Balata Act (Cap. 69:07)

L.R.O. 1/2012 LAWS OF GUYANA BALATA ACT CHAPTER 69:07 Act 40 of 1903 Amended by 9 of 1977 6 of 1997 1 – 6 ... 1/2012 (inclusive) by L.R.O. Pages Authorised Current Authorised Pages LAWS OF GUYANA 2 Cap. 69:07 Balata L.R.O. 1/2012 Note on Subsidiary Legislation This Chapter contains no subsidiary legislation. LAWS OF GUYANA Balata Cap. 69:07 3 L.R.O. 1/2012 CHAPTER 69:07 BALATA ACT ARRANGEMENT OF SECTIONS SECTION 1. Short title. 2. Interpretation. 3. No sale of balata without a licence. 4. No purchase of balata without a licence. 5. Licensees to keep books. 6. Licence issued to owner of private land to specify quantity of balata to be sold under it. 7. (1) Issue of licences. (3) Penalty for selling without. 8. Imported balata excepted from Act. 9. Prosecution of offences. 1929 Ed. c. 160 1953 Ed. c. 225 40 of 1903 An Act for the Prevention of Fraudulent Dealings with Balata and substances of the like nature. [14TH NOVEMBER, 1903] Short title. Interpretation. [9 of 1977] c. 67:01 1. This Act may be cited as the Balata Act. 2. In this Act— “balata” includes rubber and any substance of a like nature; “officer” includes any forest officer under the Forests Act, any district commissioner and any member of the police LAWS OF GUYANA 4 Cap. 69:07 Balata L.R.O. 1/2012 No sale of balata without a licence. No purchase of balata without a licence. Licensees to keep books. [6 of 1997] force. 3. (1) No one shall sell or export balata unless he takes out a licence for so doing. (2) The licence shall not be issued to anyone unless— (a) he is the holder of a licence for obtaining balata, issued under the State Lands Regulations for the time being in force; (b) he satisfies a district commissioner that he is the owner or lawful occupier of land on which bullet trees are growing; or (c) he is the duly authorised agent of the persons aforesaid. (3) A district commissioner shall not be bound to issue any licence under this section. 4. (1) No one shall purchase balata unless he takes out a licence for so doing. (2) A district commissioner shall not be bound to issue a licence under this section. 5. (1) Everyone licensed to sell, export, or purchase balata shall, keep a book in which shall be entered— (a) the name and address of the person to whom he sells, or from whom he purchases it, or for whom as agent he sells or exports it; LAWS OF GUYANA Balata Cap. 69:07 5 L.R.O. 1/2012 Licence issued to owner of private land to specify quantity of balata to be sold under it. [6 of 1997] (b) the quantity of balata so sold, purchased, or exported; (c) the price at which it was sold and purchased; (d) the date of the sale, purchase, or export; and (e) if he is the seller or exporter thereof, the place from which it was obtained. (2) The book shall be open at all reasonable times to the inspection of any officer. (3) Anyone licensed as aforesaid who neglects to keep the book, or duly to enter therein the particulars hereinbefore required, or who refuses to allow it to be inspected by an officer, shall be liable on summary conviction to a fine of nineteen thousand five hundred dollars. 6. (1) Whenever a licence is issued under section 3 to anyone who is the owner or lawful occupier of land on which bullet trees are growing, the licence shall specify on the face thereof the quantity of balata which the person licensed may sell or export under it, and anyone so licensed who during the currency of his licence sells or exports a greater quantity of balata than that specified in his licence, shall be liable to a fine of nineteen thousand five hundred dollars. (2) The quantity of balata to be specified in a licence as the quantity which may be sold or exported thereunder shall be the quantity which the district commissioner issuing the licence considers may reasonably be expected to be collected from the land owned or occupied by the person so to be licensed during the period for which the licence is to be issued, and for the purpose of estimating that LAWS OF GUYANA 6 Cap. 69:07 Balata L.R.O. 1/2012 Issue of licences. [6 of 1997] c. 80:01 Penalty for selling without. Imported balata excepted from Act. Prosecution of offences. quantity, the district commissioner, before issuing the licence, may require that land and the bullet trees upon it to be inspected by an officer at the expense of the applicant for the licence. 7. (1) Licences to sell, export, or purchase balata may be issued by the district commissioner. (2) A licence shall expire on the 31st March next after its issue, and the person to whom it is issued shall pay for it the sum fixed by the Tax Act for the time being in force. (3) Everyone who sells, exports, or purchases balata without having a licence in force for so doing under this Act shall be liable on summary conviction to a fine of forty-eight thousand seven hundred and fifty dollars. 8. This Act shall not apply to any balata imported into Guyana from any country or place outside Guyana. 9. Any offence created or penalty imposed by this Act may be prosecuted or recovered under the Summary Jurisdiction Acts.