Phylloxera and Grape Industry Act 1995 (SA)

South Australia Phylloxera and Grape Industry Act 1995 An Act to provide for the protection of vineyards from disease and to assist and support the grape industry in South Australia.

Contents Part 1—Preliminary 1 Short title 3 Interpretation Part 2—Phylloxera and Grape Industry Board of South Australia Division 1—Constitution of Board 4 Establishment of Board 5 Constitution of Board 6 Terms and conditions of members 7 Presiding member of Board 8 Conduct of business by Board 9 Conflict of interest under Public Sector (Honesty and Accountability) Act Division 3—Functions and powers of Board 13 Functions of Board 14 Action to be taken on outbreak of disease 15 Regional and other committees 16 General powers 17 Delegation Division 4—Five year plan 18 Duty to prepare and maintain five year plan Part 3—The Register 19 The Register 20 Power of Board to inspect assessments 21 Returns 22 Correction of Register Part 4—Financial and reporting 23 Contributions 24 Phylloxera and Grape Industry Fund 25 Accounts and audit 26 Report Part 5—Miscellaneous 27 Members of Board to be inspectors 28 Power of delegation 29 False or misleading statements 30 Regulations Schedule—Transitional provisions 1 Interpretation 3 Vacation of office 4 Districts to continue as prescribed regions 5 Contributions Legislative history Appendix—Divisional penalties and expiation fees

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Phylloxera and Grape Industry Act 1995. 3—Interpretation In this Act, unless the contrary intention appears— Board means the Phylloxera and Grape Industry Board of South Australia continued under Part 2; Chief Inspector means the Chief Inspector appointed under the Plant Health Act 2009; cutting means a portion of a grape vine cane that has not been planted in soil or permitted to develop roots; disease means— (a) any bacterium, fungus, insect, mite or other arthropod, protozoan, virus or other organism or pathogen; or (b) any other condition, that may affect vines; Fund means the Phylloxera and Grape Industry Fund continued under Part 4; owner means— (a) the owner in fee simple; or (b) in relation to land held under an agreement to purchase from the Crown—the person entitled to the benefit of the agreement; or (c) in relation to land held under a Crown lease or licence—the lessee or licensee; prescribed region means a region defined by regulation; Register means the Register maintained under Part 3; registered person means a person registered in the Register; vine means a grape vine, alive or dead, or any vine cutting or part of a vine; vineyard means a parcel of land in which one or more vines are planted, growing or found. Note— For definition of divisional penalties (and divisional expiation fees) see Appendix.