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 ________ 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 (1) The Acts specified in the Schedule are repealed.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. Diseases and pests 4. The Minister may, by notice published in the Gazette — (a) declare any member of the animal or plant kingdom in any stage of development to be a disease for the purposes of this Act; and (b) declare any member of the animal or plant kingdom in any stage of development to be a pest for the purposes of this Act. Inspectors 5. (1) The Chief Executive Officer may, by instrument in writing under his hand, appoint a person to be an Inspector for the purposes of this Act. (2) An Inspector may, with the approval of the Chief Executive Officer, employ such assistants as he deems necessary for carrying out the provisions of this Act. (3) A person shall not obstruct or hinder an Inspector in the exercise of his powers or the performance of his functions under this Act. Powers of entry and search 6. (1) An Inspector may enter any land, premises or conveyance upon or in which there are any plants, fruit or goods and the Inspector may search and inspect the land, premises or conveyance for the purpose of ascertaining whether any plants, fruit or goods are infected or whether any disease or pest exists on or in the land, premises or conveyance. (2) Immediately upon the arrival of a vessel or aircraft at Norfolk Island, an Inspector shall board the vessel or aircraft and shall search and inspect the vessel or aircraft for the purpose of ascertaining whether any plants, fruit or goods are infected or whether any disease or pest exists on the vessel or aircraft. (3) For the purposes of subsections 6(1) and 6(2), an Inspector may inspect plants, fruit or goods, take samples, open packages and do such other things as he considers necessary or expedient. (4) If an Inspector is satisfied that any plant, fruit, goods, conveyance, vessel or aircraft is infected, he shall serve on the owner or person in charge notice in writing under his hand requiring him to take such measures or to do such acts as are specified in the notice to prevent the introduction or spread of any disease or pest. Prevention of spread of disease 7. An Inspector may serve on the owner or occupier of any land, premises, conveyance, vessel or aircraft a notice requiring him to take such measures or to do such acts as are specified in the notice to prevent the introduction or spread of any disease or pest. Power to quarantine plants on land 8. Where any disease or pest exists on any land or premises, an Inspector may serve on the owner or occupier a notice in writing under his hand requiring him to quarantine such plants, fruit or goods on that land or in those premises as are specified in the notice for such period as he thinks fit, and to take such measures or to do such acts as are specified in the notice to prevent the spread of the disease or pest. Time for compliance with notices 9. A notice given under section 7 or 8 shall specify a time at which the action required by the notice shall be commenced and a time within which it shall be completed. Treatment of aircraft 10. (1) Immediately upon the arrival of an aircraft at Norfolk Island, an Inspector shall treat the aircraft with insecticides. (2) The treatment referred to in subsection 10(1) shall be in addition to, and not in substitution for, any measures that are taken in pursuance of sections 6 and 7. Removal of food refuse from vessel or aircraft 11. (1) A person shall not remove food refuse from a vessel or aircraft calling at Norfolk Island except with the permission of an Inspector. (2) A person who removes food refuse from a vessel or aircraft shall dispose of that food refuse by incineration or some other method approved by an Inspector. (3) While a vessel or aircraft remains at Norfolk Island, all food refuse retained aboard the vessel or aircraft and all fruit and vegetables on the vessel or aircraft shall be kept in insect-proof containers. Power to destroy 12. An Inspector may destroy, fumigate or otherwise dispose of any plants or fruit, or the debris of any plants or fruit, that are infected, or any coverings or packings in or with which any such plants or fruit have been contained or packed or any other plants or fruit or any other coverings or packings with which they have come in contact. Conditions of importation of plants or fruit 13. (1) Subject to section 14, a person shall not import into Norfolk Island any plants or any garlic, ginger, apples, potatoes, onions, edible nuts or grain of wheat, unless — (a) he has obtained a permit in writing under the hand of the Minister allowing the importation of the plants or fruits; and (b) he has complied with the conditions subject to which the permit is issued. (2) The conditions subject to which a permit for the importation of plants is issued are — (a) a condition that the plants — (i) are free from soil; (ii) are accompanied by an International Health Certificate issued by the Plant Quarantine Service of the exporting country; (iii) have been fumigated in such a way as to destroy all insect pests before despatch from the exporting country, and the details of the fumigation are certified by the Plant Quarantine Service of that country; and (iv) are packed in material other than straw and grass and in clean and new containers; and (b) such other conditions as the Minister determines. (2A) The conditions subject to which a permit for the importation of fruit, being garlic, ginger, apples, potatoes, onions, edible nuts or grain of wheat, is issued are the conditions (if any) specified by the Minister in the permit, being conditions imposing requirements, restrictions or prohibitions on the person to whom the permit is issued designed to prevent the introduction into Norfolk Island of any disease or pest. (3) A person shall not import into Norfolk Island any fruit other than garlic, ginger, apples, potatoes, onions, edible nuts or grain of wheat. (4) Notwithstanding subsections (1) and (2A) a permit must not be issued to import apples other than apples grown in and imported from Australia and in accordance with regulations. Importation of garden seeds, etc 14. (1) Section 13 does not apply to the importation into Norfolk Island of — (a) any variety of garden seeds, not being bean seeds of the genus Phaseolus, that have been — (i) harvested in Australia or New Zealand; (ii) packed in Australia or New Zealand, as the case may be, by or for a person who is approved by the Minister, by notice published in the Gazette, being a person who is engaged in the production of garden seeds on a regular commercial basis; and (iii) imported into Norfolk Island in the packages in which they were so packed; (b) preserved, frozen, dried or cooked foods prepared ready for cooking or eating; (c) plant products processed by grinding, crushing or rolling; (d) wood and wood products; and (e) clothing. (2) In determining whether to approve a person for the purpose of subparagraph 14(1)(a)(ii), the Minister shall have regard to the precautions taken in connection with the growing, harvesting, treating and packaging of garden seeds by or for the person for the purpose of ensuring — (a) that garden seeds packed by or for that person are free from disease and unlikely to cause the introduction of any disease into Norfolk Island; and (b) that packages of seeds so packed are free from pests. Entry of pests 15. A person shall not import any pest into Norfolk Island. Importation of soil 15A. (1) A person shall not import soil into Norfolk Island. (2) Where soil is attached to goods that are imported into Norfolk Island, or is brought into Norfolk Island with any such goods, the Minister may — (a) order the goods into quarantine; (b) require the goods to be treated for the purpose of removing soil from the goods; and (c) require soil removed from the goods, or brought into Norfolk Island with the goods, to be disposed of in such manner as he directs. Quarantine 16. The Minister may order into quarantine — (a) any plants or goods that are infected, or, in his opinion, are likely to be infected, with any disease or pest, or that are accompanied by any noxious weed; or (b) any fruit, other than fruit kept in insect-proof containers that are on a vessel or aircraft calling at Norfolk Island. Treatment in quarantine 17. Any plants, goods or fruit ordered into quarantine may — (a) be destroyed by order of the Minister; (b) be placed in quarantine at such places, and subject to such conditions, as the Minister approves; or (c) be dealt with as the Minister directs. Release from quarantine 18. A person shall not without the written consent of the Minister release from quarantine any plants, goods or fruit ordered into quarantine. Forfeiture of plants, etc 19. (1) An Inspector or a person authorised in that behalf by the Chief Executive Officer may seize any plants, fruit or pests imported in contravention of this Act and shall deal with them as the Minister directs. (2) A person shall not hinder or obstruct an Inspector or a person authorised under subsection 19(1) in the exercise of the powers conferred by subsection 19(1). False or misleading information 19A. (1) A person providing false or misleading information in connection with the importation of anything subject to the provisions of this Act, commits an offence. (2) Subsection (1) includes, but is not limited to, information presented to the Administrator, the Inspector, a person employed to assist the Inspector under subsection 5(2), a person authorised under subsection 19(1), or the Minister, whether in writing or by mark, stamp or inscription forms, labels, actions or otherwise. Fees 20. (1) The approved fees are payable in respect of the seizure, examination, detention, treatment in quarantine, disposal or destruction of any plants, fruit, goods or pests and in respect of any other matter or thing done or required to be done under this Act in relation to any plants, fruit, goods or pests. (2) The owner, the person in charge or, in the case of plants, fruit, goods or pests that have been imported into Norfolk Island, the importer of the plants, fruit, goods or pests shall pay any fees payable in respect of those plants, fruit, goods or pests and those fees shall, in the case of plants, fruit or goods, be a charge on the plants, fruit or goods. Offences 21. A person who contravenes or fails to comply with — (a) a provision of this Act; (b) the requirements of a notice served on him, in pursuance of this Act; or (c) any condition determined by the Minister, is guilty of an offence punishable, upon conviction, by imprisonment for 6 months or a fine of 20 penalty units or to both such fine and imprisonment. Regulations 22. (1) The Administrator may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act, and, in particular, prescribing penalties not exceeding 20 penalty units for offences against the regulations. (2) The regulations may adopt, with such changes as may be considered necessary or appropriate, all or part of the terms and conditions in force in another State or Territory concerning the quarantine of fruit and plant material to be imported into that State or Territory. Note: This could include, for example, adoption in whole or part of the Plant Quarantine Manual – Tasmania in force from time to time. ________ SCHEDULE Section 2 Importation of Plants Act 1915 Importation of Plants Act 1917 Importation of Plants Act 1931 Importation of Plants Act 1933 Importation of Plants Act 1940 Plant and Fruit Diseases Act 1928 Plant and Fruit Diseases Act (No. 2) 1928 NOTES The Plant and Fruit Diseases Act 1959 as shown in this consolidation comprises Act No. 5 of 1959 and amendments as indicated in the Tables below. Enactment Number and year Date of commencement Application saving or transitional provision Plant and Fruit Diseases Act 1959 5, 1959 1.10.59 Plant and Fruit Diseases Act 1961 5, 1961 20.7.61 Amendments Incorporation Act 1963 2, 1963 28.3.63 Plant and Fruit Diseases Act 1964 3, 1964 7.5.64 Ordinances Revision Act 1964 6, 1964 30.6.64 6 Plant and Fruit Diseases Act 1970 6, 1970 3.12.70 Ordinances Citation Act 1976 11, 1976 25.11.76 Ordinances Revision Act 1979 13, 1979 7.8.79 5 Ordinances Revision (Ministers) Act 1980 8, 1980 6.11.81 5 Statute Law Revision (Penalties and Fees) Act 1984 9, 1985 13.5.85 4 [Previously consolidated as at 21 April 1986] Plant and Fruit Diseases (Amendment) Act 2010 5, 2010 19.03.10 [Previously consolidated as at 23 March 2010] Interpretation (Amendment) Act 2012 14, 2012 28.12.12 [to substitute throughout —Commonwealth Minister for Minister; and to substitute Minister for executive member] ________ Ordinance Registration Commencement Application, saving and transitional provisions Norfolk Island Continued Laws Amendment Ordinance 2015 17 June 2015 (F2015L00835) 18 June 2015 (s 2(1) item 1) Sch 1 (items 382–396) (No. 2, 2015) (now cited as Norfolk Island Continued Laws Ordinance 2015 (see F2015L01491)) as amended by Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018 28 Sept 2018 (F2018L01378) Sch 1 (item 45): 29 Sept 2018 (s 2(1) item 1) — Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019 12 Aug 2019 (F2019L01048) Sch 1 (item 73): 13 Aug 2019 (s 2 (1) item 1) — Table of Amendments ad = added or inserted am = amended rep = repealed rs = repealed and substituted Provisions affected How affected 1 am 2, 1963; 6, 1970; 11, 1976 3 am 5, 1961; 6, 1970; 11, 1976; 8, 1980 4 am 5, 1961; 6, 1964; 8, 1980 5 am 8, 1980; Ord No 2, 2015 (as am by F2018L01378) 6 am 6, 1970 8 am 6, 1970 13 am 3, 1964; 6, 1970; 8, 1980; 5, 2010 14 am 5, 1961; 3, 1964; 6, 1964 rs 6, 1970 am 8, 1980 15A ad 3, 1964 am 8, 1980 16 am 6, 1970; 8, 1980 17 am 6, 1970; 8, 1980 18 am 8, 1980 19 am 6, 1970; 8, 1980; Ord No 2, 2015 (as am by F2018L01378) 19A ad 5, 2010 20 am 6, 1964; 13, 1979; Ord No 2, 2015 (as am by F2019L01048) 21 am 6, 1970; 8, 1980; 9, 1985 22 am 6, 1964; 6, 1970; 13, 1979; 9, 1985; 5, 2010