of any
diseased plant, or of any plant appearing to b d f e c t e d
with any pest or disease, or of anything whatever,
whether of a nature similar to a plant or not, likely to
infect any plant with any pest or disease;

( b ) prohibit, control or restrict the cultivation and
harvesting either throughout Antigua and Barbuda, or
in any specified area thereof, of any plant when, in the
opinion of the Minister, such measures are necessary
for the control or eradication of any pest or disease;

( c ) direct, authorize or control the quarantine of
infected areas;

(d) direct and specify the precautions to be taken
to prevent the spread of plant diseases or pests;

( e ) authorize or require the inspection before im-
port or export of any plant or article likely to infect any
plant with any pest or disease, and provide for the grant
of a certificate as to the results of any such inspection;

(f) direct or authorize the disinfection or treatment
of any plant and of any article likely to infect any plant
with a pest or disease;

&) authorize the immediate destruction without
compensation of any plant or article which on inspec-
tion appears to be infested or infected with any pest or
disease;

(h) direct or authorize the detention of classes of
imported plants in any specified place and specify the .
precautions to be observed during such detention;

LAWS OF ANTIGUA AND BARBUDA

6 CAP. 329) Plant Protection

(2) require plants, or any class or classes of plants,
to be accompanied on importation by a plant certificate
issued by a competent person or persons.

Occupier to give
notice of

5 . (1) The occupier of any land, on which any
notifiable disease notifiable disease or notifiable pest occurs, shall as soon as
or pest. practicable give notice thereof to a Plant Protection Officer.

(2) Any occupier who fails to give such notice shall be
liable on summary conviction to a fine not exceeding three
thousand dollars.

(3) In any proceedings under this section it shall be no
defence that the occupier was not aware of the occurrence
of such disease or pest unless it shall be shown to the satis-
faction of the Court that he and the persons employed by
him on the land took all reasonable steps to discover such
occurrence.

Power of entry. 6. (1) Subject to any regulations made under this Act,
a Plant Protection Officer may at all reasonable times enter
without notice (with or without assistance as may to him
seem fit) upon any land, or into any building or part of any
building, not being a dwelling house, for the purpose of sear-
ching for and examining any animal or vegetable organism,
or any disease-infected or pest-infested plant, or any soil,
manure, straw or package, and may remain thereon or
therein so long as may be reasonably necessary for any such
purpose.

(2) Before entering on any such land or building under
the provisions of this section the Plant Protection Officer shall
inform the occupier, if present at the time, of his intention
so to do.

Procedure for
eradication of

7. A Plant Protection Officer may, by notice in writing
diseases and in the form in the Schedule served upon the occupier of any
pests. land, require him to take at his own expense and within a

time specified in the notice, running from the date of service,
all such measures as may be necessary for the eradication
or the prevention of the spread of any disease or pest. Such
measures may include the total destruction if necessary of
any plant whether infected by any disease or infested with
any pest or not.

LAWS OF ANTIGUA AND BARBUDA

Plant Protection (CAP. 329 7

8. (1) If an occupier fails to take any measure which Nan-compliance
with order. by a notice under the preceding section he is required to

take, a Plant Protection Officer may, on the expiration of
the time specified in such notice, enter upon the land and
cause such measures to be taken.

(2) Any expenses incurred by the Plant Protection
Officer in connection with such measures shall be paid by
the person in default:

Provided that it shall be lawful for the Minister to
dispense with the payment of such expenses in cases where,
owing to the person in default being in needy circumstances,
or for any other reason, the Minister thinks fit so to do.

-
(3) The expenses so incurred shall be recoverable as

a civil debt by the Plant Protection Officers.

9. (1) Where any Plant Protection Officer finds any Quarantine of
nurseries. nursery or any part of any nursery to be affected by any

disease or pest he may by notice in writing served upon the
occupier declare such nursery or part thereof to be under
quarantine.

(2) The notice shall remain in force until a Plant Pro-
tection Officer shall have given the owner or occupier of the
nursery affected a certificate in writing that the nursery is
free from diseases and pests.

(3) While the notice is in force no person shall remove,
or allow or cause to be removed any plant or any soil,
manure, packages, or any vegetable or animal organism,
from the area under quarantine.

(4) The occupier of a nursery having his nursery or any
part thereof thus placed under quarantine may, upon
application to a Plant Protection Officer, have his nursery
examined free of charge to determine whether or not the
disease or pest has been eradicated.

10. If there is no person in actual occupation of any service of notice
In absence of

l a ~ d , or if the occupier cannot be found, service of any notice oc,up;er.
under this Act may be made by affixing the same in some

LAWS OF ANTIGUA AND BARBUDA

Compensation.

Informality not
to invalidate
proceedings.

Offences.

Legal
proceedings.

Regulations.

CAP. 329) Plant Protection

conspicuous place on the land and such affixing shall be
deemed to be good and sufficient service.

1 . It shall be lawful for the Minister, out of moneys
voted for that purpose by Parliament, to make grants by
way of compensation to occupiers and to owners (according
to their respective interests) in respect of healthy plants
destroyed in order to prevent the increase of any disease or
pest or the spread of any disease or pest into adjoining lands.

12. Proceedings taken under this Act shall not be
rendered invalid by reason of the informality of any order
or notice made or given except as against any person
prejudiced by such informality.

13. Every person who-
(a) in any manner obstructs or impedes any per-

son in the execution of any of the powers conferred by
this Act or by regulations made thereunder, or

( b ) knowingly introduces any disease or pest into
any cultivated or uncultivated land or to any plant
whether cultivated or not cultivated, or

(6) fails to comply with or acts in contravention
of any of the provisions of this Act or any regulations
made thereunder or any order given in pursuance
thereof, when no other penalty is provided in this Act,

shall be guilty of an offence and shall, for every such offence,
be liable on summary conviction to a fine not exceeding one
thousand dollars or to imprisonment for a term not exceeding
three months.

14. All proceedings under this Act shall be taken in
the name of the Chief Plant Protection Officer and shall not
be deemed to affect any civil liability which may exist
independently thereof.

15. The Minister may make regulations for all or any
of the following purposes-

LAWS OF ANTIGUA AND BARBUDA

Plant Protection (CAP. 329 9

(a) for prohibiting, restricting or regulating the
importation into Antigua and Barbuda of-

(i) any plant, vegetable organism or package,

(ii) any article or class of articles, whether of a
nature similar to plants or not,

(iii) any animal or animal organism,
likely to cause infection by any animal or vegetable
organism or other agent which is or is believed to be
inimical to the growth of plants;

( b ) for requiring that any plant, or any other thing
mentioned in paragraph (a) of this section shaU-..only
be imported into Antigua and Barbuda on the advice
of and with the concurrence of the Plant Quarantine
Committee previously obtained and subject to such con-
ditions as the Committee may impose;

(c) for authorizing or requiring the inspection
before import of any plant or article likely to infect any
plant with any animal organism or vegetable organism
or other agent which is or is believed to be inimical to
the growth of plants;

(6) for authorizing or requiring the disinfection,
treatment, destruction and disposal without compensa-
tion of any diseased plant or of any plant appearing
to be infected with any animal or vegetable organism
or other agent which is or is believed to be inimical to
the growth of plants, or of anything whatever, whether
of a nature similar to a plant or not, likely to infect
any plant with any animal or vegetable organism or
other agent which is or is believed to be inimical to the
growth of plants;

(e) for directing or authorizing the disinfection,
treatment and fumigation of buildings, vehicles, vessels
or aircraft used or suspected of having been used for
the storage or conveyance of anything likely to infect
a plant with any pest or disease; and for prohibiting
any such vessels or aircraft from approaching or remain-

, ing within a distance of two miles from any point in
Antigua and Barbuda;

LAWS OF ANTIGUA AND BARBUDA

10 CAP. 329) Plant Protection

(f) for prohibiting the importation of any plant or
plants except at specified ports or places of entry;

(g) for directing or authorizing the detention of any
imported plant or plants in any specified place and
prescribing the precautions to be observed during such
detention;

(h) for requiring the importation of any plant or
plants to be accompanied by a plant certificate issued
by an authorized person or persons;

(i) for authorizing or requiring the issue and
revocation of licences for and the inspection of nurseries
in which plants are reared for the purposes of sale, and
the imposition of fees for such licences, and the regula-
tion of the sale or removal of plants, whether reared
in nurseries or not;

@ for regulating or prohibiting the removal from
any land or building, or the transference or conveyance
from any part of Antigua and Barbuda to any other
part thereof, of any plant, soil, manure, straw, package,
vegetable organism, or animal organism;

(k) for fixing the payment of fees for disinfection
or treatment or any other services rendered by officers
under this Act;

(I) for defining the duties of Plant Protection
Officers under this Act;

(m) for regulating the manner in which applica-
tions are to be made to a Plant Protection Officer; and

(n ) generally for carrying into effect the provisions
of this Act.

Document to be 16. Every document purporting to be an instrument
evidence.

issued by the Plant Quarantine Committee and signed by
the Chairman of the Committee shall be received in evidence
and be deemed to be such an instrument without further
proof unless the contrary is shown.

LAWS OF ANTIGUA AND BARBUDA

Plant Protection (CAP. 329 1 1

17. The Plant Protection Ordinance 1923, is hereby k$a;:tions
r e ~ e d e d : made under

Ordinance
Provided that until and except in so far as they are 16,1923.

cancelled by any regulations to be made under the authority
of this Act the proclamations with reference to the matters
aforesaid in force at the time of the commencement of this

i Act shall continue to be in force after the passing of this Act.

:

i j
SCHEDULE S. 7

Nursery
Plantation
Land

........................................................... Situate at

In pursuance of the powers vested in me by section 7 of the
Plant Protection Act, I hereby direct you within .................
days of the service upon you of this notice to do the following
work on your

Nursery
Plantation
Land

viz:-
I

(Date)

Plant Protection Officer.