Agriculture and Livestock (Plant Protection) Rules

THE AGRICULTURE AND LIVESTOCK (PLANT PROTECTION) RULES (Section 7) LN 61/1971 LN 68/1972 [24th September 1976] Citation 1. These Rules may be cited as the Agriculture and Livestock (Plant Protection) Rules. Interpretation 2. In these Rules unless the context otherwise requires— "declared area" means an area specified by notice under rule 5; "diseased plant" means any plant declared by notice under rule 3 to be diseased or likely to spread disease; "infected area" means an area declared to be an infected area under rule 4; "specified plant" means any plant specified by notice under rule 4 or 5. Prohibition of movement of plants or growing of crops 3. (1) The Minister may by notice prohibit the movement within Solomon Islands of any plant which is diseased or likely to spread disease, and may prohibit for any period the planting or growing of any crop or variety thereof which may be considered likely to hinder the prevention of the spread or the proper control of any disease or pest. (2) Any person who moves any plant or grows any crop in contravention of a notice issued under paragraph (1) shall be guilty of an offence. Declaration of infected areas 4. Where in any area the Minister is of the opinion that pests or diseases cannot otherwise be readily or adequately controlled or eradicated, he may by notice declare such area to be an infected area, and thereafter any person who shall move or cause to be moved any plant specified in such notice from such area without the permission of the Under Secretary or an inspector shall be guilty of an offence. Prohibition of movement of plant into a declared area 5. Where the Minister is of the opinion that any area is free from a particular pest or disease and that the movement of plants into that area from outside is likely to introduce that pest or disease into that area, he may by notice declare that no plant of any kind specified in such notice shall, except with the permission of the Under Secretary, be moved into such area and thereafter any person who shall move any such plant into such area without such permission shall be guilty of an offence. Declaration of quarantine areas LN 68/1972 6. Where the Minister is satisfied that any area may be infected by any pest or disease and that in order to eradicate such pest or disease or to prevent such pest or disease from spreading, it is necessary so to do, he may by order declare such area to be a quarantine area and— (a) prohibit or regulate the entry of persons and vehicles into the quarantine area; (b) prohibit or regulate the removal from the quarantine area of plants, earth, packing materials or any other matter or thing that may harbour or spread the pest or disease; (c) require persons, vehicles, clothing, footwear, plants, earth, packing materials or any other matter or thing in the quarantine area or leaving or being removed from the quarantine area, to be disinfected in such manner as may be specified or as may be required by any specified or authorised officer or other person; and (d) empower the destruction or disposal of any plant, earth, packing materials or any other matter or thing in or from the quarantine area which may reasonably be suspected of being infected. Powers of an inspector 7. (1) An inspector may give such instructions as he may consider necessary for— (a) the disinfection, fumigation and treatment of any building, vehicle or vessel suspected of being or having been used for the storage or conveyance of anything likely to infect any plant with disease or pest; (b) controlling or destroying any pest; (c) the disinfection, treatment, destruction or disposal of any unhealthy plant, or of any plant appearing to be infected with any disease or pest by ordering— (i) the disinfection or treatment of any such plant with a dressing composed of a suitable insecticide, fungicide or bactericide; or (ii) the destruction by burning of any such plant; or (iii) the disposal by some other suitable means of any such plant. (2) An inspector, with such assistants as he may require, shall be entitled to board at any place any vessel— (a) which he has reason to believe is carrying any diseased plant: (b) which he has reason to believe has come from an infected area; (c) which he has reason to believe is going or intending to go to a declared area from any other part of Solomon Islands; or (d) arriving at any place in a declared area or in the territorial waters surrounding such area which he has reason to believe has come from any other part of Solomon Islands, in order to ascertain if any diseased or specified plant is being carried in such vessel. (3) (a) The master of such vessel shall give an inspector boarding the vessel in accordance with the provisions of paragraph (2) all information which he may reasonably require and all reasonable facilities for the proper exercise of his powers under this rule. (b) Any specified plant found on any vessel referred to in paragraph (2) may be seized by the inspector and stowed away on board the vessel or destroyed or disposed of in such other manner as the inspector may consider appropriate. (c) No compensation shall be payable in respect of any specified plant destroyed or disposed of under this paragraph.