Mongoose Act (Cap. 67:55)

MONGOOSE ACT CHAPTER 67:55 LAWS OF TRINIDAD AND TOBAGO Act 8 of 1918 Current Authorised Pages Pages Authorised (inclusive) by L.R.O. 1–6 .. 1/2006 L.R.O. 1/2006 MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 LAWS OF TRINIDAD AND TOBAGO 2 Chap. 67:55 Mongoose Note on Subsidiary Legislation This Chapter contains no subsidiary legislation. Note on Adaptation Certain fees in this Chapter were increased by the Commission under paragraph 4 of the Second Schedule to the Law Revision Act (Ch. 3:03). Where this occurs, a marginal reference in the form normally indicating an amendment is made to LN 51/1980 (the Legal Notice by which the President’s approval was signified). MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 L.R.O. 1/2006 LAWS OF TRINIDAD AND TOBAGO Mongoose Chap. 67:55 3 CHAPTER 67:55 MONGOOSE ACT ARRANGEMENT OF SECTIONS SECTION 1. Short title. 2. Mongoose not to be imported. 3. Power of Customs officer. 4. Mongoose not to be kept. 5. Search warrant. 6. Entry on land by certain persons in order to destroy mongoose. 7. Order on owner or occupier of land to destroy mongoose. 8. Non-compliance with order. 9. Expenses and charges. 10. Protection of persons acting under this Act. SCHEDULE. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 LAWS OF TRINIDAD AND TOBAGO 4 Chap. 67:55 Mongoose CHAPTER 67:55 MONGOOSE ACT An Act relating to the importation and destruction of mongoose. [27TH APRIL 1918] 1. This Act may be cited as the Mongoose Act. 2. (1) No person shall import or cause to be imported into Trinidad and Tobago any live animal of the description known as mongoose. (2) Any person who contravenes this section is liable on summary conviction to a fine of one thousand dollars. 3. Any officer of Customs finding a live mongoose among any goods or baggage entering Trinidad and Tobago shall forthwith seize the same and destroy or cause the same to be destroyed. 4. (1) No person shall keep or have in his possession any live mongoose. (2) Any person who contravenes this section is liable on summary conviction to a fine of one thousand dollars. (3) The convicting Magistrate shall order any mongoose in respect of which an offence under this section has been committed to be destroyed. 5. (1) Any Magistrate or Justice who is satisfied by proof on oath that there is reasonable cause for believing that there is in any house, building, premises or other place any mongoose, may issue a warrant under his hand authorising a police officer named in the warrant to enter and search such house, building, premises or other place for such mongoose. (2) Every such warrant may be issued and executed on a Sunday. 1950 Ed. Ch. 25. No. 6 8 of 1918. Commencement. Short title. Mongoose not to be imported. Power of Customs officer. Mongoose not to be kept. Search warrant. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 L.R.O. 1/2006 LAWS OF TRINIDAD AND TOBAGO Mongoose Chap. 67:55 5 6. (1) It shall be lawful for— (a) the Chief Technical Officer (Agriculture); or (b) the Chief Plant Protection Officer or any Plant Protection Officer appointed under the Plant Protection Act; or (c) any person authorised in writing by the Chief Technical Officer (Agriculture), to enter with such assistants as may be necessary upon any land and search for, capture and destroy mongoose. (2) The occupier or, if there is no occupier, the owner of any such land shall pay to the Director of Agriculture the sum of two dollars for every mongoose destroyed under this section. (3) If a mongoose is destroyed by or under the direction of any person named in subsection (1)(a) and (b), any amount received in respect of such destruction shall be paid to the Comptroller of Accounts, otherwise such amount shall be paid by the Chief Technical Officer (Agriculture), when received, to the person by whom or under whose direction the mongoose is destroyed. 7. (1) The Chief Technical Officer (Agriculture) may issue an order in writing in the form set out in the Schedule to the occupier, or if there be no occupier to the owner, of any land, directing him to take within a definite time from the service upon him of such order to be specified therein, all such measures as may be necessary for the destruction of mongoose on his land. (2) If there is no occupier on any land, service of any order under this Act may be made by affixing the same in some conspicuous part of the land. 8. If any owner or occupier fails to comply with the directions contained in any order, any Officer authorised either generally or in a special case by the Chief Technical Officer (Agriculture) may, with or without assistants, enter upon such lands and take such steps as may be necessary for properly and effectively carrying such order into execution. Entry on land by certain persons in order to destroy mongoose. Ch. 63:56. [51/1980]. Order on owner or occupier of land to destroy mongoose. Schedule. Non-compliance with order. MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011 LAWS OF TRINIDAD AND TOBAGO 6 Chap. 67:55 Mongoose 9. All payments directed to be made to the Chief Technical Officer (Agriculture) under section 6, and all expenses incurred by or under the direction of the Chief Technical Officer (Agriculture) in carrying into effect any Order made under section 7 shall be a first charge on the land affected by the order, and payment thereof may be enforced forthwith in the manner provided by the Lands and Buildings Taxes Act. 10. (1) No person authorised under this Act shall be deemed a trespasser by reason of any entry or destruction or action taken or thing done under this Act, or be liable for any damages occasioned by carrying out any of the provisions of this Act, unless the same were occasioned maliciously and without reasonable and probable cause. (2) Proceedings taken under this Act shall not be rendered void by reason of any informality in any order or notice made or given. SCHEDULE THE MONGOOSE ACT ORDER To ......................................................................................., occupier [or owner] of ........................................ situated at...................................................... in the Ward of ................................................................................................................ In pursuance of the powers vested in me by the Mongoose Act, I hereby direct you, within ................................... days of the service upon you of this Order, to take all such measures as may be necessary, for the destruction of mongoose on the following land, namely [here describe the land]. Dated this ........ day of..................................., 20....... A.B., Chief Technical Officer (Agriculture) Expenses and charges. Ch. 76:04. Protection of persons acting under this Act. (Section 7). MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt UNOFFICIAL VERSION UPDATED TO DECEMBER 31ST 2011