Plants Protection Act


Published: 1916-08-01

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Plants Protection Act
PLANTS PROTECTION [CH.250 – 1


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

PLANTS PROTECTION
CHAPTER 250

PLANTS PROTECTION

ARRANGEMENT OF SECTIONS

SECTION

1. Short title.
2. Interpretation.
3. Appointment of inspectors.
4. Importation of plants.
5. Powers of Minister.
6. Rules.
7. Duty of importers.
8. Seizure of plants.
9. Power to search for plants illegally imported.
10. Power to enter upon land and search for causes of disease.
11. Owner to pay expenses except in cases of poverty.
12. Officers to assist in carrying out rules.
13. Notices to be given by owner or occupier.
14. Offences and recovery of penalties.
15. Expenses.



PLANTS PROTECTION [CH.250 – 3


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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

CHAPTER 250

PLANTS PROTECTION

An Act relating to the diseases of plants.
[Commencement 1st August, 1916]

1. This Act may be cited as the Plants Protection Act.
2. In this Act, unless the context otherwise requires —
“Comptroller” includes every officer of the Customs

Department and, for the purpose of dealing with
the importation of plants and packages through
the post office, includes the postmaster and any
official of the post office acting on his behalf by
his direction or that of the Minister;

“disinfection” includes fumigation;
“imported” means brought into The Bahamas by any

channel whatsoever;
“importer” includes the owner and consignee and

their agents and servants;
“inspector” means an inspector appointed under this

Act;
“inspector’s certificate” means the certificate of an

inspector prescribed by the rules;
“Minister” means the Minister responsible for Plant

Protection;
“packages” includes boxes, coverings, wrappers,

earth, soil or anything whatsoever in which
plants are imported;

“plant” includes tree, shrub, herb or vegetable; and
cuttings, bulbs, seeds, berries, buds and grafts;
and the fruit or 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;

9 of 1916
15 of 1951
G.N. 7(23) of
1964
18 of 1965
E.L.A.O., 1974
5 of 1987

Short title.

Interpretation.

E.L.A.O., 1974.

E.L.A.O., 1974.

15 of 1951, s. 2.

CH.250 – 4] PLANTS PROTECTION





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

“plant disease” means any deterioration or destruc-
tion of any plant or parts of any plant which is
capable of being communicated to any other
plant or parts of a plant, whether such deteriora-
tion or destruction is due to disease, insects,
blight, fungus or any other cause;

“plant affected with insect pest or disease” means
any plants, or the packages or wrappings that
contain or have contained the same, in or on
which any insect pest or disease is or has been
present in any form or stage of development, or
with which any plant, package or wrapping has
come in contact;

“rules” means rules made under this Act.
3. It shall be lawful for the Governor-General,

acting in accordance with the advice of the Public Service
Commission, to appoint, for the purposes of this Act, one
or more inspectors.

4. No plants whatsoever, nor the packages thereof,
shall be imported into The Bahamas except under and
subject to the rules.

5. (1) The Minister may by Order —
(a) absolutely or conditionally prohibit the importa-

tion directly or indirectly from any country or
place named in the Order of any plants, or any
article packed therewith, or any package which
in the opinion of the Minister are or are likely to
be a means of introducing any plant disease into
The Bahamas.

(b) from time to time, when deemed necessary,
declare any district or area within The Bahamas
or any place within any such area, to be a place
infected or suspected of being infected with a
plant disease;

(c) from time to time declare, subject to such
conditions as he may think fit, any district, area
or place within any area, as being no longer
suspected of being infected with a plant disease;

(d) prohibit for such time as may be named in the
Order the importation of any plants or the
packages thereof specified in the Order at any
ports of The Bahamas therein named.

Appointment of
inspectors.
E.L.A.O., 1974.

Importation of
plants.

Powers of
Minister.

18 of 1965, Sch.

E.L.A.O., 1974.

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(2) Any such Order shall remain in force for such
time as may be mentioned therein or in any subsequent
Order made hereunder.

6. The Minister may make rules in respect of all or
any of the following matters:

(a) the importation, detention, examination, re-
moval and treatment, before, at or after im-
portation or landing, of any plants or any articles
packed therewith, or any packages to which this
Act applies;

(b) the cleansing, disinfection, purification and
treatment of the same;

(c) the destruction of the same before, at or after the
landing of the same if such destruction be
necessary in the opinion of the Minister;

(d) the provision of suitable apparatus for the
cleansing, disinfection, purification and treat-
ment of the same, and also of growing or other
trees or plants in The Bahamas, and regulating
the user thereof;

(e) for preventing the outbreak or dissemination of
diseases of trees or plants within The Bahamas;

(f) for prescribing and regulating the destruction,
removal, uprooting, disposal or treatment of
plants and products infected with a plant disease
within any district, area or place in The
Bahamas declared to be an infected district, area
or place, under the provisions of this Act;

(g) for prescribing and regulating the cleansing and
disinfecting of infected districts, areas or places
or parts thereof;

(h) for prescribing the period within which it shall
not be lawful to plant or replant with any plant
whatsoever, or with any particular kind of plant,
the whole or any portion of an infected district,
area or place;

(i) for prohibiting or regulating the movement of
persons, animals, earth, soil, dung, vegetables,
products or other things into or out of a district,
area or place, declared to be an infected district,
area or place, or being suspected of being
infected with a plant disease;

Rules.

CH.250 – 6] PLANTS PROTECTION





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(j) for the spraying or other treatment of growing or
other trees or plants;

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

7. It shall be the duty of every importer of plants or
any earth or soil or any article packed therewith, or any
package or other articles or things to which this Act applies
to carry into effect at his own expense, obey and observe
the rules of the Minister for the importation, detention,
cleansing, disinfection, purification and treatment of the
same, and to inform the Minister as to the disposal of the
same, after the cleansing, disinfection, purification and
treatment thereof in order that the Minister or any of his
officers may visit and examine them at any time if the
Minister deems it necessary to do so.

8. All plants or packages imported into The
Bahamas in contravention of this Act may be seized and
forfeited, and may be destroyed or otherwise dealt with as
the Minister may direct.

9. It shall be lawful for the Comptroller or for any
person acting under his authority, if he shall suspect that
any plants or packages have been imported in contra-
vention of this Act, to enter any building, place or premises
and to search for any such plants or packages and for the
purposes of such search to break open, if necessary, any
exterior or interior door, or any chest, box or other
receptacle and to seize such plants or packages and to
remove or secure the same in such way or place, and in
such manner as he deems advisable.

10. An inspector may, with or without any animals
or beasts of burthen, carts, tools, implements or other
things, enter upon any land and there examine any plants or
products of a vegetable nature and dig up the ground and
do all such other acts and things as may be expedient in
order the more effectually to search for the existence of,
and the causes of any plant disease, and to secure such
treatment, removal or destruction under the rules as may be
deemed necessary.

Duty of
importers.

Seizure of plants.

Power to search
for plants
illegally
imported.

Power to enter
upon land and
search for causes
of disease.

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

11. (1) The expenses incidental to the treatment,
removal or destruction of plants affected with insect pest or
disease, or products of a vegetable nature, to which this
Act applies, shall be borne by the owner of such plants or
products:

Provided that the Minister may, in any case where he
is satisfied that an owner is unable, through poverty, to pay
such expenses, cause the same, to be paid out of any funds
granted to him under this Act or any other Act.

(2) If the owner of the land on which such plants or
products are grown is absent from The Bahamas, or is not
known or cannot be found, the Minister shall have power
to do the following things to enable him to recover
expenses incurred in carrying out the provisions of this
section —

(a) after the expiration of three months after the
treatment, removal or destruction of such plants
or products to cause the land to be sold at
auction after due advertisement of such intended
sale in the Gazette, and a notice of the same
posted on the premises;

(b) to receive the proceeds of any such sale and
after deducting the expenses incurred as
authorised under this Act and of the deed
conveying the same to pay the residue thereof (if
any) into the Post Office Savings Bank at
Nassau to the credit of the Minister there to
remain without interest until paid out under the
provisions of paragraph (c) of this subsection;

(c) to withdraw from the savings bank such residue
and pay the same to any person whom the
Attorney-General shall certify to be entitled
thereto. Any payment made by the Minister
under such certificate shall absolve the Minister
from any further liability for the sum so paid but
shall not prejudice the right of any person who
shall prove his right or title thereto in a court of
competent jurisdiction to recover the same from
the person to whom such payment was made or
from his legal representative;

(d) to execute a deed transferring the said land to
the purchaser thereof, which deed shall be under
the Seal of the Minister, and shall absolutely
vest the said land in the purchaser.

E.L.A.O., 1974.

Owner to pay
expenses except
in cases of
poverty.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

12. It shall be the duty of the Comptroller and all
revenue officers and peace officers to carry into effect, and,
as far as practicable, enforce the provisions of this Act, and
the rules, and to afford to the Minister and his officers or
servants every reasonable facility for carrying the same
into effect.

13. An owner or occupier of any land on which
there may be any plant that may be reasonably suspected of
being affected by plant disease, or any person having the
charge or management of any such plants, shall, with all
practicable speed, give notice of the fact of the plants being
so affected, to the Minister, if the plants be in New
Providence, or to the commissioner of the district wherein
the plants so affected are situate, and it shall be the duty of
the commissioner immediately to notify the Minister.

14. (1) Any person who —
(a) does or omits to do anything which is by this

Act or by the rules, or by any Order made
hereunder, forbidden or required to be done; or

(b) assaults, resists, hinders, prevents or obstructs
any person acting under or by authority of this
Act or the rules, or of any Order made here-
under,

shall be guilty of an offence against this Act, and shall be
liable on summary conviction to a penalty of eighty
dollars.

(2) All such penalties shall be sued for and
recovered with costs of prosecution by the Minister or any
person authorised by him to prosecute for the same in a
summary manner before a magistrate having jurisdiction in
the place where the offence is committed in the manner
prescribed by law in this behalf. The onus of proving a
lawful excuse for an omission to do anything required by
the Act or the rules shall be on the defendant.

15. All expenses other than such as are payable by
importers, incurred in carrying out the provisions of this
Act, shall be paid by the Minister out of any moneys
appropriated to him by Parliament, and for this purpose
there shall be paid to the Minister annually a sum not
exceeding one thousand dollars.

Officers to assist
in carrying out
rules.

Notice to be
given by owner
or occupier.

Offences and
recovery of
penalties.

18 of 1965, Sch.

5 of 1987, s.2.

5 of 1987, Sch.

Expenses.

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