Plant and Fruit Diseases Act 1959 (NI)

NORFOLK ISLAND

Plant and Fruit Diseases Act 1959

No. 5, 1959

Compilation No. 2

Compilation date: 13 August 2019

Includes amendments up to: Norfolk Island Continued Laws Ordinance 2015 (No. 2, 2015) as amended up to Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019 (F2019L01048)

NORFOLK ISLAND

PLANT AND FRUIT DISEASES ACT 1959

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TABLE OF PROVISIONS

1. Short title 2. Repeal 3. Definitions 4. Diseases and pests 5. Inspectors 6. Powers of entry and search 7. Prevention of spread of disease 8. Power to quarantine plants on land 9. Time for compliance with notices 10. Treatment of aircraft 11. Removal of food refuse from vessel or aircraft 12. Power to destroy 13. Conditions of importation of plants or fruit 14. Importation of garden seeds, etc 15. Entry of pests 15A. Importation of soil 16. Quarantine 17. Treatment in quarantine 18. Release from quarantine 19. Forfeiture of plants, etc 19A. False or misleading information 20. Fees 21. Offences 22. Regulations Schedule

NORFOLK ISLAND

Plant and Fruit Diseases Act 1959 _______________________________________________________________________

An Act relating to diseases in plants and fruit.

Short title 1. This Act may be cited as the Plant and Fruit Diseases Act 1959.

Repeal 2. (1) The Acts specified in the Schedule are repealed. (2) [Amendment incorporated in relevant statute].

Definitions 3. In this Act, unless the contrary intention appears — "disease" means any disease affecting plants or fruit, and includes any member of the animal or plant kingdom that the Minister, by notice published in the Gazette under section 4, declares to be a disease for the purposes of this Act; "diseased" means affected with disease; "food refuse" includes fruit and vegetable scraps and peelings; "fruit" means the edible product of any plant and includes the whole or any part of the seed, nut, skin, peel or shell of any fruit; "goods" includes plant material, soil, hay, straw or other packing and all kinds of moveable property; "infected" means infected with disease or pest; "Inspector" means an Inspector appointed under subsection 5(1); "noxious weed" means a noxious weed within the meaning of the Noxious Weeds Act 1916; "occupier", in relation to any land, plantation, premises, place, conveyance, vessel or aircraft, means the person in actual occupation, or if there is no such person, the lessee, licensee, tenant or person having the charge, control, management or use, of any land, plantation, premises, place, conveyance, vessel or aircraft, as the case may be; "owner", in relation to any land, plantation, premises, place, conveyance, vessel or aircraft, means the person entitled to the possession of that land, plantation, premises, place, conveyance, vessel or aircraft, as the case may be; "pest" means any pest that is harmful to plants or fruit, and includes any member of the animal or plant kingdom that the Minister, by notice published in the Gazette under section 4, declares to be a pest for the purposes of this Act; "plant" means any member or part (other than the fruit) of any member of the plant kingdom.