Plant Pests Act
Act 12 of 1925
- Commenced on 19 June 1925
- [This is the version of this document at 30 June 2012 and includes any amendments published up to 30 June 2014.]
1. Short titleThis Act may be cited as the Plant Pests Act.
2. Interpretation of termsIn this Act, unless the context otherwise requires—"Agricultural Appeals Tribunal" means the Agricultural Appeals Tribunal constituted and acting in accordance with section 9 of the Agriculture Act, and the regulations (if any) made thereunder, which section and regulations shall, subject to the provisions of this Act and of any regulations made thereunder, apply mutatis mutandis to an appeal under this Act;"disinfection" includes fumigation and such other process as may be ordered by the Chief Agricultural Officer;"imported" means brought into Seychelles by any channel whatsoever including the Post Office;"importer" includes the owner and his agent;"occupier" means the person in actual charge or occupation of any land, or in the case of unoccupied land the person entitled to the possession thereof, or his agent in Seychelles."owner" includes the proprietor, lessee or other person having any interest in any plant or in the land upon which any plant is grown or found or the agent in Seychelles of any such person;"package" includes box, covering, wrapper, earth, soil or anything whatsoever in which plants are or have been imported, kept or conveyed;"pest" includes such insects, parasitic organisms whether vegetable or animal, epiphytic plants, and fungi, as well as such diseases appertaining to plants, as are specified in Schedule A or which may be added to such schedule as hereinafter provided; but in sections 4 and 5 the term includes any pest or disease whether the same is or is not specified in Schedule A;"plant" includes all members of the vegetable kingdom whether living or dead and any part thereof (including the fruit or other product thereof) whether such part be attached to or severed from the original plant, but shall not include such fruit and vegetables as the Minister may from time to time by order published in the Gazette prescribe.
3. Pests and diseases to be notifiedThe Minister may by notice published in the Gazette add to Schedule A any pest or disease for the purpose of this Act or remove from the said schedule any pest or disease included therein or added thereto.
4. Prohibiting importation of plantsThe Minister may by notice published in the Gazette prohibit, entirely or from specified countries, or subject to such conditions as shall be specified, the importation of any or all plants, or any packages or other articles, which in the opinion of the Minister may be a means of introducing any pest or disease into Seychelles.
5. Restriction on importation of plants
6. Offences and forfeiture
7. Notification of infected area. Notification of freedom from infection
8. Regulations to be made by MinisterThe Minister may make regulations for the following purposes:—
9. Treatment and eradication of pests and diseases
10. Owner liable for expenses of treatment
11. Compensation for plants destroyedIt shall be lawful for the Minister, out of moneys voted by the People's Assembly for the purpose, to make grants, in such amounts as he shall think fit, by way of compensation or partial compensation to owners or occupiers of land, according to their respective interests in respect of healthy plants destroyed in order to prevent the spread of any pest or diseases to adjacent land belonging to a different owner or occupier.
12. Notice of existence of plant disease to be given by owner of landEvery owner or occupier of any land on which there may be plants that may reasonably be suspected of being affected with pest or disease shall with all practicable speed, give notice of the fact to the Chief Agricultural Officer and if without lawful excuse (proof whereof shall lie on him) he fails to do so he shall be guilty of an offence against this Act.
13. Right of entry on land
14. Protection of officers, etc.
15. Chief Agricultural Officer may authorise agent to actIn the performance of any duty under this Act required to be performed by the Chief Agricultural Officer, he may act personally or through any agent authorised by him in writing either generally or for any particular purpose in that behalf.
16. Entry on premises
17. Offences and penaltiesEvery person who shall do or omit to do anything which, by this Act or by any regulation or notice made or issued under this Act, is forbidden or required to be done, shall be guilty of an offence against this Act and shall on conviction be liable to a fine not exceeding one thousand rupees or to imprisonment not exceeding two years or to both such fine and imprisonment.
18. Prosecution of offencesAll offences under this Act or under any regulations made or notices issued under this Act may be prosecuted before the competent court by any member of the police force or by the Chief Agricultural Officer.
History of this document
19 June 1925