Agriculture and Fisheries Act


Published: 1964-01-07

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Agriculture and Fisheries Act
AGRICULTURE AND FISHERIES [CH.242 – 1


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

AGRICULTURE AND FISHERIES
CHAPTER 242

AGRICULTURE AND FISHERIES

ARRANGEMENT OF SECTIONS
SECTION

1. Short title.
2. Interpretation.
3. Staff.
4. Rules.
5. Penalty for breach of rules.
6. Penalty for possession.
7. Prohibits export of cave earth or guano.
8. Second or subsequent offence.
9. Awards to informers.
10. Reports.
11. Crown rights.
12. Contracts.


AGRICULTURE AND FISHERIES [CH.242 – 3


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

CHAPTER 242

AGRICULTURE AND FISHERIES
An Act to provide for the supervision and

development of agriculture and fisheries in The Bahamas.
[Assent 20th December, 1963]

[Commencement 7th January, 1964]
1. This Act may be cited as the Agriculture and

Fisheries Act.
2. In this Act, unless the context otherwise requires —
“Department” means the Department of Agriculture

and Fisheries;
“Director” means the Director of Agriculture and

Fisheries;
“Minister” means the Minister responsible for Agri-

culture;
“peace officer” includes any person authorised in

writing by the Director to enforce the provisions
of this Act or any rules made thereunder;

“vessel” means a ship, boat, or other surface craft
and includes an aircraft.

3. The staff of the Minister shall comprise a
Director of Agriculture and Fisheries who shall be the
technical adviser and chief executive officer of the
Department and such other officers as may from time to
time be authorised by Parliament.

4. The Minister may make rules for all or any of
the following purposes —

(a) to define areas hereinafter called “protected
areas” within which it shall be unlawful for any
person except a licensee especially licensed in
that behalf to plant, propagate, take, uproot or
destroy any species of plant;

50 of 1963
9 of 1920
43 of 1964
10 of 1965
13 of 1969
E.L.A.O., 1974
19 of 1975
13 of 1977
5 of 1987
12 of 1997

Short title.

Interpretation.
13 of 1977,
Second Sch.;
12 of 1997, s. 35
and Sch.

E.L.A.O., 1974.

Staff.
E.L.A.O., 1974

Rules.
13 of 1969,
Second Sch.

CH.242 – 4] AGRICULTURE AND FISHERIES





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(b) the issue, amendment, transfer or revocation of
licences for any of the purposes of this Act or
any rules made thereunder and the terms and
conditions upon which such licences may be
issued, amended, transferred or revoked;

(c) to conserve, uproot, or destroy any specified
kind of plant;

(d) to provide for the examination, seizure, for-
feiture and disposal of any articles taken,
captured, destroyed or killed contrary to the
provisions of a licence or of any rules made
under this Act;

(e) the grading, packing and inspection of fruit and
vegetable produce intended for export;

(f) the inspection, grading, manufacture and pack-
ing of straw braid and articles made wholly or
partly from straw or straw fibre intended for sale
or export, and for the seizure, forfeiture and
disposal of any such straw braid or articles as
aforesaid the grading, manufacture or packing of
which does not comply with any rule made
under this paragraph;

(g) the management of the Botanical Station;
(h) the establishment, management and regulation

of produce exchanges;
(i) generally for carrying into effect the purposes of

this Act.
5. Any person committing a breach of any rule for

which no penalty is prescribed by this Act shall be liable
on summary conviction to a penalty of four hundred dollars
or to imprisonment for one year.

6. Any person, whether holding a licence or not,
found in possession of any article prohibited to be used by
the terms of a licence or the rules made under this Act and
failing to give a satisfactory explanation of such possession
shall be liable oil summary conviction to a fine of five
hundred dollars or to imprisonment for one year or to both
such fine and imprisonment.

7. (1) It shall not be lawful to export cave earth or
guano from The Bahamas.

(2) If any cave earth or guano shall be exported, or
be water borne to be so exported, it shall be forfeited.

Penalty for
breach of rules.

5 of 1987, s. 2.

Penalty for
possession.

13 of 1977, 2nd
Sch.

5 of 1987, Sch.

Prohibits export
of cave earth or
guano.
9 of 1920; 13 of
1977.

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(3) Any person who acts in contravention of any of
the provisions of this section shall be guilty of an offence
against this Act and shall, in addition to the forfeiture of
the said cave earth or guano, be liable on summary
conviction to a fine of four hundred dollars or to
imprisonment for six months or to both such fine and
imprisonment.

8. Any person convicted of an offence under this Act
(other than section 7 thereof) or any rules made thereunder
who is again convicted of a second or subsequent offence
shall be liable to double the amount of penalty or fine, or to
imprisonment for twice the maximum of imprisonment which
might otherwise be imposed or to both such fine and
imprisonment.

9. Upon the conviction of any person of an offence
under this Act (other than section 7 thereof), or the rules
made thereunder, the court before whom the charge has
been heard may make any order that the court may think fit
awarding the half, or any lesser portion, of any fine
imposed and recovered to the person on whose informa-
tion the charge has been laid.

10. (1) The Minister shall lay upon the table of each
House of Parliament before the end of April or as soon as
practicable thereafter in every year a report dealing with —

(a) the progress and condition of agriculture in The
Bahamas;

(b) the measures adopted by the Department in the
discharge of its duties and powers; and

(c) the financial expenditure and receipts of the
Department during the previous year.

11. Nothing in this Act contained shall affect any
rights of the Crown within the waters of The Bahamas or
the exercise of such rights by the Crown.

12. Nothing in this Act contained shall affect any
contract that was valid and subsisting immediately prior to
the seventh day of January, 1964 and which had been
entered into by the Agricultural and Marine Products
Board (abolished by this Act on the said date) and any such
contract shall be deemed to be a contract entered into by
the Minister on behalf of the Government of The
Bahamas.

5 of 1987, s. 2.

Second or
subsequent
offence.

Awards to
informers.

Reports.
E.L.A.O., 1974.

13 of 1969,
Second Sch.

Crown rights.

Contracts.
43 of 1964, Third
Sch.