Plants Act

Link to law: http://tuvalu-legislation.tv/cms/images/LEGISLATION/PRINCIPAL/1976/1976-0001/PlantsAct_1.pdf
Published: 1977-03-01

Plants Act


2008 Revised Edition

CAP. 44.30






PLANTS ACT

Plants Act CAP. 44.30 Arrangement of Sections





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PLANTS ACT

Arrangement of Sections
Section

PART I - PRELIMINARY 5
1 Short title................................................................................................................ 5
2 Interpretation.......................................................................................................... 5
3 Quarantine officers ................................................................................................ 6

PART II - CONTROL OF PLANT IMPORTATION 7
4 Prohibition of the importation of certain plants ..................................................... 7
5 Restriction on places at which plants can be imported .......................................... 7
6 Restrictions on importation.................................................................................... 7
7 Powers of inspection and destruction .................................................................... 8
8 Restriction on the importation of soil .................................................................... 8
9 Powers of quarantine officers in respect of imported plants.................................. 8
10 Regulations controlling importation ...................................................................... 9

PART III - ERADICATION OF PLANT DISEASE WITHIN TUVALU 10
11 Infected areas ....................................................................................................... 10
12 Power to treat imported plants ............................................................................. 10
13 Regulations controlling eradication of disease .................................................... 10

PART IV - MISCELLANEOUS 11
14 Provision of services by quarantine officers and forms....................................... 11
15 Fees ...................................................................................................................... 11
16 Offences ............................................................................................................... 11
17 The Government not liable for loss or damage.................................................... 12
18 Powers relating to plants suspected to have been illegal imported...................... 12


Arrangement of Sections CAP. 44.30 Plants Act





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SCHEDULE 1 13

PHYTOSANITARY CERTIFICATE 13

FUMIGATION OR DISINFECTION TREATMENT 13

DESCRIPTION OF CONSIGNMENT 13

PERMIT TO IMPORT PLANTS 14

SCHEDULE 2 15

FEES 15

Supporting Documents

ENDNOTES 16

Plants Act CAP. 44.30 Section 1





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PLANTS ACT

AN ACT TO PROVIDE FOR THE PROTECTION OF PLANTS WITHIN
TUVALU1

Commencement [1st March 1977]

PART I - PRELIMINARY

1 Short title
This Act may be cited as the Plants Act.

2 Interpretation2
In this Act unless the context otherwise requires —

“Agricultural Officer” means the Agricultural Officer for Tuvalu or the
holder of such other office as the Minister may from time to time by notice
designate;

"conveyance" means any vessel or aircraft or any container therein;

“Minister” means the Minister for the time being responsible for agriculture;

“plant pest" means any form of plant or animal life or any pathogenic agent
including insects nematode, snail, fungus, bacteria, virus, or weed which is or
may be injurious to plants;

"plant" means all species, variety and type of plant or part thereof whether
live or dead, including stem, branch, tuber, bulb, corm, stock budwood,
cutting, layer, slip, sucker, root, leaf, flower, seed and any plant material;

Section 3 CAP. 44.30 Plants Act





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“plant disease” means any condition injurious to, or adversely affecting, any
plant and includes the causative agent and any form, or stage of development
of such condition;

“plant material” means plants and all items manufactured in whole or in part
from a plant;

“prohibited plant” means any plant the importation or introduction of which
into Tuvalu is prohibited by order under section 4;

“quarantine officer” means any person appointed by the Minister under
section 3 to be a quarantine officer for the purpose of this Act;

“restricted plant” means any plant the importation or introduction of which
into Tuvalu has been made subject to conditions and restrictions by virtue of
an order under section 4;

"soil" means the loose surface material of the soil in which plants may grow
and which may serve to harbour plant pests; generally it consists of
disintegrated rock with an admixture of organic material and soluble salts and
may include gravel, rocks, aggregate, compost, clay, sand, silt or
vermiculture; and

"treatment" means the use of measures designed to prevent by any of the
following methods the entry into Tuvalu of plant pests, namely:

(i) treatment if feasible, failing which destruction or re-exportation
of plants together with the soil, container wrappings or other
articles with which the plant or any other plant may have been in
contact;

(ii) treatment or re-exportation of any conveyance in which any plant
pest, plant or such articles have been imported into Tuvalu.

3 Quarantine officers3
(1) Plant quarantine officers shall be appointed by the Public

Service Commission.

(2) It shall be lawful for any quarantine officer, in addition to the powers
conferred on him by section 9, to enter upon any land or premises (other than
a dwelling - house) in any part of Tuvalu for the purpose of searching for any
plant disease or pest or examining any plant and for him to do all things
necessary for the purposes of such search or examination or for otherwise
carrying out his duties under the provisions of this Act and any regulations
made hereunder.

(3) Any person who wilfully hinders, obstructs or delays, or neglects or refuses to
furnish to a quarantine officer acting in the performance of his duties any
information required by him under this Act or regulations made hereunder
shall be liable to a fine of $500.

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PART II - CONTROL OF PLANT IMPORTATION

4 Prohibition of the importation of certain plants
(1) For the purpose of protecting agriculture and livestock against the

introduction from outside Tuvalu of pests and plant diseases the Minister may
by order prohibit the importation or introduction into Tuvalu of any plants,
including plants generally or specified plants generally or plants from any
specified place, or specified plants from any specified place, and either
absolutely or so as to allow the importation or introduction subject to
specified conditions or restrictions.

(2) Any person who wilfully imports or introduces, or attempts to import or
introduce, into Tuvalu any prohibited plant or any restricted plant in respect of
which the conditions and restrictions applying thereto or any of them have not
been complied with shall be liable to a fine of $1000 and to imprisonment for
12 months, and the plant shall be seized and destroyed by a quarantine officer.

5 Restriction on places at which plants can be imported
(1) Save with the express authority in writing of the Agricultural Officer no plant

shall be imported into Tuvalu except through the port of Funafuti and the
airport at Funafuti or such other ports or airports as may from time to time be
designated by the Minister.

(2) The officer in charge of every post office at which any plant arrives shall
notify the Agricultural Officer of the arrival as soon as practical thereafter.

6 Restrictions on importation
(1) No plant shall be imported into Tuvalu —

(a) except under and in accordance with the terms and conditions of —
(i) a notice under subsection (2), or
(ii) a permit first had and obtained under section 14(1); and

(b) unless such plant is accompanied by a certificate substantially in accord
with Form A as set out in Schedule 1, certifying it to be free from plant
disease or pests, and signed by an official authorised to issue such
certificates in the country in which the plant was produced or whence it
was imported;

(c) unless such plant is packed in packages and wrappings that are clean,
new and have not previously been used, and which do not contain any
sawdust, hay, chaff, leaves, straw, moss, vegetable fibre or forest litter
as packing material; and

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(d) unless such plant has been inspected by a quarantine officer and the
quarantine officer has approved its release or onward transmission.

(2) The Minister may by notice declare that any plant which he shall specify may
be imported without a permit under section 14(1), subject to such terms and
conditions as he shall specify.

(3) Any plant and the package, including all packing material in which it is
packed and any other article with which the plant has been in contact, may be
seized and destroyed by a quarantine officer if the plant, package or packing
materials are imported in contravention of the provisions of this section.

7 Powers of inspection and destruction4
(1) No plant or container or wrapping in which the plant has been imported or

any other article with which the plant has been in contact shall be released by
an Officer of Customs within the meaning of the Customs Act5 or by an
officer of the post office, within the meaning of the Post Office Act6, until a
quarantine officer has examined the said plant, container, wrapping, or other
articles with which it has been in contact and it shall be the duty of the
consignee or his agent to open from its covering any such plant and to afford
every facility to the quarantine officer during his examination thereof.

(2) Any plant found or suspected to be infected with any plant pest shall be
treated as prescribed, or failing prescription, as the Agricultural officer may
determine, together with the soil, containers, wrappings or other articles with
which the plant or plant pest has been in contact and any conveyance in which
the plant pest, plant or such articles were imported into Tuvalu.

8 Restriction on the importation of soil7
(1) Except with the express permission of the Agricultural Officer, no soil shall

be imported into Tuvalu.

(2) Any soil imported may be seized by a quarantine officer and disposed of in
accordance with the Agricultural Officer's instructions.

(3) Any person who wilfully imports or introduces, or attempts to import or
introduce, soil into Tuvalu, shall be liable to a fine of $5,000 and to
imprisonment for 12 months.

9 Powers of quarantine officers in respect of imported plants
(1) A quarantine officer may for the purpose of ascertaining whether or ensuring

that the provisions of this Act or any regulations made hereunder are being
observed —
(a) enter and inspect any vessel or aircraft entering Tuvalu and open and

examine any box, case or container of any sort carried thereon;

Plants Act CAP. 44.30 Section 10





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(b) require any passenger entering Tuvalu to state either orally or in a
signed declaration in writing whether he is carrying any plants;

(c) search and examine the baggage and effects of any passenger entering
Tuvalu; and

(d) fumigate or otherwise treat or cause to be fumigated or otherwise
treated any such baggage or effects as he may reasonably suspect to
have been exposed to infection or infestation by any plant disease or
pest.

(2) A quarantine officer may seize any plant or other thing in respect of or in
relation to which there is reasonable cause to believe that an offence under
this Act or regulations made hereunder has been, is being, or is likely to be
committed and the master of every incoming vessel and the pilot of every
incoming aircraft shall, in relation to his vessel or aircraft and every box, case
or container therein or thereon, afford the quarantine officer every reasonable
facility for so doing.

(3) A quarantine officer may deal with any plant seized under subsection (2) as if
it had been held in pursuance of section 7.

10 Regulations controlling importation8
For the purposes of this Act the Minister may make regulations generally, and in
particular for the purpose of excluding plant pests from Tuvalu such regulations may


(a) prohibit or restrict the importation or prescribe the conditions for entry into
Tuvalu of plants or other articles liable to introduce plant pests into Tuvalu;

(b) prohibit the importation into Tuvalu of any plant pest;

(c) provide for the issue of permits to import plants;

(d) prescribe the inspection, and treatment of imported plants;

(e) prescribe the inspection and treatment of conveyances from outside Tuvalu,
and the restriction of the movement;

(f) provide for the treatment of garbage;

(g) provide for the intermediate quarantine of plants;

(h) make such other provision as may be necessary to exclude plant pests from
Tuvalu; and

(i) provide for the charging of fees for any quarantine service or treatment or
other act done in pursuance of this Act.



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PART III - ERADICATION OF PLANT DISEASE WITHIN
TUVALU

11 Infected areas9
Any local government council on the advice of the Director of Agriculture may at
any time by notice declare an area within its area of authority to be an infected area
and prohibit the movements of plants and plant material into, out of or within this
area.

12 Power to treat imported plants
(1) If a quarantine officer knows or has reason to believe that a plant imported

into Tuvalu at any time is infected with any plant disease or carries any pest
he may, with the authority of the Agricultural Officer, examine the said plant
for the purpose of determining as far as possible whether any pest or plant
disease is present and it shall be the duty of the owner to afford every facility
to the quarantine officer during his examination.

(2) If the quarantine officer deems it necessary in respect of any plant examined
or if the plant is infected with any plant disease or carries any pest, he may
proceed in accordance with the provisions of sections 7(2) and 7(3) as if the
plant had been held in pursuance of that section.

13 Regulations controlling eradication of disease
The Minister may make regulations generally for the better carrying out of the
provisions of this part of this Act and, in particular, but without limiting the
generality of the foregoing, for any or all of the purposes mentioned hereunder —

(a) to prescribe measures to be taken in infected areas to further prevent the
introduction and spread of plant disease and pests and the eradication of
the same;

(b) to further restrict the introduction into and movement of plants and
plant material within areas lying outside infected areas;

(c) to give quarantine officers further powers to remove or destroy, or
cause to be removed or destroyed, any plant or soil which is infected
with plant disease or pest, and take such further steps as they may see
fit to prevent the spread of the plant disease or pest; and

(d) to compensate owners for the destruction or removal of plant material
in pursuance of the regulations.

Plants Act CAP. 44.30 Section 14





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PART IV - MISCELLANEOUS

14 Provision of services by quarantine officers and forms
(1) Any person desiring to import plant or plant material into Tuvalu and in

respect of which no notice has been issued under section 6(2) and no order is
in force under section 4 may request the issue of a permit permitting such
importation and the Agricultural Officer may issue a permit in accord with
Form B, as set out in Schedule 1, for the importation of such plant, subject to
such terms and conditions including the detention and quarantine of the plant
for not more than 1 year, as he may specify.

(2) Any person desiring to export plants or plant material may request the
Agricultural Officer to have such plants or plant material examined and
treated by a quarantine officer and a certificate issued in the form of Form A
set out in Schedule 1.

(3) If, pursuant to a request in accordance with subsection (2), a quarantine
officer is satisfied, after testing and thorough examination, and, if he thinks fit
treatment (including fumigation), that the plant material is not infected with
any plant disease and does not carry any pest, he may, on receipt of the fee set
out in Schedule 2 issue a certificate in Form A as set out in Schedule 1.

(4) The Minister shall have power by order to make or substitute new forms for
those set out in Schedule 1.

15 Fees
(1) The fees set out in Schedule 2 shall be paid by or on behalf of any person

wishing to export plant or plant material for the services performed and the
issue of a certificate in pursuance of section 14(3).

(2) The Minister shall have power by order to substitute from time to time a new
scale of fees for those prescribed in Schedule 2.

16 Offences10
Any person who acts or attempts to act in contravention of any of the provisions of
this Act or of any order or regulation made hereunder or who refuses or neglects to
observe or carry out any conditions, restrictions or requirements lawfully imposed
hereunder or thereunder shall be liable, unless another penalty is provided for the
offence elsewhere in this Act, to a fine of $3,000 and to imprisonment for 6 months.

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17 The Government not liable for loss or damage
No legal proceedings shall lie for any loss or damage that may result from anything
lawfully done under the provisions of this Act or any regulations made hereunder or
from any process or detention that may be considered necessary or desirable to
cleanse or disinfect any plant or other articles or goods, or to discover the existence
or otherwise of any pest or plant disease.

18 Powers relating to plants suspected to have been illegal imported
(1) A quarantine officer may require any person possessing any plant which is

being or has been imported to furnish proof that the importation of the plant is
not unlawful by virtue of the provisions of this Act.

(2) If proof under subsection (1) is not furnished to his satisfaction the quarantine
officer may seize and destroy the plant.

Plants Act CAP. 44.30 SCHEDULE 1





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SCHEDULE 1
FORMS

(Sections 6 and 14)
FORM ‘A’

MINISTRY OF COMMERCE AND NATURAL RESOURCES

Tuvalu

Plants Act

PHYTOSANITARY CERTIFICATE

This is to certify that the plants, parts of plants or plant material shown below, or
representative samples of them, have been thoroughly examined by a Quarantine Officer of
the Ministry and found, to the best of his knowledge, to be substantially free from injurious
pests and diseases.
Name of examining Officer: ................................ Date and Stamp: .............................

FUMIGATION OR DISINFECTION TREATMENT

Treatment: .................................................................................................................
......................................................................................
.....................................................................................
Date: ........................................
Signature: .................................
Designation: ..............................

DESCRIPTION OF CONSIGNMENT

Name and address of Exporter: .................................................................................
.............................................................
.............................................................
Name and address of Consignee: ..............................................................................
.............................................................
.............................................................
Number and description of packages: ......................................................................
Distinguishing marks: ...............................................................................................
Country of Origin: .....................................................................................................
Means of conveyance: ...............................................................................................
Port of entry: ..............................................................................................................
Quantity and name of produce: ..................................................................................
Botanical name(s): ......................................................................................................

SCHEDULE 1 CAP. 44.30 Plants Act





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FORM ‘B’
MINISTRY OF COMMERCE AND NATURAL RESOURCES

Tuvalu

Plants Act

PERMIT TO IMPORT PLANTS

PERMIT NUMBER: .....................
To: ...................................
.................................................................................................................................
Subject to the provisions of the Plants Act, and to the conditions endorsed below,
permission is granted to you to import the following plants-

Botanical
Name

Common
Name

Quantity
or
Number

Nature (cuttings,
plants)
seeds etc.

Country of
Origin








Conditions:
1. This permit is valid for a period of .................................... from the date of issue.
2. The plants may only be imported through ..............................................................

(port of entry)
3.
4.
5.
Date and Stamp: ................................. Signed: .......................................................

(Agricultural Officer)

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SCHEDULE 2

FEES11

(Section 14)
Fees for the inspection and treatment of plants and plant material prior to issuing a
Phytosanitary Certificate under section 14(2).
Plants:
Seedlings of any plant ... ... ... $1
Cuttings of any plant ... ... ... $1
Corms of banana, babai and taro ... ... $2
Seeds of any plant ... ... ... $1
Plant Products:

Fresh:
Bananas .. .. .. 15c per kilo.
Coconuts (husked) .. .. 15c ””
Babai and taro .. .. 15c ””
Breadfruit .. .. .. 15c ””
Pandanus .. .. .. 15c ””
Vegetable .. .. .. 15c ””
Copra .. .. .. .. 15c ””
Plant Material:

Handicrafts:
Floor mats .. .. .. .. .. 30c per square metre
Baskets, hats, canoes, skirts, fans, fish
traps, swords, tablemats .. .. .. 30c each
Other Plant Material .. .. .. 30c per item or per kilo
Whichever is, in the opinion of the Agricultural Officer appropriate.

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ENDNOTES


1 1990 Revised Edition, Cap. 39 – Act 8 of 1991
Amended by Act 8 of 1991 commencement 1 December 1992 by GN 6/1992
and LN 13/1993
2 Amended by Act 8 of 1991
3 Amended by Act 8 of 1991
4 Amended by Act 8 of 1991
5 Cap. 26.04
6 Cap. 32.02
7 Amended by Act 8 of 1991
8 Substituted by Act 8 of 1991
9 Substituted by Act 8 of 1991
10 Amended by Act 8 of 1991
11 Amended by LN 13/1993
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