109

Plants Protection Ordinance, 1909,
Amendment Ordianice, 191S.


[1913. 56


Q^tb* cEB |


I assent.
J. HAYES SADLER,
Governor.
9th December, 1918.


SAINT LUCIA.


No. 19 of 1913.


AN ORDINANCE to amend the Plants Protection Ordinance,
1909.
[ 30th December, 1913. ]
B E it enacted by the Governor, with the advice and consent
of the Legislative Council of Saint Lucia, as follows:-

1. This Ordinance may be cited as the Plants Protection Short title.
Ordinance, 1909, Amendment Ordinance, 1913, and shall be
read and construed as one with the Plants Protection Ordin-
ance, 1909, hereinafter called the principal Ordinance.


No. 19.]








110


Plants Protection Ordinance, 1909,
Amemenment Ordinance. 1.913.


New title of
Ordinance No. 12 of
1909.


Interpretation of
terms.


2. The title of the principal Ordinance is hereby'repealed,
and the following shall be substituted therefor-
"An Ordinance for the prevention and eradication of
Diseases and Pests affecting vegetation."

3. (1.) The interpretations of the expressions "Packages"
and " Plants " in section two of the principal Ordinance are
hereby repealed, and the following shall respectively be substi-
tuted therefor-
"Package " includes box, covering, wrapper, earth, soil or
anything whatsoever in which plants are or have been
imported, kept or conveyed.
"Plant" includes tree, shrub, herb or vegetable; and
cuttings, bulbs, seeds, berries, buds and grafts; and the
fruit or other 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; but it shall
not be deemed to include imported vegetables or fruit
intended for consumption as food and not for propaga-
tion.
(2) The following interpretations shall be added to section two
of the principal Ordinance:-
"Agricultural Superintendent" means the Superintendent
of the Department of Agriculture of the Colony.
" Animal organism" means any animal organism in what-
ever stage of existence it may be.
"Disease" means any disease affecting plants caused by or
consisting in the presence of any pathogenical, animal
or vegetable organism which the Governor in Council
may by Proclamation in the Gazette, with the consent
of the Legislative Council signified by resolution, from
time to time declare to be a disease within the mean-
ing of this Ordinance; and in sections three, seven
and eleven of this Ordinance it includes any disease
affecting plants which has not been declared by such a
Proclamation to be a disease.
" Inspector" means an Inspector of Plants appointed by the
Governor for the purposes of this Ordinance.
"Occupier" means the person in actual occupation of any
land, or, in the case of unoccupied land, the person
entitled to the possession thereof or his agent in the
Colony.


No. 19.]


[191s.










Plants Pi oteclion Ordinance, 190'i,
Ameendment Ordinance, 1913.


"Pest" means any parasitical, epiphytal or other animal
or vegetable organism affecting plants which the
Governor in Council may by Proclamation in the
S Gazette, with the consent of the Legislative Council
signified by a resolution, from time to time declare
to be a pest within the meaning of this Ordinance; and
in sections three, seven and eleven of this Ordinance it
includes any such organism affecting plants which has
not been declared by such a Proclamation to be a pest.
"Regulations " means regulations under this ordinance.
"Vegetable organism" means any vegetable organism in
whatever stage of existence it may be.

4. Sections three, four, six, seven and eleven of the principal
Ordinance shall be amended as follows:-
(a) The words " or pest" shall be added after the word
" disease " in subsection one of section three;
(b) After the word " importer " at the end of paragraph (2)
of section four the following shall be added:-" Provided
that the Agricultural Authority may, in his discretion,
refrain from disinfecting any such plants or packages
where he is satisfied that disinfection is unnecessary."
(c) The words "and packages" shall be added after the
word " plants " in section six;
(d) In lieu of the words "vegetable or insect pests " in
subsection one of section seven the words " disease or
pest" shall be substituted; and the word " hereunder"
in the said subsection shall be struck out.
(e) The words "insect" and fungoidd" in subsection one
of section eleven shall be struck out.

5. The following sections shall be added to the principal
Ordinance and numbered respectively fourteen, fifteen, sixteen,
seventeen, eighteen, nineteen and twenty:-
"14. It shall be lawful for the Governor in Council, with the
consent of the Legislative Council signified by resolution,
from time to time by Proclamation in the Gazette to
declare any disease or pest to be a disease or pest within
the meaning of this Ordinance; and if the Governor in
Council is satisfied that any such disease or pest exists in
the Colony, he may by the same or any other Proclama-
tion in the Gazette declare that the provisions of this
Ordinance shall apply to that disease or pest throughout


Amendments of
sections 8, 4, . 7 and
11 of Ordinance No.
12 of 1909.














New sections added
to No. 1i of 1909.

ProclaTation of
infected area.


No. 19.]


[1913.










112


Plants Protection Ordinance, 1909,
Amendment Ordinance, 191i3.


Notification of
disease or pest by
oocupier of land.












Power to enter land.





Notice requiring
eradication of
disease or pest.









Eradication by
Inspector on non-
compliance with
notice.


the whole Colony or in any one or more specified areas in
the Colony, and thereupon the said provisions shall apply
accordingly.
"15. (1.) So soon as the occupier of any land becomes
aware of or suspects the existence of any disease or pest
affecting any plant in his land
(a) he shall forthwith report the same to the
Agricultural Superintendent or to an Inspector or
to the officer in charge of the Police Station nearest
to the land, and also to the occupier or occupiers of
adjoining lands; and
(b) he shall forthwith take all practicable measures
for eradicating the disease or pest and for preventing
its spread or recurrence.
" (2.) Every officer in charge of a Police Station shall forth-
with forward to the Chief of Police any such report received
by him, and the Chief of Police shall forthwith transmit
the same to the Agricultural Superintendent."
"16. The Agricultural Superintendent or any Inspector
may, with or without assistants, at all reasonable times
enter without notice upon any land and make an exam-
ination for the purpose of ascertaining if any disease or
pest exists thereon, and may remain thereon, as long as
may be reasonably necessary for such purpose."
"17. (1.) Where the Agricultural Superintendent or any
Inspector is satisfied that there is any disease or pest
affecting any plant in any land, he may serve a notice in
writing, in the form in the Schedule to this Ordinance
or to the like effect, upon the occupier of the land
requiring him within the time specified in the notice, to
carry out such measures as may be necessary for the
eradication of or for the prevention of the spread of the
disease or pest, including in such measures the total
destruction of any plants, whether they are so affected
or not.
(2.) If any occupier upon whom a notice is served under
this section fails to carry out the requirements of the
notice within the time therein specified, the Agricultural
Superintendent or any Inspector, with or without assist-
ants, may enter upon the land and take such measures as
may be necessary for properly and effectively carrying
out the requirements of the notice. For the purpose of
taking such measures the Agricultural Superintendent


No. 19.]


[1913.










113


No. 19.]


Plants Protection Ordinance, 1909,
Amendment Ordinance, 1913.


[1913.


or Inspector may act through any agent authorised by
him in writing generally in that behalf.
(3.) The expenses incurred by the Agricultural Superin- Reovery of
tendent or Inspector in carrying out the requirements of epenses of eradioa.
the notice shall be paid by the occupier in default, and
shall be recoverable from him as a debt before a District
Court, and until paid shall be a first charge in favour of
the Crown, without registration, on the land affected by
the notice. This liability shall be in addition to any
liability to a penalty on conviction for an offence under
this Ordinance.
(4.) In any proceedings for the recovery of such expenses Procedure for re-
from the occupier in default, the Agricultural Superin- cover of expenses.
tendent or Inspector as Plaintiff may be represented by
any person authorised by him so to do. In any such
proceedings, and at the hearing of any complaint for an
offence in respect of the failure to comply with a notice
under this section, the Court may receive proof of the
service of the notice by a statutory declaration of the
person who served the same; and the declaration shall
be exempt from stamp duty."
(5.) It shall be lawful for the Governor out of moneys compensation.
voted by the Legislative Council to make grants, in such
amounts as he shall think fit, by way of compensation or
partial compensation to occupiers and to owners, accord-
ing to their respective interests, in respect of healthy
plants destroyed in order to prevent the spread of any
disease or pest into adjoining lands.
" 18. (1.) Any notice under the last preceding section may service of notices.
be served by delivering the same or a true copy thereof
(a) to the occupier of the land, or
(b) to some adult person at the occupier's usual or last
known place of abode or business, or
(c) by affixing the same or a true copy thereof on some
conspicuous place in the land.
(2.) Any such notice may be addressed by the description
of the " Occupier " of the land (describing the land) in
respect of which the notice is served, without further
name or description."
"19. (1.) No person authorised under the provisions of this Protection of per-
Ordinance shall be deemed a trespasser by reason of any B, acting under
' this Ordinance.
entry, or destruction, or action taken, or thing done
under this Ordinance, or be liable for any damages









114


No. 19.]


Plants Protection Ordinance, 1909,
Amendment Ordinance, 1i'13.


[1913.


occasioned by the carrying out of any of the provisions of
this Ordinance unless the same were occasioned mali-
ciously and without reasonable and probable cause.
(2.) No action shall be brought against any person acting
or purporting to act in the execution of this Ordinance
unless it be commenced within three months of the date
when the act complained of was committed, and notice in
writing of the action and the cause thereof shall be given
to the defendant one month at least before the com-
mencement of the action."
Penalty for intro. "20. (1.) Every person who introduces any love-vine on
during lovevineon any land, road, plant, fence, building or place shall be
liable on summary conviction to a penalty not exceeding
twenty pounds, and, if he is or appears to the Magistrate
before whom he is charged to be under the age of six-
teen years, he shall be liable for every such offence, in
addition to or in lieu of any other punishment, to be
whipped once with not more than twelve strokes of a
tamarind rod or other similar rod.
(2.) "Love-vine " means the plant commonly called love-
vine or vermicelle bois and any plant, or part thereof, of
the genus Cuscuta."

section 14 of No. 12 6. Section fourteen of the principal Ordinance shall be re-
o 1909 ended numbered twenty-one and shall be amended as follows:-
and re.numbered
sr. (a) In lieu of the word " made " in the second line of sub-
section one, the words "or notice made or issued " shall
be substituted, and
(b) In lieu of the word "Authority" in sub-section two,
the words " Superintendent or an Inspector or the Chief
of Police, or any person authorised by the Treasurer or
Agricultural Superintendent or Chief of Police " shall be
substituted.

New motion 22 in 7. Section fifteen of the principal Ordinance is hereby re-
plae of station pealed and the following section shall be substituted therefore
and numbered twenty-two:-
Bgulationa. " 22. The Governor in Council may from time to time make
regulations,
(i) For securing the detention and examination of, and
for regulating or prohibiting the removal of, any
plant, earth, soil, dung, manure or thing suspected










115


Plants Protection Ordinance, 190",
Amendment Ordinance, 1918.


[1918.


to be affected with any disease or pest, or of any
packages suspected to have contained any such plant
or things;
(ii) For securing the effectual treatment of plants
affected with disease or pest and the effectual eradi-
cation of diseases and pests, and for the supply of
chemicals, appliances and other means whereby the
treatment or eradication may be facilitated;
(iii) For regulating the duties of Inspectors and other
persons charged with the execution of any of the
provisions of this Ordinance or of any regulations;
(iv) For declaring any place or area to be under quar-
antine and for enforcing and regulating such
quarantine;
(v) And generally for preventing the introduction into
the Colony or the spreading therein of any disease or
pest.


8. Section sixteen of the principal Ordinance shall be re-
numbered twenty-three.

9. In all copies of the principal Ordinance hereafter printed
by the Government Printer, all repeals and amendments of the
provisions of the principal Ordinance made by this Ordinance
shall be omitted and inserted, as the case may be, and refer-
ence shall be made in the margin of the principal Ordinance to
the sections of this Ordinance by which the repeals and amend-
ments are respectively made.


Section 16 of No. 12
of 1909 re-numbered
28.
Copies of No. 12 of
1909 to be reprinted
as amended by this
Ordinance.


No. 19.]















No. 19.]


(1) Or "To the
occupier of (2) " if
his name is not
known.
(2) Describe the
land or portion of
land affected with
disease or pest.
(8) A reasonable
limit of time is to
be fixed for the
completion of the
work required to be
done.
(4) State them and
the disease or pest
to be dealt with.


To (1)


116

Plants Protection Ordinance, 1909,
Amendment Ordinance, 1913.




SCHEDULE.

Plants Protection Ordinance.

the occupier of (s)


[1913.


Take notice that I, the undersigned , in pursuanoe
of section 17 of the Plants Protection Ordinance, 1909, enacted by Ordinance No.
of 1913, do hereby require you, before the (s) day of
191 , to carry out the following measures (4)

And take notice that if you fail to comply with this notice you shall be liable
to a penalty on summary conviction, and you shall in addition be liable to pay the
expenses I may cause to be incurred in carrying out the requirements of this notice.


Dated this


day of


Inspector of Plants.


(5) Strike out
alternative words
which are not
applicable.
(6) Name of per-
son to whom notice
is addressed.
(7) Post, &c.


DECLARATION.

(To be endorsed on the notice.)

I, the undersigned do solemnly and sincerely declare that
I served a notice of which the foregoing is a true copyon the day of
a true copy of the foregoing notice
191 . (5) by delivering the same to (6) at
(5) by delivering the same to an adult at the (5) usual or last known place of abode or
business of (a) at (5) by affixing the same con-
spicuously to a (7) on the land mentioned in the notice.
I make this declaration conscientiously believing the same to be true and according
to the Statutory Declarations Ordinance, 1887.
Server of Notice.


Declared before me at


day of


N.B. This declaration is exempt from stamp duty.


Justice of the Peace.


Passed the Legislative Council this 26th day of November, 1I13.


SAMUEL OKELL,
Clerk of Couvnila.


PRINTED BY THE GOVERNMENT PRINTER, AT THE GOVERNMENT PRINTING OFFICE,
CASTRIES, ST. LUCIA.


1913-948.