Animal and Plant Biosecurity Act 2014 (No. 10 of 2014)

,"'; i [28th April 2014] Supplement to Official Gazette 247 1. 2. 3. c' 4. .5 . . 6. 7. 8. 9. "' 10. 11. 12. . 13. 14. 15. 16. .' 17. 18. 19. 20. 21. 22. 2.3. 24. 25. ANIMAL AND PLANT BIOSECURITY ACT, 2014 (Act 10 012014) ARRANGEMENT OF SECTIONS PART I - PRELIMINARY Short title and commencement Interpretation Application of the Act PART II - AGENCY RESPONSIBLE FOR BIOSECURITY, NATIONAL BIOSEtrRlTYCOMMITTEE, DlRECTOR­ FUNCTIONS, DUTIES AND RESPOSIBIITIES Designation and responsibility of agency responsible for biosecurity Functions of the agency Biosecurity Emergency Response Plan, operational manual etc. Compliance agreements Power to conclude agreements with owners or. administrators of islands etc. Outsourcing Biosecurity approved premises International cooperation Funds oftheAgency Annual Financial Statement Statement of account Annual report Establishment and constitution of National Biosecurity Committee Functions of National Biosecurity Committee Director ofBiosecurity Declaration of Regulated articles Reg\llated pests or diseases Notifiable pests and diseases Notification of pests and diseases and their classifications Biosecurity register and records Status ofbiosecurity register and records Chief Plant Protection Officer and Chief Veterinary Officer • , I 248 Supplement to Official Gazette [28th April 2014] ~~----~----------~--~--~ 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54 .• 55. PART III - BIOSECURITYOFFICERS, POWERS AND FUNCTIONS Designation ofbiosecurity officers Functions ofbiosecurity officers Identification ofbiosecurity officers Training ofbiosecurity officers Powers ofbiosecurity officers and exercise of powers Power of entry, search and seizure in relation to regulated articles Inspection of documents in relation to regulated articles Inspection of regulated articles Detention of regulated articles Taking of samples Testing of regulated articles Treatment of regulated articles RecQnsignment of regulated articles Destruction of regulated articles Powers in relation to people Duty to coordinate and cooperate PART IV - VESSELS AND AIRCRAFT Designation ofbiosecurity port quarantine area for vessels and aircraft Management of biosecurity port quarantine area for vessels and aircraft Biosecurity port quarantine notiCes Biosecurity arrival declaration Biosecurity landing clearance Biosecurity port quarantine of vessels and aircraft Moving of vessels and airCraft to biosecurity port quarantine area Conduct of vessels and aircraft in biosecurity port quarantine Costs of treatment or othermeasures Biosecurity port quarantine clearance of vessels and aircraft Incoming vessel or aircraft posing serious biosecurity threat to leave Seychelles Obligations of masters and captains of incoming vessels and aircrafts with regards to garbage, ballast etc. Outgoing vessels and aircraft Passenger arrival biosecurity declaration [28th April 2014] Supplement to Official Gazette 68. 69. 70. 71.. 72. 73. .74. 75. 76. 77. 78. 79." Biosecurity entry clearance Departing passengers PART V - BIOSECURITY BORDER CONTROL Importation of regulated articles Designation ofbiosecurity points of entry and departure Incoming vessels and aircraft to berth or land at biosecurity point of entry Facilities at biosecurity points of entry and departure Designation ofbiosecurity port holding area Designation ofbiosecurity goods holding area Designation ofbiosecurity postal holding area Facilities at biosecurity holding areas Management ofbiosecurity holding areas Biosecurity clearance agents PART VI - BIOSECURITY IMPORT PROCEDURES Application for a biosecurity import permit Decision on application for biosecurity import pennit Biosecurity import conditions Change ofbiosecurity import cOQ.ditions Development of new biosecurity import conditions Application for access to Seychelles market Exemption from biosecUrity import conditions Biosecurity entry inspection of incoming regulated articles Biosecurity import clearance ofincoming regulated articles Grant and refusal ofbiosecurity import clearance Revocation of a biosecurity import permit Regulated articles and passengers in transit PART VII - BIOSECURITY QUARANTINE Designation ofbiosecurity quarantine stations Facilities at biosecurity quarantinestations Conditions ofbiosecurity quarantine Management ofbiosecurity quarantine stations Biosecurity quarantine notices , 249 250 85. 86. 87. 88. 89. 90. 9l. 92. 93. 94. 95. 96. 97. 98. 99. 100. 10l. 102. 103. 104. 105. 106. 107. 108. 109. 110. 11l. 112. Supplement to Official Gazette [28th April 2014] Biosecurity quarantine of regulated articles Moving of regulated articles to biosecurity quarantine station Release from biosecurity quarantine No plant or animal to be at large PART VIII - BIOSECURITY INTERNAL CONTROL Order to conduct pest and disease surveys Powers in relation to pest and disease surveys Publication and transmission of survey results Powers of entry, search and seizure where presence of regulated pest or disease is suspected . . Detention and testing of animals, plants and their products suspected of being infested by regulated pest or disease . Moving of animals, plants and their products suspected of being infested by regulated pest or disease to place of detention Management of places of detention. . Post mortem examination of animals suspected of being infected by regulated disease Treatment of animals, plants and their products suspected of being infested by regulated pest or disease Destruction of animals, plants and their products suspected of being infested by regulated pest or disease Cost of treatment and destruction Declaration ofinfested biosecurity controlled area Power to enter infested biosecurity controlled area Regulation of infested biosecurity controlled areas Cost of treatment or destruction and compensation Declaration of pest"-free biosecurity controlled area Regulation of pest-free biosecuritycontrolled areas Destruction of wild, feral or stray animals Beneficial organisms and Biocontrol agents PART IX - BIOSECURITY EMERGENCIES Declaration of a biosecurityemergency area Display of notice of declaration Revocation and expiry of declaration Response to a biosecurity emergency Powers in relation to biosecurity emergency area [28th April 2014] Supplement to Official Gazette 251 113. 114. 115. 116. 117. 118. 119. 120. 12l. 122. .123. C?st oftr~atment or destruction and compensation BlOsecunty emergency regulations .. Matters for which biosecurity emergency regulations may provide Cost oftreatment or destructlOn and compensation PART X - BIOSECURITY EXPORT PROCEDURES Requirement for biosecurity export clearance Applic~tion for biosecurity export clearance InspectlOn ~d application ofbio'Security measures Is~ue of s~mtary and phytosanitary certificates Blosecunty export requirements Grant or refusal.ofbiosecurity export clearance Market access application PART XI - OFFENCES AND PENALTIES . Dereliction of duty by officers Obstruction, false information etc . Fraudulent use of official document Penalties Forfeiture Fixed penalty PART XII - MISCELLANEOUS PROVISIONS Abandoned goods Compensation . Establishment of Appeals Board Review of decisions ofbiosecurity officers and appeal to the Appeals B.oard Limitation ofliability Evidence Mode of service Regulations Repeals and savings Transitional provisions Consequential amendments Kt;iationship with other Acts Schedule - Maximum penalties and fixed penalties 252 Supplement to Official Gazette [28th April 2014] - [28th April 2014] Supptement to Official Gazette ANIMAL AND PLANT BIOSECURITY ACT, 2014 (Act 10 0/2014) I assent J. A. Michel President 25th April, 2014 .. AN ACT to prevent the entry of animal and plant pests and . into, and their establishment and spread in, Seychelles, to regulate and control the movement of animal and plant pests and diseases and of animals and plants and their within Seychelles, to facilitate international trade and . cooperation in respect of ani~al and plant pests and diseases and for matters connected therewith and incidental thereto. . • ENACTED by the President and the National Assembly. PART I - PRELIMINARY 1. This Act may be cited as the Animal and Plant Bic:::~curity Act, 2014 and shall come into operation on such date as the Minister may by notice published in the Gazette, 253 Short title and commencement 254 Interpretation Supplement to Official Gazette [28th April 2014] 2. In this Act "Agency" means the authority designated by the President under section 4, to be the agency responsible for biosecurity; "aircraft" means any conveyance that may bi.: used in navigation by air; "animal" means any mammal (other than a human), bird, insect, amphibian, reptile, fish. mollusc, crustacean or other member of the animal kingdom, whether alive or dead, and includes (a) the egg, embryo, ova or semen and any organic animal tissue from which another animal could be produced; and (b) the hide, skin, hair, feather, shell, horn. hoof, viscera or any other part or portion of . the body of an animal; "animal product" means any article or substance derived from an animal, whether or not in combination with any other article or substance. and includes - ~ (a) meat, fat, milk, whey, cream, butter, cheese. eggs, honey and other foodstuffs. derived from an animal; (b) the dung, urine, faeces, saliva, bone or blood of an animal, 'or any article Of substance derived from the dung, urine. faeces, saliva, bone or blood of -an animal; (c) the secretions of any animal; [28th April 2014] Supplement to Official Gazette (d) any product or biological preparation derived from any animal tissue or animal secretion; "Appeals Board" means the Board established under section 132; "article" means a single unit of any goods; "baggage" means any goods which accompany a passenger or crew member on a conveyance, inclu!iing clothing and any article attached or otherWise connected to the body or clothing of any passenger or crew member; "ballast water" means water used as ballast in a vessel and includes sediment that is or has been contained in such water; "beneficial organism" means any organism including fungi, material, virus like organisms or invertebrate animals and commercially produced biological agents which are utilized specifically for control of a pest, disease or invasive alien species, for pollination, for production of commercially valuable products or for other purposes beneficial to agriculture production or environment protection; "biosecurity" means a strategic and integrated approach that encompasses the policy and regulatory framework for analysing and managing relevant risks to animal and plant life and the associated risks to the environment, economy and public health; "biosecurity approved premises" means premises approved for the inspection, testing and treatment of regulated articles undersection 10; 255 256 Supplement to Official Gazette [28th Apri12014] "biosecurity clearance" (a) in respect of a regulated article or consignment of regulated articles' means biosecurity import clearance and biosecurity export clearance; (b) in respect of crew and passengers, means biosecurity entry clearance; "biosecurityclearance agent" means a person in Seychelles appointed by an importer or exporter under section 67 as the agent of the importer or exporter for the purposes of this Act to supervise the biosecurity clearance of any regulated article; "biosecurity control" of a regulated article means submission of the article for inspection under this Act, and thereafter taking such biosecurity measures, or permitting such measures to be taken, as directed pursuant to this Act, until biosecurity clearance is granted in respect ofthe article; ~'biosecurity controlled area" means an infested . biosecurity controlled area declared under section 100 or a pest-free biosecurity controlled area declared under section 104; "biosecurity emergency" means the incursion or suspected incursion of a regulated pest or disease into any area of Seychelles, or the existence of some other biosecurity threat, which requires urgent action, whether by eradication, containment or other response; "biosecurity emergency area" means an area declared as such under section 108 in response to a biosecurity emergency; [28th Apri12014] Supplement to Official Gazette "biosecurity entry clearance" means the permission granted under section 56 to a passenger or crew member and their baggage to leave a biosecurity point of entry; "biosecurity entry inspection" means an inspe~tion of an incoming article or consignment of artIcles pursuant to section 75; "biosecurity export clearance" mearts the permission granted under section 122 for the export of an article or consignment; "biosecurityexport inspection" means inspection of an outgoing article pursuant to section 119; ~'biosecurity export requirements" means requirements specified under section 121 ; "biosecurity goods holding area" means an area of lan~ at or adjacent to a. seaport or airport, ~eslgn~ted un~er se~tion 63 for the biosecurity mspe~tlOn of mcommg or outgoing articles and contamers; . "biosecurity holding area" means a temporary or p~rmane~t biosecurity port holding area, a blOsecunty goods holding area or a biosecurity postal holding area; "biosecurity import clearance" means the permission granted under section 77 for the removal of a regulated article or consignment from a.biosecurity holding area; "biosecurity import clearance inspection" means the inspection of an incoming article pursuant to section 76; 257 258 Supplement to Official Gazette [28th April 2014] "biosecurity import conditions" in relation to an regulated article means (a) the requirement for and conditions attached to a biosecurity import permit for the regulated article under section 70(1 )(a); (b) the requirements for the issue of any sanitary or phytosanitary certificate relating to the regulated article under section 70(1)(b); (c) any other biosecurity measures specified under section 70(1)( c); "biosecurity import permit" means a biosecurity import permit issued under section 69; "biosecurity inspection" means an inspection to ascertain whether the incoming or outgoing conveyance, article or consignment presents a biosecurity risk to Seychelles or an importing country and whether in other respects it conforms to the requirements of this Act; "biosecurity landing clearance" means clearance for a vessel or aircraft to land or unload cargo, crew members or passengers under section 46; "biosecurity measure" means· the inspection, detention, quarantine, testing, treatment, re­ consignment or destruction of a regulated article for import purposes and inspection, treatment, testing, certification of a regulated article in conformity with import requirements of an importing country for export purposes to eliminate or reduce the biosecurity threat presented by the regulated article; [28th April 2014] Supplement to Official Gazette "biosecurity officer" means ( a) the Chief Plant Protection Officer; (b) the Chief Veterinary Officer; (c) any person designated as a biosecurity officenmder section 26; (d) in respect of any particular function, a biosecurity officer to whom the function has been assigned; "?iosecurity point of departure" means a seaport, aIrport or mail exchange designated under section 59 for the export of regulated articles; "biosecurity point of entry" means a seaport, airport or mail exchange designated under section 59 for the import of regulated articles or a place deemed to be a biosecurity point of entry under section 60(4); "biosecurity port holding. area" means an area designated under section 62 for the biosecurity inspection of incoming vessels or aircraft; "biosecurity port quarantine" means quarantine of a vessel or aircraft under section 47 in a biosecurity port quarantine area; "biosecurity port quarantine·area" means an area designated under section 42 for the quarantine of vessels and aircraft; "biosecurity port quarantine clearance" means permission granted under section 51 for a vessel or aircraft to land or unload passengers and cargo after being in biosecurity port quarantine; 259 2'60 Supplement to Official Gazette [28th April 2014] "biosecurity postal holding area" means an area or a mail exchange designated under section 64 for the biosecurity inspection of incoming or outgoing postal items; "biosecurity quarantine" means confinement in isolation of a regulated at:tic1e and any conveyance, container or packaging in which the regulated article is carried, for insp~ct~on, testing or treatment, in order to prevent or hmit the entry, introduction, establishment or spread of a regulated pest or disease; "biosecurity quarantine station" means a facility under the control of the Director and designated under section 80 for the performance of biosecurity quarantine, and includes a temporary biosecurity quarantine station; "biosecurity register" means the register kept by the Director under section 23; "biosecurity risk" means the likelihood of the introduction, establishment or spread of a pest or disease which would adversely affect animals, plants, human beings, the environment or the economy; "biosecurity risk assessment" in relation to a regulated article mean,s evaluation of the biose~urity risk posed by the article; "biosecurity threat" means the threat of harm being caused or adverse effects resulting to animals, plants, human beings, the environment or, the economy as a result of the introductIOn, establishment or spread of a regulated pest or disease; [28th April 2014] Supplement to Official Gazetie "captain", in relation to an aircraft, means the person for the time being in command of the aircraft; "Chief Plant Protection Officer" means a person appointed as such under section 25(1 )( a); "Chief Veterinary Officer" means a person . appointed as such under section 25(1)(b); "compliance agreement" means an agreement provided for in section 7; "consignment" means a quantity of goods which arrive in the same vessel or aircraft and which in accordance with this Act can be covered by a single import permit or sanitary or phytosanitary certificate; "container" means anything in or by which goods are encased, covered, enclosed or packed, including any material in contact with the goods; "contamination" means the presence in any item of a pest, not constituting an infestation; "conveyance" means a vessel, aircraft, vehicle or other means of transportation by which people, goods, plants or animals are moved from one location to another; "country of origin" means the country that issues a sanitary or· phytosanitary certificate for a regulated article or consignment that is being imported or exported and ~cludes are-exporting country; "custodian", in respect of an item, means the occupier of a place or the person in possession and 261 262 Supplement to Official Gazette [28th April 2014] charge of the item, whether lawfully or not, but does not include a person who has possession or control of the item only for the purpose of taking biosecurity measures in respect of it; "Director" means the Director of Biosecurity appointed under section 18; "disease" means any unhealthy condition in an animal or plant which is known or suspected to be caused by an organism, a species, strain or biotype of a plant, animal, microbe or pathogenic agent and includes a disease transmissibl<;:: from animals and humans and a disease capable of harming the environment; "document" means any mode of communicating information in a retrievable form, including electronically; "environment" includes (a) the ecosystem and its constituent parts, including people and communities; (b) all natural and physical resources; (c) the qualities and characteristics of locations. places and areas; "eradication" in relation to a pest or disease, means the application of measures to eliminate the pest or disease from an area; "establishment", in relation to a pest or disease. means the perpetuation in an area, of the pest or disease, for the foreseeable future after its entry into the area; [28th April 2014] Supplement to Official Gazette "export" means to take or send goods out of Seychelles; "exporter" means a person who exports or seeks to export goods, other than as the master ofthe vessel or captain of the aircraft in which the goods &re carried and includes a biosecurity clearance agent; "fittings" means any stall, box, cage, enclosure, pen, net or other material used for penning, yarding, confining or containing any animal and includes any harness, saddlery, rope, bucket, trough, bedding, utensil or implement used in the handling or keeping of animals or animal products; "fodder" means any hay, water, meat, vegetables, grain or material used for the food or litter of animals, or the storage of animal products; "garbage" means waste material derived in whole or in part from any plant, fruit, vegetable, meat or other plant or animal material, or other refuse of any kind that has been associated with any plant, fruit, vegetable, meat or other plant or animal material; "genetjc material" means any material of plant, animal, microbial or other origin containing functiona~units of heredity; "goods" means any kind of moveable property; "host" Illeans any animal, plant ; human, animal product, plant product or any organism that harbours a pest or disease; "host material" means any packing material, container, fittings, litter, manure, fodder or similar - 263 264 Supplement to Official Gazette [28th April 2014] goods that might have had contact with animals, animal products, plants or plant products; . "import" means to bring goods, or cause goods to be brought, into Seychelles; "importer" means a person who imports or seeks to import goods, other than as the master of a vessel or captain of the aircraft in which the goods are carried and includes a biosecurity clearance agent; "importing country" means a country .which.is the intended destination of a regulated artIcle bemg or proposed to be exported and excludes a transit country; "infected" in relation to an animal or plant, means , . the animal or plant which is diseased or might have been exposed to the risk of infection during the preceding 6 months; "infested", means an item or area where a living pest or disease is present; "inspect", in relation to an item, means an official examination of the item to determine if any pest or disease is present in the item and whether in other respects the ,item conforms to the requirements of this Act; "in transit" means the stage where the goods are , , not imported into an area but pass through It to another area whether by the same or another , , conveyance, during which time they rem~m enclosed, are not split uP,. are not combined ~Ith other goods, and do not have their packagmg cpanged; [28th April 2014] Supplement to Official Gazette "introduction", in relation to a pest or disease, means the entry ofthe pest or disease into an area, resulting in its establishment in the area; . "invasive alien species" means a species, subspecies or lower taxon, including any part, gametes, seeds, eggs, or propagules of such species that might survive and subsequently reproduce, whose introduction and/or spread outside its natural past or present distribution threaten biological diversity. "item" means any kind of moveable or immoveable property and includes premises; "living organism" means any organism capable of transferring . or replicating genetic material, including sterile organisms, viruses, viroids, plasmids, bacteriophages and prions; "master", in relation to a vessel, means th~ person for the time being in charge of the vessel, not being the pilot; "microbe" means any organism or biotic entity of microscopic proportions, whether unicellular, multicellular or sub-cellular in common form; "Minister" means the Minister responsible for matters relating to biosecurity and "Ministry" is construed accordingly; . "National Biosecurity Committee" means the committee established under section 16; "notifiable pest or disease" means a pest or disease declared under section 21 .. 265 266 Supplement to Official Gazette [28th April 2014] "occupier" in relation to any land or building, means the person in actual occupation thereof or, if there is no such person, the owner of such land or building; "official control" in relation to a pest or disease, means that its presence is known, its distribution is limited and its further spread is controlled by the exercise of powers under this Act; "owner" in relation to any land let for rent, means the person who is receiving the rent of the land whether on his or her own account or as agent or representative for any other person, or who would so receive the rent; "organism" means a biotic entity other than a human, capable of reproduction or replication; "packaging" means any material and includes fabric, paper, cardboard, plastic, wood, palette, straw,grass or leaves used for supporting, protecting and carrying a regulated article; "pest" means any species, strain or biotype of a plant, anirilal, microbe or pathogenic agent, alien invasive species or any organism, which (a) causes disease; or (b) is detrimental to or capable of harming or adversely affecting animals or animal products, plants or plant products, human beings or the environment; "pest or disease risk analysis" means the process of evaluating biological or other scientific and economic evidence to determine whether a pest or disease should be regulated and the nature and [28th April 2014] Supplement to Official Gazette strength of any biosecurity measures to be taken against it; "phytosanitary certificate" meanS (a) a certificate issued by the biosecurity authority of the country of origin or re­ exporting country from which a plant or plant produce originates or is re-exported, . certifying that the plant or plant product is substantially free from plant pests and diseases and in other respects meets the import requirements of the· importing country; and (b) where Seychelles is the country of origin or re-exporting country, a certificate issued under section 120; "plant" means living plants and parts thereof and includes seeds and germplasm; "plant material" means any unprocessed material of plant origin, including grain; "plant product" means (a) plant material; (b) timber; or (c) any product manufactured wholly or partly from one or more plants; "precautionary principle" means the principle that it is not unreasonable to refuse permission for an activity that has great potential negative impact, even if there is insufficient scientific data to support a refusal; 267 268 Supplement to Official Gazette [28th April 2014] "premises" means any immoveable property, other than land; ~'prescribed" means prescribed by. regulations made under the Act; "quarantine pest or disease" means a pest or disease of potential national economic importance to Seychelles which ( a) is not yet present in Seychelles; (b) is present in Seychelles but not widely distributed; or ( c) is established in Seychelles but under official control; "reconsigti", in relation to a regulated article or consignment of regulated articles which has been refused biosecurity import clearance, means to send the regulated article or consignment out of Seychelles, either by the vessel· or aircraft on which it was imported or by another vessel or aircraft in accordance with section 38; "re-exporting country", in relation any goods, means a country which is not the country of origin qf the goods, but the country where a container or consignment of goods is opened and re-packed for export; "regulated article" means (a) any animal or animal product; (b) any plant or plant product; (c) any living organism, whether modified or not; [28th April 2014] Supplement to Official Gazette (d) soil, sand, gravel and aggregate; (e) any genetic material; (f) human remains; (g) any host material; (h) a regulated pest or disease; (i) any clothing, machinery or other article that contams or adhere to anything mehtioned in paragraph (a), (b), (c) or (d); CD garbage; (k) any invasive alien species; (1) any other article, goods, substance, product or thing prescribed UDder section 19; "regulated pest or disease" means a pest or disease (a) the importation into Seychelles of which is prohibited or restricted· by the regulations issued under section 20; (b) which is a quarantine pest or disease; "sanitary certificate" mea;ns.~ (a) an animal health certificate issued by the agency responsible for. biosecurity matters or veterinary service-of the country of origin or re-exporting country from which an animal or animal product originates or is re­ exported, certifying that the animal or animal product is substantially free from I 269 270 §upplement to Official Gazette [28th April 2014] animal pests and diseases and in other respects meets the animal health import requirements of the importing country and complies with relevant requirements of the e~portingcountry;and (b) where Seychelles is the country of origin or re-exporting country, a· certificate issued undetsection 120; "ship's stores" means any food or other regulated articles carried on a· vessel or aircraft for consumption or use on the vessel or aircraft; "soil" means any medium which is capable of supporting plant life or of harbouring or transmitting pests and diseases and includes earth, compost, clay, peat moss or any artificial growth media; "spread", in relation to a pest or disease, means the expansion of the geographical. distribution of the pest or disease within an area; "status", in relation to a pest or disease, means its presence, absence, prevalence; incidence, distribution and occurrence in an area; "surveillance" means the official process by which data is collected on the occurrence or absence of a pest or disease by survey, monitoring and other procedures; "test" means an examination which goes beyond a visual inspection, to determine if a pest or disease is or is likely to be present, or to identify a pest or disease, and includes chemical tests of plant material and diagnostic tests in respect of an animal; [28th April 2014] Supplement to Official Gazette 3.(1) (2) "timber" includes round wood, sawn wood, wood chips and dunnage, with or without bark; "treatment" means an officially authorised procedure for the killing, removal, modification or rendering infertile or non-viable of a pest or disease by way of cleansing, fumigation, inoculation, disinfection, disinfestation, decontamination, or otherwise; ''vehicle'' includes a bicycle (whether motorised or not), a cart and any other wheeled conveyance; "vessel" includes a ship, hovercraft, boat, ferry, raft, yacht, canoe or pontoon that is used as a conveyance in or on water, whether or not it is self­ propelled. This Act applies to (a) every person in Seychelles, irrespective ofthe person's nationality or citizenship; (b) all conveyances, containers and goods while they are in Seychelles, including vessels and aircraft owned or operated by the government of a foreign State; and (c) persons, conveyances, containers and goods outside Seychelles to the extent needed for its effective enforcement. This Act binds the Republic. PART II - AGENCY RESPONSmLE FOR BIOSECURITY, NATIONAL BIOSECURITY COMMITTEE, QIRECTOR­ FUNCTIONS, DUTIES AND RESPONSmILITIES 4.( 1 ) The President may, by order published in the Gazette, designate a statutory or· governmental body, authority or agency to be the agency responsible for biosecurity. 271 Application of Act Designation and responsibility of agency responsible f' ........ h;A,.. ......... ~''"r.· 272 Functions of Agency Supplement to Official Gazette [28th April 2014] (2) The Agency shall be responsible for the implementation and enforcement ofthis Act. 5.( 1) The functions ofthe Agency shall be (a) to regulate the entry into Seychelles of regulated pests . and diseases affecting animals, plants, human beings and the environment; (b) to carry out surveillance of pests and diseases and assess the status of regulated pests and diseases in Seychelles; (c) to prevent the establishment and, spread of regulated pests and diseases and the release of organisms that might adversely affect ,animals, plants, human beings and the environment in Seychelles; (d) to eradicate, contain or control, the movement of regulated pests and diseases that are already present in Seychelles; (e) to prevent the introduction and spre~d of regulated pests and diseases not already present in Seychelles; (f) to facilitate the safe importation of animals, animal products, plants and plant products and other regulated articles; (g) to facilitate the export of animals, animal products, plants and plant products, in accordance with the biosecurity requirements of the importing country; (h) to facilitate international cooperation for the prevention ofthe spread of pests and diseases affecting animals, plants, human beings and the environment; [28th April 20 14] . Supplement to Official Gazette (i) to participate on the Sanitary and Phytosanitary Committee, . Technical Barriers to Trade Committee as well as other national and international standard setting bodies; and (j)' to perform any other functions as directed by the Minister. (2) The Minister may give written directions to the Agency concerning administrative action needed to implement this Act and to achieve the functions of the Agency under this Act. 6.(1) The Agency shall (a) in consultation with other relevant government Ministries, departments, agencies or authorities, and statutory bodies and the National Disaster Committee, devise a Biosecurity Emergency Response Plan to deal with any incursion of a regulated pest or disease in Seychelles and keep the plan under review; (b) frame an operations manual for the.guidance .ofbiosecurity officers; (c) 'publicise the requirements of this Act and increase public awareness of the importance ofbiosecurity. (2) The -Biosecurity Emergency Response Plan referred to in subsection (1)( a) shall (a) contain the. budgetary requirements needed for the effective implementation ofthe plan; and (b) identify the manner in which such requirements are to be funded. 273 Biosecurity Emergency Response Plan, operational manual etc. 274 Compliance agreements Power to conclude agreements with owners or administrators of islands etc. Supplement to Official Gazette [28thApri12014] 7.(1) The Agency may enter into a written compliance agreement with any person including an importer, exporter or producer in connection with (a) the application of particular biosecurity measures in respect of an item; (b) the way in which any requirement under this Act can be satisfied by the person; and (c) the supervision, monitoring and testing of the person's compliance with those measures or that requirement. (2) A compliance agreement may provide that, in circumstances stated in the agreement, including the failure of a party to the agreement· to comply with specified measur~s or meet specified requirements, the Agency may, by wntten notice, cancel or vary the agreement or suspend its operation for a specified period. ' (3) A biosecurity officer may release an article to which a compliance agreement applies, and if it is a regulated article, grant biosecurity clearance in respect of it, on the basis of a written certificate, given by a person authorised under the agreement to issue such a certificate, certifying that all the measures have been complied with in respect of the regulated article. ~. (1) The Agency may enter into an agreement with the owner or other person in charge of the administration of an island or an area protected under any written law for conservation or environmental protection purposes, permitting that owner or other person to, in relation to that island or area (a) carry out surveillance of pests and diseases for the purposes ofthis Act; (b) propose pest and disease management strategies to the Agency; [28th April 2014] Supplement to Official Gazette (c) if a pest and disease management strategy proposed by the owner or administrator'ofthe island has been approved by the Agency (i) perform the functions of the Agency under the strategy; (ii) provide for the management or eradication of pests and diseases in accordance with the strategy; and (iii) with the approval of the Agency, review,extendor revoke the strategy; (d) advise the Agency on the need for and the nature of, appropriate controls in a biosecurity controlled area; (e) assist the Agency in making an appropriate response to a biosecurity emergency; and (f) generally, assist the Agency in any action needed under Part VnI in respect of the island or area. (2) A person with whom the Agency has entered into an agreement under subsection (1) may" gather. information, keep records, undertake research, and do any other thing approved by the Agency, that the person considers necessary or desirable to enable it to act effectively under this Act. (3) The Agency may, for the effective implementation of this Act, enter into memoranda of understanding or other agreements with (a) government ministries, departments, agencies and authorities; (b) statutory bodies and authorities; ,and (c) private organisations,. in Seychelles. 275 1 276 Outsourcing Biosecurity approved premises Supplement to Official Gazette [28th April 2014] 9.(1) The Agency may (a) use the services of laboratories approved for the purpose of testing samples; (b) hire consultants to perform biosecurity risk assessments and to carry out surveys authorised under this Act; (c) hire any person to carry out any treatment or provide any other service necessary for the effective implementation ofthisAct. (2) Outsourcing under subsection (1) shall not confer on any person the powers of a biosecurity officer. (3) The Minister may prescribe the procedure for approval of laboratories for testing of samples, qualification of consultants to perform biosecuriy risk assessment and surveys, hiring of qualified persons to carry out any treatment or other services under the Act. 10.( I) The Director, on a written application by the owner or occupier of any premises and on payment of the prescribed fee, may in writing (a) approve the premises where the inspection, testing and treatment of regulated articles can take place; and (b) approve specified action taken under this Act in relation to all regulated articles, or specified regulated articles, while they are in the approved premises. (2) Before an approval is granted under subsection (1) (a) the premises shall be inspected by a biosecurity officer; and [28thApril 2014] Supplement to Official Gazette (b) the Director shall take into,account (i) whether the specified action can be taken in the premises without an unacceptable biosecurity risk and without contravening this Act or the conditions of any permit; (ii) whether the premises and facilities therein are adequate to enable to take such action efficiently and safely; (iii) whether the location of the premises is appropriate having regard to the nature of the regulated articles,. the specified action and the level ofbiosecurity risk; (iv) whether the premises are located in a place where biosecurity officers can conveniently check: the compliance of this Act in the premises; and (v) any other matter the Director considers relevant. (3) An approval granted under this section (a) may be subject to conditions stated in the approval and is of no effect if the conditions are not met; (b) may be for a period Il!Ot exceeding 12 months but may be renewed by following the procedure for approval under subsections (I) and (2); (c) may be cancelled if the Director is satisfied (i) that the premises or facilities or action taken do not comply with this Act; or 1 277 278 Supplement to Official Gazette [28th April 2014] (ii) that the premises are otherwise no longer suitable for approval. International 11.(1) The Minister may facilitate the conclusion of cooperation bilateral or multilateral agreements between the Seychelles and other countries and international organisations for effective international control in biosecurity matters. (2) Pursuant to agreements concluded under subsection (1), the Agency (a) may exchange information with other countries and international organisations; (b ) may contribute to the development of international sanitary and phytosanitary standards; and (c) shall ensure that Seychelles complies with its obligations under these agreements. Funds of the 12.(1) The Agency shall have separate funds for the Agency purpose of this Act, which shall be administered in the same manner and in accordance with the same procedure applicable to funds of the public service from which all payments by the Agency shall be made. (2) The funds of the Agency for the purpose of this Act shall consist of (a) money appropriated by the National Assembly for the use oLthe Agency in respect of its functions under this Act; (b) money paid to the Agency for services rendered to any person under this Act; (c) money obtained from the disposal, lease or hire of, or other dealing with, any property [28th April 2014] Supplement to Official Gazette vested in or acquired by the Agency. in respect of its functions under this Act; (d) money paid to the Agency by way of gra~ts or donations for the performance of Its functions under this Act; and (e) all other money lawfully received by the Agency for the performance of its functions under this Act; (3) TheMinistermay (a) establish a Contingencies Fund and may authorise payment from that Fund to the Agency where (i) there is an incursion of a regulated pest or disease into Seychelles which may threaten the livelihood and environment of the country or any part of it; and (ii) a response is immediately required, whether by way of the declaration of a biosecurity emergency area or otherwise. (4) Any fine payable under this Act shall be paid into the Consolidated Fund. 13.( 1) The Agency shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in the form and in the manner approved by the Auditor General. (2) The accounts of the Agency shan be audited by the Auditor General in -accordance with Article 158 of the Constitution. 279 Annual financial statement 280 Statement of accounts Annual Report Establishment and constitution of National Biosecurity Committee Supplement to Official Gazette [28th April 2014] (3) The Agency shall prepare, in each financial year an annual financial statement for the next financial year showing separately (a)' the expenditure which is proposed to be met from the internal sources for the Agency; and (b) the sum required from the Government to meet other expenses distinguishing revenue expenditure from other expenditure. 14. Where the accounts and statement of accounts of . the Agency in respect of any fmancial year have been audited, the Agency shall furnish to the Minister a statement of accounts or on the accounts ofthe Agency. 15. The Agency shall prepare once every calendar year in such form and within such time as may be prescribed, an annual report giving account of its activities during the previous year and forward copies together with the audited statement of accounts to the Minister and the Minister shall cause the report to be tabled before the National Assembly. 16.(1) There is established the National Biosecurity Cotnmittee. (2) The National Biosecurity Committe¥ shall consist of (a) a representative of the Ministry of Foreign Affairs; (b) a representative of the Ministry responsible for natural resources; (c) a representative of the agency responsible for Agriculture; [28th April 2014] Supplement to Official Gazette (d) a representative of the Ministry responsible for International trade and investment; (e) a representative of the authority responsible for customs; (f) a representative of the authority responsible for civil aviation; (g) a representative of the authority responsible for sea ports; (h) a representative of the authority responsible for fisheries; (i) a representative ofthe authority responsible for national parks; 0) a representative of the authority responsible fortourism; (k) a representative from Seychelles Bureau of Standards; (1) a representative ofthe authority responsible for outer isl~nds; (m) a representative from the Seychelles Island Foundation; . (n) a representative ofthe authority responsible for public health; (0) a representative of the organisation responsible for plant and animal biosecurity; (P) a representative of. the Department of Environment; 281 282 Functions of National Biosecurity Committee Director of biosecurity Supplement to Official Gazette [28th April 2014] (q) a representative of an organisation representing the interests of faimers in Seychelles; and (r) a representative ofthe civil society. (3) The members of the National Biosecurity Committee shall have the technical competence relevant to the functions ofthe Committee. (4) . The President shall appoint the members of the National Biosecurity Committee for such period and on such conditions as the President considers appropriate and every such appointment shall be published in the Gazette. (5) The National Biosecurity Committee shall regulate its own proceedings. 17.(1) The National Biosecurity Committee shall advise and provide guidance to the Agency and the Director on policy and technical matters. (2) . The National Biosecurity Committee may, if necessary, obtain appropriate scientific advice from the technically competent persons before advising the Agency or the Director. 18.(1) The President may appoint a person who is suitably qualified and experienced to be Director of Biosecurity and sucl1 appointment shall be published in the Gazette. (2) The Director shall be the head of the Agency for the purposes of this Act. (3) . The President inay appoint a suitably qualified public officer to act in the office of the Director, during ( a) the vacancy in that office; or [28th April 2014] Supplement to Official Gazette (b) any period in which the person holding that office is unable to perform the functions of that office. (4) The Director may, in writing delegate any of Director's functions under this Act except the power of review und~r section 133(1) to the Chief Veterinary Officer, Chief Plant Protection Officer or a named Biosecurity Officer. (5) The Director shall (a) perform the functions assigned to the Director by this Act; (b) liaise with appropriate government ministries, departments,' agencies or authorities, and statutory bodies or authorities on such matters; (c) report to the Minister as required by him or her; (d) ensure, with approval of the Minister, that Seychelles is represented internationally in respect of matters relating to biosecurity; and ' (e) perform any other functions relating to this Act, that the Minister in writing, confers on the Director. (6) The Minister may call for reports from the Director On any matter pertaining to his or her functions under this Act. 19. The Minister may make regulations declaring any article, goods, substance, product or thing, to be a regulated article for the purposes of this Act. 283 Declaration of regulated articles ~." .......................................................... ... ,- . 284 Regulated pests and diseases Notifiable pests and diseases Supplement to Official Gazette [28th April 2014] 20.(1) The Minister may make regulations declaring regulated pests or diseases (a) the importation of which is prohibited; (b) . the importation of which is pennitted subject to biosecurity import conditions specified under section 70; and (c) which are quarantine pests or diseases. (2) Before making regulations under this section, ~he Minister shall obtain a pest or disease analysis report and the advice of the Agency, Chief Veterinary Officer or Chief Plant Protection Officer as appropriate and may obtain the advice of the National Biosecurity Committee. (3) Apersonwho (a) imports or attempts to import a pest or disease which is prohibited; . (b) imports or attempts to import a pest or . disease the importation of which is permitted subject to conditions in breach of such conditions; (c) knowingly propagates a regulated pest or disease including alien invasive species, commits an offence. 21.(1) The Minister may make regulations declaring the pests and diseases that are notifiable for the purposes ofthis Act and the manner of notifying such pests and diseases. (2) Before making regulations under this section, the Minister shall obtain the advice of the Agency, Chief Veterinary Officer or Chief Plant Protection Officer as [28th April 2014] Supplement to Official Gazette appropriate and may obtain the advice of the National Biosecurity Committee. (3) A person who knows of or suspects the occurrence of ' a notifiable pest or disease in Seychelles shall, as soon as reasonably practicable, notify the Director of such occurrence, unless the person reasonably believes that the Director has already been notified of the occurrence. (4) A person who fails to comply with subsection (3) commits an offence. (5) The master of a vessel or captain of an aircraft in , Seychelles who knows of or suspects the occurrence of a notifiable pest or disease on board the vessel or aircraft shall (a) as soon as reasonably practicable notify the Director, of such occurrence; and (b) take such action in relation to the vessel or aircraft as is directed by the Director or a biosecurity officer . (6) A master or captain who fails to comply with subsection (5)(a) or (b) commits an offence. (7) The Director shall record in the biosecurity , register all occurrences of notifiable pests and diseases that are notified under this section or that otherwise come to the notice ofthe Director. 22.(1) The Agency may, on the advice of the National Biosecurity Committee, at any time issue a notice (a) stating that a particular pest or disease is known to exist in Seychelles; (b) stating that to the best of its knowledge, a particular pest or disease does not exist in Seychelles; 285 Notification of pest and diseases and tbeir classifications 286 Biosecurity register and records Supplement to Official Gazette [28th April 2014] (c) specifying the classification, name or identity by which any animal, animal product, plant product, pest or disease is known in Seychelles. (2) A notice issued under subsection (1), unless revoke~, is a~issible in any court or other proceedings as conclUSIve eVIdence ofthematters stated in it. (3) A notice under subsection (I) shall be published in the Gazette. 23.( 1) The Agency shall maintain (a) a biosecurity register which may be in the form of separate registers or databa~es; and (b) other records, required for the administration of this Act and the performance of the functions of the Agency under this Act. (2) Without limiting the matters to be recorded in the biosecurity register, details as specified in regulations made under section 137, the following shall be included in the register ( a) regulated pests and diseases; (b) regulated articles the importation of which is prohibited under section 58(3)(a); (c) biosecurity points of entry and departure; (d) biosecurity holding areas; (e) biosecurity clearance agents; (f) biosecurity port quarantine areas; [28th April 2014] Supplement to Official Gazette (g) biosecurity quarantine stations; (h) biosecurity approved premises; (i) biosecurity import permits issued, refused or revoked under ~art VI; (j) exemptions granted under section 74; (k) biosecurity controlled areas declared under section 104; (1) occurrences of notifiable pests and diseases declared under section 21; (m) beneficial organisms released under section 107; (n) memoranda of understanding and other agreements entered into between the Agency and government ministries, departments and agencies, statutory bodies and authorities, and private organisations under section 8(3); (0) compliance agreements entered into by the Agency under seGtion-7; (P) bilateral agreements entered into with potential importing countries under section 11; (3) The biosecurityregister shall include details of (a) biosecurity import conditions and biosecurity export requirements for regulated articles specified uhder sections 70 and 121 respectively, including the biosecurity measures appropriate to each type of regulated article; (b) any form or other matter specified by the Agency under this Act. 287 288 Status of biosecurity register and records Supplement to Official Gazette [28th April 2014] (4) In respect of the biosecurity requirements of importing countries, the biosecurity register shall include details of ( a) the requirements ofthose countries for which biosecurity export clearance has been granted in the past 12 months; (b) source material for ascertaining the biosecurity requirements of all potential importing countries. (5) The Agency shall maintain records relating to its functions under this Act including, but not limited to-' (a) financial and resource management records, with budgets and records of expenditure and revenue; (b) personnel records including the identities, job description and terms and conditions of employment of all biosecurity officers; and (c) operational statistics relating to the biosecurity functions of the Agency. 24.(1) The biosecurity register kept pursuant to section 23(1) shall be made available for inspection and copying by members of the public during office hours on payment of the prescribed fee. (2) Subject to any other Act, the biosecurity register and other records k~pt under section 23 shall only be used for the purposes of this Act. (3) A copy of an entry in the biosecurity register which is certified by the Director to be an accurate copy may be produced in court as prima facie evidence ofthe entry. [28th April 2014] Supplement to Official Gazette (4) The biosecurity register and other records kept under section 23 may be in electronic format, provided the information is readily retrievable and is protected against unintended loss and unauthorised alteration. (5) The Agency, on the advice of the Director, may, by order,' determine the period for which entries in the biosecurity register and other records under section 23 shall be kept, consistent with any other written law relating to public records. 25.( 1) The Minister may appoint (a) a person who is technically competent in the field of plant· health, as Chief Plant Protection Officer; (b) a person who is techniCally competent in the field of animal health, as Chief Veterinary Officer, and every such appointment shall be published in the Gazette. (2) The Chief Plant Protection Officer and Chief Veterinary Officer shall (a) perform the functions assigned to them by this Act and by the Agency; (b) perform duties of a technical nature in their respective fields of competence; and (c) advise the Agency, National Biosecurity Committee, the Director and any other person as required by this Act on matters of a technical nature in their respective fields of competence. 289 Chief Plant Protection Officer and Chief Veterinary Officer 290 Designation of biosecuritY officers Functions of biosecurity officers Identification of biosecurity officers Supplement to Official Gazette [28th April 2014] Part III - BIOSECURITY OFFICERS, POWERS, FUNCTIONS 26.(1) The Minister may in writing, designate one or more suitably qualified public officers or employees of the Agericy to be biosecurity officers for the purposes of this Act. (2) The Minister may,in writing, designate one or more suitably qualified public officers to be biosecurity officers for a particular purpose or at a particular location. (3) The Minister may, in writing, designate one or more public officers or other suitably qualified persons to be temporary biosecurity officers for a period not exceeding 6 months for a particular purpose or at a particular location. (4) Where a public officer from a Ministry other than the Ministry for which the Minister is responsible is designated to be a biosecurity officer, the Minister shall consult the relevant Ministry. 27.( 1) A biosecurity officer shall perform such functions, not inconsistent with this Act, as are assigned to the officer by the Agency. (2) The Agency may limit the functions to be performed by the biosecurity officer to those within the officer's technical sphere of competence. (3) The Agency may give written directions to biosecurity officers as to the manner in which the functions of such officers are to be performed, consistent with this Act. 28.(1) The Director shall provide with every biosecurity officer a suitable form of identification as such officer. (2) Where the designation of a person as a biosecurity officer is terminated, that person shall immediately surrender th~ identification to the Director. [28thApri12014] Supplement to Official Gazette (3) Aperson who (a) (b) contravenes subsection (2); or forges or without the written authority of the Director, alters a form of identification, commits an offence. 29. The Agency shall ensure that a person who is to di~charge the duties ora biosecurity officer i~ given ade.q~ate training in biosecurity control measur~s and III the prOViSions ofthisAct before discharging those dutles. 30.(1) The powers of a biosecurity officer shall be as conferred by or under this Act. (2) The powers conferred by this Act on biosec.~ty officers shall be exercised only for the purpose of ascertallllllg the existence of a biosecurity risk and eliminating the risk or reducing it to an acceptable ext~nt. (3) A biosecurity officer may use only such for~e as is reasonably necessary when exercising a J?ower un?er thlS Act, and if-necessary, the officer may obtain the asslstance ~f a police officer to effect an arrest or to enter land, premlses, building or area. (4) Where a power to enter and search any l~nd, premises, building or area, to search a co~vey~ce or ~ontalller or to inspect or test any regulated article is exercised, t~e biosecurity officer, may request the assistance of the person III control of the land, premises, building, area, conveyance, container or regulated article. (5) Except as otherwise provided in this ~ct, a biosecurity officer may exercise a power under thiS Act without a warrant or other order of a magistrate, provided the action is taken in good faith for the purposes of this Act. 11111&. 291 Training of biosecurity officers Powers of biosecurity officers and exercise of powers 1 292 18th April 1961 24th April 1963 Supplement to Official Gazette [28tb,Apri12014] (6) A biosecurity officer exercising powers under this Act shall produce his or her identification as a biosecurity officer, upon request by the person in charge of the land, premises, building, area, conveyance, container, item or regulated article or the importer, exporter, owner or custodian of the regulated article, in'respect of which the power is being exercised. (7) Where a biosecurity officer exercising a power in a situation that involves an activity governed by any other written law including shipping, civil aviation, human health or the environment, the biosecurity officer shall, if practicable, consult the person or authority responsible for that activity under that law. '(8) The powers conferred on biosecurity officers by this Act 5hall be exercised in accordance with (a) any regulations made by the Minister under this Act in respect ofthose powers; (b) any biosecurity import conditions or biosecurity export requirements in respect of regulated articles; (c) any written directions of the Agency given under section 27(3); and (d) the provisions of (iJ the Vienna Convention on Diplomatic Relations relating to the premises of a diplomatic mission; diplomatic bags and the personal baggage of diplomatic agents; (iiJ the Vienna Convention on Consular Relations relating to consular premises, archives and documents. [28th April 2014] Supplement to Official Gazette 31.(1) A biosecurity officer may (a) search an incoming vessel or aircraft at a biosecurity port holding area to ascertain whether the vessel or aircraft has, on board, any regulated article that might pose a biosecurity threat to Seychelles; (b) search an outgoing vessel or aircraft, if the officer has reason to believe that there is, on board, any regulated article that requires export clearance and that has not received such clearance; , (c) at any time, enter and search any premises, building or area, including a biosecurity holding area, biosecurity quarantine station or biosecurity approved premises and land including land adjacent to a dwelling house, but not a dwelling house, in order to ascertain the presence of regulated articles that have not received biosecurity import clearance; (d) at any time with the consent of the owner, enter and search a dwelling house for the purposes of this Act; {e) at any time, on a warrant issued under subsection (2), enter and search a dwelling house for any regulated article that has not . received biosecurity, import clearance, that the officer reasonably suspects to be in the house. (2) Where a Magistrate is satisfied on affidavit sworn . by a biosecurity officer that (a) there may be in a dwelling house, a regulated article that has not received biosecurity import clearance; and 293 . Power of entry, search and seizure in relation to regulated articles 294 Supplement to Official Gazette [28th April 2014] (b) the consent of the owner or occupier to enter and search the dwelling house cannot be obtained, the Magistrate may issue a warrant authorising the officer to enter and search the dwelling house for such regulated article. (3) A biosecurity officer may at any time enter and search any store, warehouse, silo, pen or similar premises, or any conveyance, in which regulated articles intended for importation to or exportation from Seychelles are kept. (4) A person who keeps regulated articles in or on any premises, or in a conveyance, prior to importation or exportation of such regulated articles shall, upon request, make the premises or conveyance available for inspe'ction by a biosecurity officer at any reasonable time. (5) A person who fails or refuses to make any premises or conveyance available for inspection to a biosecurity officer in contravention of subsection (4) commits an offence. (6) During a search of premises or a conveyance under this section, a biosecurity officer may seize (a) any regulated article that has not received biosecurity import clearance; or (b) anything which may be used as evidence of the commission of an offence under this Act. (7) A biosecurity officer who seizes anything from a person under subsection (6) shall ( a) give to the person a notice of seizure in a form approved by the Agency containing a description of the thing seized and informing the person of the reason for the seizure; and [28th April 2014) Supplement to OffiCial Gazette (b) move the thing seized to a biosecurity quarantine station and deal with it in accordance with this Act. (8) A biosecurity officer m~y,. at t~e expense of the importer, submit to appropriate b~osec~ty measures any regulated article seized pursuant to thIS sectIOn. 32.(1) Abiosecurityofficermay (a) call for and inspect any document in an incoming or outgoing vessels and air~raft 'as . provid~d in sections 46 and 54 respectIVely; (b) open and inspect, at a biosecurity. poin\ of entry, any incoming doc~ent, mcludmg . mail, in order to ascertam whether. the document contains or relates to a regulated (c) 'article; open and inspect at a biosecurity. point .of departure any outgoing document, mcludmg mail, if the officer -reasonably suspects that the document contains or relates to (i) a regulated article that re.quires biosecurity export clearance WhICh has , not received such clearance; or (ii) a regulated article that could pose a serious biosecurity threat to the country of destination of the document. 295 Inspection of documents in relation to regulated articles (2) The powers relating to mail in subsection (l)(~) and (c) shall be exercised in respect of personall~tters, only If the officer reasonably suspects that the letter contams or relates to a biosecurity threat. 296 Inspection of regulated articles Supplement to Official Gazette [28th April 2014] 33.( 1) A biosecurity officer may, at a biosecurity holding area, inspect any incoming regulated article, and. any conveyance, container or baggage in which the regulated article is· carried, in order to assess the biosecurity risk presented by the article, conveyance, container or baggage. (2) A biosecurity officer may, at a biosecurity point of departure, inspect any regulated article, which requires biosecurity export clearance, in order to facilitate such clearance. (3) For the. purpose of exercising the powers of inspection under this Act, a biosecurity officer may request an importer or exporter to unpack or breakup a consignment, or to open a container, at the risk and expense of the importer or , exporter, as the case may be. (4) Where an importer or exporter refuses to comply with a request under subsection (3) (a) that person commits an offence; (b) the biosecurity officer may break up the consignment or open the container or cause it to be broken or opened; and (c) the cost of any action taken under paragraph (b) is a debt owing to the Government by the importer or exporter, as the case may be. (5) Where a biosecurity officer conducts an inspection under this Act, a biosecurity officer may seek access to, and take photographic, electronic or other copies of, any evidence, information, records and things related to the regulated article or consignment that the officer reasonably requires in order to ensure compliance with, or to investigate a possible offence under, this Act. (6) Inspection of regulated articles in transit shall be governed by section 79(2). [28th April 2014] Supplement to Official Gazette 34.( 1) Where an incoming regulated article requires biosecurity measures before biosecurity import clearance is granted, a biosecurity officer may detain the regulated article, and any conveyance, container or baggage in which the regulated article is carried, for taking such measures. (2) Where an outgoing regulated article that requires biosecurity export clearance has not received such clearance, a biosecurity officer may detain the regulated article, and any conveyance, container or baggage in which the regulated article is carried, until the regulated article receives such clearance or is otherwise dealt with in accordance with this Act. (3) Detention of the regulated article, under this section shall be in a biosecurity holding area, biosecurity quarantine station or biosecurity approved premises specified . by a biosecurity officer. (4) Where a regulated article is to be detained under this section, a biosecurity officer may (a) direct the importer or exporter of the regulated article to move the regulated article to the place specified by the officer under subsection (3); (b) if the importer or exporter refuses to obey a direction under paragraph (a), or because of the nature of the biosecurity threat, arrange for the regulated article to be moved to the place specified by the officer under subsection (3). (5) Where a regulated article is detained under this ,section, a biosecurity officer shall give to the importer or exporter a notice, in· writing, stating the reasons for the detention and, if it was moved under subsection (4)(b), the place to which it was moved. 297 Detention of regulated articles 298 Supplement to Official Gazette [28th April 2014] (6) The cost of moving a regulated article under subsection (4), and its detention in a place specified by a biosecurity officer under subsection (3), shall be borne by the importer or exporter as the case may be. (7) The charges for detention of a regulated article under this section shall be as prescribed. Taking of 35.( 1) A biosecurity officer may, with the consent of the samples importer, owner or custodian of a regulated article, in accordance with regulations made under the Act and relevant international standards take samples from any consignment of incoming regulated articles. (2) Where the importer, owner or custodian of a regulated article refuses to give his or her consent under . subsection (1), the biosecurity officer may require that person to provide appropriate samples. (3) An importer, owner or custodian of a regulated article who refuses (a) to allow samples to be taken under subsection (1); or (b) to provide samples, when required to do so under subsection (2), commits an offence. (4) A biosecurity officer may, with the consent of the exporter of an outgoing regulated article, take samples of the regulated article where the taking of such sample is necessary for the issue of a sanitary or phytosanitary certificate. (5) Where the exporter of a regulated article refuses to give his or her consent under subsection (4), the biosecurity officer may require the person to provide a sample, failing which the biosecurity officer shall not issue the sanitary or phytosanitary certificate. [28th April 2014] Supplement to Official Gazette (6) A biosecurity officer may request the importer, or exporter of a consigiunent to unpack or break up the consignment to facilitate the taking of samples under this section, at the risk and expense ofthe importer or exporter. (7) Where a. biosecurity officer exercising powers under subsections (1), (2), (4) or (5), shall give the importer, owner or custodian or exporter a written notice, identifying the quantity of the sample taken or provided, and the place where the sample is to be analysed. (8) The importer, owner, custodian or exporter of a regulated article from which or by whom samples are taken or provided under subsections (1), (2), (4) or (5) shall be notified in writing of the findings in respect of the samples assoon as reasonably practicable . (9) The procedure for taking and analysing samples, recording the results and disposing of the samples shall be as prescribed. (10) The charges for taking and analysing of samples under t4is section shall be as prescribed. 36.( 1) A biosecurity officer may test, or cause tests to be conducted on, any incoming regulated article, in order to ascertain whether the regulated article meets biosecurity import conditions. (2) Following the test of a regulated article under subsection (1), and on payment ofthe prescribed fee, if any, the regulated article shall be (a) granted biosecurity import clearance and released to the importer; or (b) tr{!ated in accordance with section 37, reconsigned in accordance with section 38 or destroyed in accordance with section 39. 299 Testing of regulated articles 300 Treatment of regulated articles , Supplement to Official Gazette [28th April 2014] (3) A biosecurity officer may test, or cause tests to be conducted on, any outgoing regulated article that requires biosecurity export clearance if such tests are necessary for the issue of a sanitary or phytosanitary certificate. (4) Following tests on an outgoing regulated article under subsection (3), and'on payment of the prescribed fee, if any, the biosecurity officer may either issue or refuse the sanitary or phytosanitary certificate. (5) Section 34(3) to (6) shall apply to, regulated articles detained for testing unqer this section. (6)' The importer or exporter of a regulated article which is tested under subsection (1) or (3), shall be notified, in writing, of the results of the test before the regulated article is released or otherwise dealt with in accordance with this Act. (7)·' The charges for testing of a regulated article under this section shall be as prescribed. . 37.(1) An incoming regulated article which requires treatment in order to meet the biosecurity import conditions shall be treated before biosecurity import clearance is granted. (2) An incoming regulated article which is found to be infected, infested or contaminated by a regulated pest or disease may be treated to reduce the biosecurity risk presented by the regulated article to an acceptable level, whether or not treatment is a biosecurity import requirement or a condition of an import pennit, but the importer may instead opt to have the article reconsigned under section 38 or destroyed under section 39. . (3) Section 34(3) to (6) shall apply to regulated articles detained for treatment under this section. (4) A regulated article treated to the satisfaction of a biosecurity officer. shall, on payment of the cost of the [28th April 2014] Supplement to Official Gazette treatment which shall be borne by the importer, be granted biosecurity import clearance and released to the importer. (5) Where an importer fails to treat a regulated article which requires treatment under this section, within a reasonable time, the biosecurity officer may require the regulated article to be destro~ed in accordance with section 39. (6) Where a regulated article requires treatment under this section and if (a) (b) appropriate treatment is not available in Seychelles; in the opinion of a biosecurity officer, the regulated article still present a biosecurity risk after treatment; or (c) the importer chooses not to have a regulated article treated, the regulated article shall be (iJ reconsigned; or (iiJ if section 3 8(4) applies or the importer so chooses, destroyed. (7) Notice of action to be taken under subsection (5) or (6) shall be given to the importer in writing before the action is taken, except for regulated a~icles in passenger baggage which are detained in the presence of the owner or custodian for destruction. , (S) In cases where. a~ outgoiI?-g regul~ted. article requires treatment as a reqUlrernen.t of ImportatIOn mto the importing country. the regulated artIcle shall be treated at the expense ofthe exporter before ~iosecurity export clearance is granted. ! 301 302 Reconsignment of regulated articles Supplement to Official Gazette [28th April 2014] (9) Treatmentofaregulatedarticle (a) shall be the minimum required to remove or adequately reduce the biosecurity risk presented by the regulated article; (b) may be administered by an appropriately qualified biosecurity officer, or by any other suitably qualified person at the request of the officer or the importer. (10) The charges for treatment of a regulated article under this section shall be as prescribed. 38.(1) An incoming regulated article-, (a) which requires an import permit or a sanitary or phytosanitary certificate but which does not have such permit or certificate attached to it; (b) the importation of which is prohibited under section 58(3)(a), shall, subj ect to subsectiop: (4), at the option and cost of the importer of the regulated article, be reconsigned under this section or destroyed under s,ection 39. (2) Section 34(3)1 to (6) shall apply to regulated articles detained for reconsl~nment under this section. (3) Reconsignmen~ of the regulated article shall be effected within the time spe~ified by the officer, which must be reasonable in the circumstances. \ (4) In cases where';the biosecurity officer considers that the biosecurity risk posed by reconsignment is unacceptable or the reconsi~ent is not effected within the time specified in subsection, (3), the regulated article shall be destroyed. \ t28thApri12014] Supplement to Official Gazette (5) Where a regulated article is reconsigned under this section, any container, crate, baggage, package or mail which carries it may also be reconsigned. 39.(1) A regulated article required or authori~ed to be destroyed under this Act shall be destroyed in accordance with this section. (2) Where an incoming regulated article is found to be infected, infested or contaminated by a regulated pest, or disease, and if (a) appropriate treatment is not available in Seychelles; (b) in the opinion of the Director, the article still present a biosecurity risk after treatment; or (c) the importer chooses not to have the regulated article treated, the regulated article shall be (i) reconsigned; or (ii) ifsection 38(4) applies or the importer so chooses, destroyed. (3) The power of destruction of regulated articles in subsection (2) is in addition to any other power of destruction conferred by this Act. (4) Where a regulated article is destroyed under this Act, any container, crate, baggage, package or mail which carries that regulated article may also be destroyed. (5) Where the packaging of a regulated article is considered to pose a biosecurity risk, it may be destroyed, whether or not the regulated article is destroyed. 303 Destruction of regulated articles 304 Powers in relation to people Supplement to Official Gazette [28th April 2014] (6) Regulated articles shall be destroyed in the manner specified or approved by the Director and the Director shall, before any regulated article is destroyed, give notice in writing to the importer or owner of the regulated article, if they are known, of his intention to destroy that regulated article, and invite that importer or owner to witness the destruction. (7) The charges for destruction of a regulated article under this section shall be as prescribed. 40.( 1) Where a biosecurity officer is of the opinion that any person in Seychelles or seeking to enter or leave Seychelles is in possession or control of an article that poses Ii biosecurity threat to Seychelles, the biosecurity officer may detain and question that person. (2) In cases where a biosecurity officer suspects that there may be-. ( a) upon a person seeking to enter Seychelles, an article that would, ,if imported, constitute an offence under this Act; or (b) upon a person seeking to leave Seychelles, an article that would, if exported, constitute an offence under this Act, the biosecurity officer may cause the person and the person's baggage to be searched. (3) A search of a person under this section shall be carried out by two public officers of the same sex as the person searched. (4) A person may be detained under this section only for as long as is required to question and search the person and the person's baggage and to a:t;range for biosecurity measures to be taken. in respect of such ba~gage. [28thApriI2014] Supplement to Official Gazette (5) A person who refuses (a) to answer to the best of his or her knowledge and ability questions reasonably put by a biosecurity officer; or (b) to submit to a search reasonably required, under this section, commits an offence. 41.(1) A biosecurity officer or any other, person performing functions under this Act in respect of border control, the movement of vessels and aircraft, and biosecurity internal control shall, as far as practicable, coordinate their functions 'with those officers of other government ministries, departments, agencies and authorities, and statutory bodies and authorities, having responsibility for matters such as customs services, immigration services, human health, natural resources, environment, fisheries, tourism, postal services, shipping, civil aviation, port and harbor services, transport and trade, and other similar matters. (2) Without limiting subsection (1) (a) a biosecurity officer shall notify officers of the customs, public health, immigration and postal serVices of any breach of any written law relating to customs, public health, immigration or postal services that comes to his or her notice; . (b) officers of the customs, public health, immigration and postal services shall (i) notify a r' biosecuiity officer of the importation or proposed exportation of any regulated article that comes to their noti~e, which has not been granted b,osecurity import clearance \ \ 305 Duty to coordinate and c\>Operate 306 Designation of biosecurity port quarantine area for vessels and aircraft Management ofbiosecurity port quarantine area for vessels and aircraft Supplement to Official Gazette . [28th April 2014] in accordance with section 77 or biosecurity export clearance in accordance with section 122; (U) hand over to a biosecurity officer any regulated article referred to in sub­ paragraph (i) which comes into their possession for inspection and treatment in accordance with this Act; (c) police officers, customs officers, public health officers, iIIllriigration officers, postal service offigers, environmental officers, agriculture officers, livestock officers, forestry officers and fisheries officers shall co-operate with a biosecurity officer in the performance of the functioris of the biosecurity officer under this Act and render such assistance as they lawfully can when called upon to do so by the biosecurity officer. PART IV - VESSELS AND AIRCRAFT 42. The Agex,.cy may, in consultation with the authorities responsible. for the movement of vessels and aircraft in Seychelles by notice published in the gazette, designate (b) any part of the territorial waters of Seychelles or any part of a seaport in SeycheUesas a biosecurity port quarantine area for vessels; , any part) of an airport in Seychelles as· a biosecurjty port'quarantine area for aircraft. 43.(1) A person, other than the person in charge of a biosecurity port quarantine, area or a biosecurity officer acting in the course of that offic~r's duty, shall not enter such area without the written permission of the Director or the person in charge ofthe area. ) [28thApri12014] Supplement to Official Gazette (2) A person who (a) (b) enters a biosecurity port quarantine area without permission given under subsection (l); or damages, interferes with or in any way reduces the effectiveness of measures taken to secure a biosecurity port quarantine area, or any regulated article or other item in that area, commits an offence. (3) The Agency may issue written instructions to the person in charge of a biosecurity port quarantine area for the management ofthe area. . 44.(1) A biosecurity officer may affix a notice at any biosecurity port quarantine area, and on any vessel or aircraft held in that area, stating the conditions and duration of quarantine and any other information specified by the Agency relating to the area, vessel or aircraft. . (2). A person who removes a notice affixed under. subsection (1) without lawful authority commits an offence. 45.(1) The master of every vessel or captain of every aircraft destined for Seychelles or its agent, shall declare the following information to the Director (a) the destination seaport or airport in Seychelles and the estimated time of arrival, ofthe vessel or aircraft; (b) the immediately preceding port or place of call ofthe vessel or aircraft; (c) the proposed itinerary of the vessel or aircraft until it leaves Seychelles; 307 Biosecurity . port quarantine notices Biosecurity arrival declaration 308 Supplement to Official Gazette [28th April 2014] (2) (d) (e) (f) the nature and country of origin of its cargo; the number of passengers and crew on the vessel or aircraft; whether there is any live animal or plant on the vessel or aircraft; (g) whether there is any illness or malady affecting any live animal or plant on board the vessel or aircraft; and (h) any other matter specified by the Director that is relevant to facilitate biosecurity landing clearance of the vessel or aircraft. A declaration under subsection (1) (a) (b) shall, subject to subsection (3), be made, in the case of a vessel not less than 24 hours, or in the case of an aircraft not less than 60 minutes,before the estimated time of arrival ofthe vessel or aircraft; may be made by electronic means, in accordance with directions issued by the Director; (c) may be made through a biosecurity clearance agent; (d) may be made as part of a declaration made for customs or other border control purposes. (3) . Where it is not reasonably practicable for a declaration to be made within the time specified in subsection (2)(a), a master or captain may make the declaration upon arrival of the vessel or aircrafft. (4) A master or cap,tain who fails to make a declaration under subsection (1), either directly or through a biosecurity clearance agent, commits an dffence. [28th April 2014] . Supplement to Official Gazette 46.( 1) The master of every incoming vessel or captain of . every incoming aircraft shall (a) take the vessel or aircraft directly to a . biosecurity port holding area as directed by a biosecurity officer; (b) permit a biosecurity officer to board and . search the vessel or aircraft in accordance with section 31(1)(a); (c) give access to the biosecurity officer who boards the vessel or aircraft under paragraph (b), the log, cargo manifest, bill of lading, stores list, passenger list, crew list and any other document that is on, in, or relates to, the vessel or aircraft that the officer reasonably requests for the purposes of this Act; (d) make a declaration, in the form specified or approved by the Agency, certifying that regulated article on board the vessel or aircraft shall be dealt with in accordance with this Act. (2) After inspecting relevant· documents and conducting necessary search of an incoming vessel or aircraft, and if satisfied ( a) that the vessel or aircraft is not infected or infested with a regulated pest or disease, or does not have on board anY regulated article that might pose a biosecurity threat to Seychelles; and (b) that the prescribed fee, if any, has been paid, a biosecurity officer may grant clearance to the vessel or aircraft to unload or land cargo, crew members or passengers. 309 Biosecurity landing clearance 310 Supplement to Official Gazette [28th April 2014] (3) Biosecurity landing clearance of a vessel or aircraft may be granted unconditionally, or on condition that the master of the vessel or captain of the aircraft enters into a bond with the Government, in the form specified or approved by the , Agency, and according to prescribed procedures, to ensure compliance with any requirements imposed by this Act in respect ofthe vessel, aircraft or their cargo. Biosecurity port quarantine of vessels and aircraft (4) Notwithstanding the grant ofbiosecurity landing clearance to a vessel or aircraft, any cargo of the vessel or aircraft shall remain subject to biosecurity import clearance under section 77 and crew members and passengers of the vessel or aircraft remain subject to biosecurity entry .clearance under section 56. (5) Biosecurity landing clearance may be refused if a biosecurity officer orders a vessel or aircraft into port quarantine pursuant to section 47 (1). (6) The master of an incoming vessel or captain of an incoming aircraft who - ' (a) (b) contravenes the provision of subsection (1); unloads or lands any cargo, crew or pa~sengers from a vessel or aircraft without biosecurity landing clearance, except with the permission of a biosecurity officer, commits an offence. (7) A crew meIltber or passenger who lands from a vessel or aircraft without getting biosecurity landinKclearance, except with the' permission of a biosecurityofficer, commits an offence. 47.(1) Where abiosecurity officer reasonably suspects that an incoming vessel or aircraft is (a) infected or infested with a regulated pest or disease; or [28th April 2014] Supplement to Official Gazette (b) carrying any regulated article which might pose a biosecuritythreatto Seychelles, the officer may order the vessel or aircraft into biosecurity port quarantine. (2) The biosecurity officer shall give a written notice . in the form specified by the Agency to the owner or charterer of the vessel or aircraft and the master of the vessel or captain of the aircraft stating the reasons for an order under subsection (1) in respect ofthe vessel or aircraft. 48.(1) Where a vessel or aircraft is ordered into biosecurity port quarantine under section 47, a biosecurity officer may - - . (a) direct the master of the vessel or captain of the aircraft to move the vessel or aircraft to a biosecurity port quarantine area; or (b) if the master or captain refuses to obey the direction, or because of the nature of the biosecurity threat, mange forthe vessel or aircraft to be moved to the biosecurity port quarantine area. (2) Where the vessel or aircraft is moved under . subsection (1)(b), the biosecurity officer shall give a written notice in the form specified by the Agency to the owner or charterer ofthe vessel or aircraft and the master of the vessel or captain of the aircraft stating the location of the vessel or aircraft. 49.(1) The biosecurity officer may give written. directions in the form specified by the Agency to the master of a vessel or captain of an aircraft in biosecurity port quarantine (a) as to the movement of the vessel or aircraft, while it is in quarantine; 311 Moving of vessels and aircraft to biosecurity port quamntine area Conduct of vessels and aircraft in biosecurity port quarantine 312 Costs of treatment or' other measures Biosecurity port quarantine clearance of vessels and aircraft Supplement to Official Gazette [28th April 2014] (b) as to the movement of passengers, crew members and cargo while the vessel or aircraft is in quarantine; (c) as to any treatment or other biosecurity measure that may be applied to the vessel or aircraft. (2) A master or captain who fails to take all reasonable steps to ensure that the vessel or aircraft and its cargo, crew and passengers conform to directions given under subsection (1) commits an offence. ' 50. The. cost of moving a vessel or aircraft to a biosecurity port quarantine area and keeping it in quarantine and of any treatment or other measures that must be applled to that vessel or aircraft shall be borne by the owner or charterer of the vessel or aircraft. 51.( 1) Where the biosecurity officer is satisfied that­ (a) a vessel or aircraft in biosecurity port quarantine is substantially free from regulated pests and diseases; (b) any potential biosecurity risk from ships' stores and other reguiated articles on the vessel or aircraft is suitably contained; and (c) the prescribed fee, if any, has been paid; the biosecurity officer may grant biosecurity port quarantine' clearance for the vessel or aircraft to unload or land passengers, crew members and cargo. (2) Biosecurity port quarantine clearance of a vessel or aircraft may be granted unconditionally, or on condition that the master of the vessel or captain of the aircraft enters into a bond with the Government, in the form specified or approved by the Agency, to ensure compliance with any requirements imposed by this Act in respect ofthe vessel, aircraft or cargo. [28th April 2014] Supplement to Official Gazette (3) Notwithstanding the grant of biosecurity port quarantine clearance to a vessel or aircraft under subsection (1), the vessel or aircraft still has to be granted biosecurity landing clearance to enter Seychelles in accordance with section 46. 52. Where the Director reasonably believes that an incoming vessel or aircraft poses a serious biosecurity threat to Seychelles which cannot. adequately be dealt with by appropriate biosecurity measures, the Director may, in writing, and after consulting the officers or authorities responsible for the movement of vessels or aircraft in Seychelles, direct the vessel or aircraft to leave Seychelles. 53.( 1) The master of every incoming vessel shall, while the vessel is in Seychelles ( a) take all necessary steps to prevent any animal on board the vessel from having contact with any animal on shore unless permitted by a biosecurity officer, and in the manner directed by the officer; . (b) seal all hatches, holds and enclosed cargo areas during the hours of darkness, except as needed for the working of the vessel or its cargo. (2) The master of every incoming vessel shall take all reasonable steps to ensure that, whilst the vessel is in Seychelles (a) no garbage containing any animal, animal product, plant or plant product is discharged from the vessel into the sea; (b) no bilge water is discharged from the vessel into the sea; (c) no sewage or foul wastewater is discharged from the vessel into the sea: 313 Incoming vessel or aircraft posing serious biosecurity threat to leave Seychelles Obligations of masters and captains of incoming vessels and aircrafts with regards to garbage, ballast etc. 314 Supplement to Official Gazette [28th April 2014] (d) ballast water is discharged from the vessel only in accordance with applicable written law. (3) The master of every incoming vessel and captain of every incoming aircraft shall, while the vessel or aircraft is in Seychelles, take all reasonable steps to ensure that all garbage generated on the vessel or aircraft (a) is placed in a suitable leak-proof container, with a lid, and that the container is securely fastened at all times and kept within the vessel or aircraft and is only removed from the vessel ot: aircraft under and in accordance with the directions of a biosecurity officer; (b) is not disposed of in the s.ea. (4) The master of every incoming vessel and captain Of every incoming aircraft shall take· all reasonable steps to ensure that no ships' stores are removed from the vessel or aircraft while if is in Seychelles, except under and in accordance with the directions of a biosecurity officer. (5) The master of every incoming vessel shall take all . reasonable steps to ensure that the vessel complies with any de­ ratting requirements prescribed by any other written law. (6) Notwithstanding subsection (l)(b), a biosecurity officer may lock or seal the stores of any incoming vessel or aircraft while it is in Seychelles. (7) The cost of disposal of garbage under this section shall be borne by the owner or'charterer ofthe vessel or aircraft. (8) The master of a vessel who-. (a) fails to take all reasonable steps as required by subsection (1 )(a); [28th April 2014] Supplement to Official Gazette (b) contravenes subsection (1 )(b), (2), (3), (4) or (5) or fails to obey a' direction of a biosecurity officer given under any of those subsections, commits an offence. (9) The captain of an aircraft who fails to take all reasonable steps as required by subsection (3) or (4) or fails to obey a direction of a biosecurity officer given under those subsections commits an offence. 54.( 1) Where a biosecurity officer has reason to believe that there i~ on board ~n ou~going vessel or aircraft, any regulated article that reqUIres, blOsecurity export clearance and that has not received such clearance, the officer may (a) board and search the vessel or aircraft in accordance with section 31 (1)( a); (b) request the master of the vessel or captain of the aircraft to produce for inspection the cargo manifest, bill of lading, stores list, passenger list, crew list and any other document that is on, in or relates to the vessel or aircraft and that the officer reasonably requires for the purposes of this Act; (c) direct the master of the vessel or captain of the aircraft not to move the vessel or aircraft unless permitted by the officer, and in the manner directed by the officer; (d) direct the vessel or aircraft to be subjected to any treatment or other biosecurity measure that is requested by the destination country; 315 Outgoing vessels and aircraft ... 316 Passenger arrival biosecurity declaration Supplement to Official Gazette [28th April 2014] (2) (e) give to the master of the vessel or captain of the aircraft any other lawful direction that is reasonably required to protect the . destination country from any biosecurity threat posed by the vessel or aircraft. A master or captain who (a) refuses to permit a search under subsection (1)(a);or (b) fails to comply with a request or direction given under subsection (1 )(b),( c ), (d) or (e), commits an offence. 55.(1) Subject to subsections (2) and (3), every passenger or crew member who arrives in Seychelles on board a vessel or aircraft shall make a passenger arrival biosecurity declaration toa biosecurity officer. (2) . The passenger arrival biosecurity declaration shall be in the form specified or approved by the Agency and contain all particulars required by that form, relating to t4e person making the declaration and any baggage that accompanies the person. (3) A passenger or crew member may not declare­ (a) articles of clothing worn on the body; (b) articles visibly attached or connected to the . body or clothing; or (c). suitcases and other visible containers of personal baggage, unless a biosecurity officer so requests because of the biosecurity risk posed by the article. [28th April 2014] Supplement to Official Gazette (4) An arriving passenger or crew member who fails to make a declaration as required by subsection (1) commits an offence. 56.(1) Where a passenger arrival biosecurity declaration is made under section 55, a biosecurity officer may, ifrequired (a) . question the passenger or crew member making the declaration; (b) inspect the baggage to which it relates. (2) After taking the steps specified in subsection (1), a biosecurity officer may (a) grant biosecurity entry clearance to the person and baggage to which the declaration relates; (b) detain the passenger or crew member for further questioning and search; or (c) detain the baggage and other regulated articles in the possession of the passenger or crew member for further inspection and application of other biosecurity measures as the officer considers appropriate. (3) An arriving passenger or crew member who fails to submit baggage for inspection when so directed under subsection (1) cOfllI!lits an offence . (4) Section 40 shall apply to the questioning, detention and searching of persons and baggage under this section. 57.(1) Every passenger or crew member departing from Seychelles shall 317 Biosecurity entry clearance Departing passengers 318 Importation of regulated articles Supplement to Official Gazette [28th April 2014] (a) submit for inspection on request by a biosecurity officer any regulated article on the passenger or cre~ member or in his or her baggage; (b) permit the officer to search the passenger or crew member's baggage. (2) A departing passenger or crew member who fails to comply with subsection (1) commits an offence. (3) Section 40 shall apply to the questioning, detention and searching of persons and baggage under this section. PART V - BIOSECURITY BORDER CONTROL 58.( I) The Agency may regulate the iml?ortation of (a) particular regulated articles from all countries; or (b) particular regulated articles from Qne or more countries of origin .. (2) The Agency shall, before exercising powers under subsection (I) obtain (a) a pest or disease risk analysis in relation to the regulated article; (b) the advice of the Director and of the Chief Veterinary Officer or Chief Plant Protection Officer as appropriate. (3) If as a result of a pest or disease risk analysis made under subsection (2)(a), the Agency considers that the importation of a regulated article referred to in subsection (1 )( a) or(b) [28thApri12014] Supplement to Official Gazette (a) would present an unacceptable biosecurity risk to Seychelles, the Agency may by order, prohibit the importation of that regulated article; (b) would not present an unacceptable biosecurity risk to Seychelles, importation of that regulated article may be permitted subject to biosecurity import conditions specified under section 70. (4) In making an order prohibiting the importation of a regulated article upder subsection (3 )( a), the Agency (a) shall have regard to the international obligations of Seychelles in respect of biosecurity; and (b) may apply the precautionary principle. (5) An order under subsection (3)(a) in respect of a regulated article (a) may be made at any time before biosecurity import clearance is granted in respect of the regulated article; and (b) continues in force until the prohibition is . revoked or varied but must be reviewed every 12 months. (6) In cases where a person imports or attempts to import (a) a regulated article the importation of which is prohibited under subsection (3 )( a) (i) that person commits an offence; and (ii) biosecurity import clearance shall be refused for the regulated article; , 319 .. 320 Designation of Biosecurity points of entry and departure Incoming vessels and aircraft to berth or land Bt i-iosecurity point of entry Supplement to Official Gazette [28th April 2014] (b) a regulated article referred to in subsection (3)(b) in respect of which biosecurity import conditions have been specified, without meeting such conditions, biosecurity import clearance shall be refused for the regulated article. 59.(1) The Minister may make regulations designating the sea ports, airports and mail exchange as biosecurity points of entry at which regulated article may enter Seychelles and as biosecurity point of departure at which regulated article may leave Seychelles. (2) Before making regulations under this section the Minister shall obtain the advice of the Agency and consult the authorities responsible for postal, immigration and customs services, airports, seaports and the movement of vessels and aircraft, in Seychelles. (3) A biosecurity point of entry or departure may be limited to a particular type of conveyance or article or to imports from or exports to particular countries. ' (4) Apersonwho~ (a) imports or attempts to import, a regulated article or consignment of regulated articles, other than at a biosecurity point of entry; or (b) exports or attempts to export, a regulated article or consignment of regulated articles, other than at a biosecurity point of departure, commits an offence. 60.(1) Subject to subsection (3) (a) (b) an iilcoming vessel shall berth at a sea port; ! an i: woming aircraft shall land at an airport, [28th April 2014] Supplement to Official Gazette which is a biosecurity point of entry. (2) Where (a) (b) except in the circumstances provided for in subsection (3), the master of an incoming vessel or captain of an incoming aircraft, caUses or permits the vessel to berth at any place other than at a seaport or the aircraft to land at any place other than an airport that is a biosecurity point of entry; or the master of an outgoing vessel or captain of an outgoing aircraft, causes or permits the vessel or aircraft to leave Seychelles from , any place other than a seaport or airport that is a biosecurity point of departure, that master or captain commits an offence., . , (3) A vesser may berth or an air~raft may land at a place other thana biosecurity point of entry i (a) (b) ! if constrained by adverse weather conditions, mechanical f~hureor any other cause beyond the control9fthe master of the vessel or captain ofthe aircr:aft; or \ if so directed or permitted b~ the Director or a biosecurity officer. -\ 1 (4) In the circumstances provided for: in subsection. (3), the place where the vessel has berthed ,pr the aircraft has landed is deemed to be a biosecurity poillt of entry for the purposes of this Act, once the Director has been notified of the berthing or landing. 61.( 1) The operator of every biosecurity p~int of entry or departure in Seychelles sQ.all, to the exten(posSlble and at the cost of the operator, provide on the premises for the purposes of this Act and to the satisfaction oftheAgency 321 Facilities at biosecurity points of entry or departure • 322 Supplement to Official Gazette [28th April 2014] / (a) an area su~table for use by biosecurity officers statIOned at the point of entry or departure, for the perfonnance of their functions; (b) adequate space for the display of notices regarding the biosecurity requir::ments of this Act; (c) areas for interview and physical examination of incoming passengers and crew members if required; , I (d) bioseturity holding areas as designated under section, 62,63 and 64; (e) faciliti~s and s~ita?le containers for garbage IYOllectIOn and mcmeration or other fonn of /Jisposal; I (f) / facilities for the incineration or other form of disposal of regulated articles which do not / create an unacceptabl~ biosecurity risk; (g)/ ;1 ( I fencing o.f premises in which equipment for t~e h~ldmg and disposal of garbage is sItuated; and (() any other facilities that the Agency reasonably requests in writing, as being \ needed for. the performance of biosecutity \ functions at the point of entry or departure. (2Y \\!,?ere the ~?erator of a biosecurity point Of entry or departure f~tls to ~r?~Ide facilit~es as required by subsection (1 )( a) t9 (h), su~~h .facIlItleS m~y be\provided by the Agency and the cost of prov~dmg such faCIlities shall be a debt owing by the operator to the,uovemment. Gazette 323 An operator of a biosecurity point of entry or who fails to keep the premises and facilities "'~v, .. v'u" ... in subsection (1 )( e), (f) and (g) free from weeds and V~l.lll1JLl. to the satisfaction ofthe agency commits an offence .. The Agency may, on the advice ofthe Director and consultation with authorities responsible for the movement vessels and aircraft in Seychelles, by notice published in the designate (a) any part of the territorial waters. of Seychelles or any part of a seaport in Seychelles as a biosecurity port holding area for vessels; (b) any part of an airport in Seychelles as a biosecurity port holding area for aircraft, where incoming conveyances may be held for biosecurity inspection pending biosecurity landing. clearance or other disposition under this Act. 63.(1) The AgeIicy may, on the advice, of the Director and in consultation with the authorities responsible for ~the . movement of vessels and aircraft in Seychelles, by notice published in the Gazette, designate any area of iand at or adjacent to a seaport or airport in Seychelles, as a biosecurity goods holding area where incoming or outgoing regulated, articles or containers may be held for biosecurity inspection pending biosecurity clearance or other disposition under this Act. (2) Where any land other than land in the ownership' of the Government is designated as a biosecurity holding area, the Agency shall consult the owner of the land and pay compensation as agreed by the Agency and the owner and in case of disagreement, as determined by a court, for the use of the land as a biosecurity holding area .. Designation ofbiosecurity port holding area Designation of biosecurity goods holding area 324 Designation of biosecurity postal holding area Facilities at biosecurity holding areas Management of biosecurity holding areas Supplement to Official Gazette [28th April 2014] 64.( 1) The Agency may, on the advice of the Director and in consultation with authorities responsible for the movement of· postal items in Seychelles, by notice published in the Gazette designate any part of a mail exchange in Seychelles as a biosecurity postal holding area where incoming or outgoing postal items may be held for biosecurity inspection pending biosecurity clearance or other disposition.tinder this Ad. (2) Only regulated articles in a mail bag or other container that conforms to the requirements of the postal legislation of Seychelles may be held at a biosecurity postal holding area designated under subsection (1). 65. The Director shall ensure that every biosecurity holding area is provided with such buildings and facilities as are reasonably needed (a) to hold regulated articles for biosecurity inspection; (b) to prevent unauthorised persons from entering or removing items from the area; and (c) to enable the· carrying out of biosecurity inspection. 66.(1) The Director may issue Written directions to the person in charge of a biosecurity holding area for the management of the area. (2) A biosecurity officer may, in order to reduce a biosecurity threat, lock, seal or otherwise prevent entry to and exit from a biosecurity holding area or any building in it. (3) A person, other than the person, in charge of a biosecurity holding area or a biosecurity officer acting in the course of that officer's duty shall not enter such ~jarea without the written permission of the Director, or the permission of the person in charge ofthe area or of a bi,)security officer. April 2014] Gazette (4) A person who (a) (b) (c) enters a biosecurity holding area without permission given under subsection (3); damages, interferes with or in any way reduces the effectiveness of measures taken to secure a biosecurity hol4ing area, or any regulated article or other item in the area; or removes or attempts to remove from a biosecurity holding area any regulated article without obtaining biosecurity clearance in respect of it, other than for the purpose of the application of biosecurity measure~ -to the regulated article in accordance with this Act, i' commits an offence. 67.(1) In cases where a person proposes to import or export a regulated article through a seaport or. airport in Seychelles, may be not be able!! to present when biosecurity inspection in respect of that articleltakes plac.e, he or she shall-. / (a) (b) appoint a pe~son resident in Seychelles, in writing, as a biosecurity clearance agent, to perform such functions of the importer or exporter undet this Act as are specified by the person making the appointment; and I notify the Director, in writing, of such appointment before the agent performs any agency functi<)fls. (2) Where an importer or exporter referred to in subsection (1) fails to comply with that subsection, biosecurity clearance shall not be· granted for any reglliated article which the person seeks to import or export. 325 Biosecurity clearance agents 326 Application for biosecurity import permit Supplement to Official Gazette [28th April 2014] (3) Where in the opinion of the Director, the conduct of a biosecurity clearance agent appointed under subsection (1), in the performance of his functions under this Act, renders the agent unacceptable for the purposes ofthe performance of such functions, the Director shall notify the importer or exporter of the same and the agent shall cease to be an agent from the date specified in the notification .. (4) A notice under subsection (2) shall be given in sufficient time to allow the importer. or exporter to appoint another agent. (5) A bios¢curity clearance agent who performs or purports to perforrrl any functions of an importer or exporter under this Act is liable to the same extent as the importer or exporter for any act or omission which amounts to an offence or which creates iny legal obligatio~under this Act. . PART VI - JUOSECURITi IMPORT PROCEDURES 68.(1) Subject to sUbsechon (5), ,a person seeking to import any animal, animal product, plant, plant product or other regulated C\tticle shall make, an ,application for a biosecurity import petplltinrespect of1jhat animal, animal product, plant, plant product or other regula~d article. !, (2) An application Iror a biosecurity import permit shall'-' (3) shall (a) be made ito *he Director in the prescnbed form" , , , ( (b) be made before the regulated article, leaves the co~ntry of origin or, in the case of re­ exporteid goods, the re.:exporting country; and (c) be acc~mpanied by the prescribed fee. An application for a biosecurity import permit [28th April 201 (a) (b) Gazette include evidence of the country of origin of the regulated article in respect of which the application is made; state the nature and amount of the regulated article in respect of which the application is made; (c) state the expected date of arrival in Seychelles of the regulated article; and Cd) give any other information that the Director reasonably requires to enable the Director to make a biosecurity risk assessment. (4) A decision on an application for a biosecurity import permit shall be communicated to the applicant as soon as reasonably practicable after the duly completed application is received and if an application is refused, the applicant shall be notified in writing, with bri,ef reasons for the refusal. (5) Subsection (1) shaH not apply to beneficial . organisms, the importation of which shall be in accordance with prescribed procedures developed in consultation with the Ministry responsible for environmen~. 69.(1) Where an application for a biosecurity import permit is made to the Director, in respect of a regulated article, the Director shall (a) (b) if biosl,':curity import conditions have been specified under section 70 in relation to the regulated article, Ion payment of the' prescribed fee if arly,as soon as practicable, grant the application; if biosecurity import. conditions have not been specified under ~ection 70 in relation to the regulated artiqle, take the actions specified in section 7();! 327 Decision on application for biosecurity import permit 328 Biosecurity import conditions Supplement to Official Gazette [28thApri12014] (c) if the impo.rtatio.n o.f the regulated article is pro.hibited under sectio.n 58(3)(a), refuse the applicatio.n. (2) Where an applicatio.n fo.r permissio.n to. impo.rt a regulated article is granted under subsectio.n (1 )( a), the Directo.r shall state this fact o.n the form referred to. in sectio.n 6~(2)( a) in which the applicatio.n is made and attach to. that fo.rm any co.nditio.ns subject to. which the permit is granted, and this shall be deemed to. be a biD security impo.rt permit fo.r the purpo.ses o.f this Act. . . (3) A bio.security imPo.rt permit may­ ( a) be general Dr specific; (b) relate to. a single regulated article Dr to. a co.nsignment o.f regulated articles; (c)· be different fo.r different types o.f regulated articles and relate to. different co.untries o.f o.rigin. . . . (4)' A general permit, relates to. all impo.rts o.f a type specified in the permit, Dr fro.m an area specified in the permit, and may relate to. cpntinuing imPo.rts o.ver a perio.d specified in the permit. . . (5) A specific permit relates to. a single regulated article Dr to. a co.nsignment o.f regulated articles and may specify an expiry date. 70.( 1) . The Director may specify bio.security impo.rt co.nditio.ns in respect o.f incoming regulated articles (a) as to. whether a bio.security impo.rt permit ~ ' all be o.btained fo.r the regulated article and . i so. the co.nditio.ns to. be attached to. the e-rmit; [28th April 2014] Supplement to Official Gazette (b) as t? whether a sanitary Dr phyto.sanitary certIficate fro.m the autho.rity respo.nsible fo.r bio.s~curity in ,the co.untry o.f o.rigin is reqUIred fo.r a regulated article, and if so. the matters that mu~t be certified; (c) as to. what bio.s,Jcurity measures, if any, shall be applied to. tl1e regulated article o.n arrival in Seychelles, \ pefo.re bio.s¢curity imPo.rt clearance can be, granted. I I (2) Bio.security import co.n~tio.ns under subsectio.n (1) ( a) may be differelit fo.r different types and quantities of regulated articles; (b) (c) \ may be by refererlre to. the co.untry or area o.f o.rigin o.fthe regulated article; \ shall be limited'. to. tho.se reaso.nably necessary to. redu~e Dr ~liminate the bio.security risk to. Se~chell~ presented by the regulated article. (3) I~ determining bio.secutity impo.rt co.nditions under subsectIOn (1), the Directo.r- \ (a) shall make Dr cause to. b made, a biD security impo.rt risk analyt,is; (b) shall. have r~gard t~ intematia',na1 standards relatmg to. bIOsecunty matters;\'\ . (c) shall have regard to. the reso.w\~es available fo.r bio.security co.ntro.l; ; (d) shall apply the precautio.nary prLnciplt~. (4) A bio.security impo.rt risk analy~ is under subsectio.n (3)( a) 329 330 Change of biosecurity import conditions Supplement to Official Gazette [28th April 2014] (a) (b) (c) (d) may include a pest or disease risk analysis; ~ust assess the impact of the imported regulated article on biodiversity, human health, agriculture and the environment; may include an audit of the place or facilities where the regulated article is produced or proces~ed; may include an assessment ofthe biosecurity risk associated with the packaging and conveyance ofthe regulated article; (e )ma),' be performed by any suitably qualified person, other than the importer, at the request ofthl(Director; (f), shalf be performed at the importer's expense. / (5) 'tliosec¥rity import conditions made under this section shall be eI).lered in the biosecurity register and made available tp the public for inspection. 'I , (6) I A person who imports or attempts to import a regulated krticle for which a biosecurity import permit is , required 0 'accordance with subsection (l)(a), and which has not been pxempted from such requirement under section 74 I (a) without such permit; or / (b) in breach of the conditions of such permit, commits an offence. 71.(1) · The Director shall, after obtaining the advice ofthe Chief Ve!erinary Officer or Chief Plant Protection Officer as appropriate and the National Biosecurity Committee, change the bio$ecurity import conditions made under section 70 in April 2014] to Gazette \re~~pect of an regulated article at any time before biosecurity cUTn''''''rT clearance is granted in respect of that regulated article, there is change in the biosecurity risk presented by the regulated article. (2) Notice of a change in the biosecurity import ',' 'conditions in respect of an regulated article under subsection (I) shall be given to intending importers as soon as practicable. (3) Section 70 shall apply to a change ofbiosecurity , import conditions made under this section. ,72.( I) Where an application for a biosecurity import permit is made in respect of a regulated article which is not the subject of biosecurity import conditions, the Director shall inform the person who madei the application of that fact, and ., the person may make a request in writing for biosecurity import conditions to be specified in respect of the regulated article, (2) A request under subsection (1) shall (a) (b) I be mad¢ in sufficient time before the intended importation of the regulated article; and / give adequate information about the biosecurity procedili-es of the country of origin, the nature of the regulated article, and the proposed importation, , to enable the Director to undertake a 1)iosecurity risk analysis , in relation to the regulated article. ' (3) Where a request under subsection (2) is received and the fee, if any, prescribed is paid, the Director shall as soon as prac;ticable, unless the importation of the regulated article in 331 Development of new biosecurity import conditions 332 Application for access to Seychelles market Exemption from hiosecurity import conditiotlS Supplement to Official Gazette [28th April 2014] respect of which the request is made is prohibited under section 58(3)( a), develop biosecurity import conditions in respect of the regulated article in accordance with section 70(2), (3) and (4). 73.( I) The Government of any country from which any animal, animal product, plant, plant product or any other regulated articl~ is sought to be exported to Seychelles may apply in writing to the Director through the Ministry responsible for F oreignAffairs or for Trade. (2) Sections 72(2) and (3) shall apply to an application under subsection (1). 74~(1) The Director may, on the advice of the Chief Veterinary Officer or Chief Plant . Protection Officer, as appropriate and if satisfied that the biosecurity risk to Seychelles is not increased as a result, in writing, exempt any regulated article, class of regulated articles or consignment of regulated articles (a) from any or all of the biosecurity import conditions that would otherwise apply to the regulated article, or class or consignment of regulated articles; or (b) from a requirement for a biosecurity import perinit that would otherwise apply to the regulated art\cle, or class or consignment of regUlatedartiGles. . (2) An exemption under subsection (1) (a) may, specify the conditions on which the regulated article, or class or consignment of regulated articles is exempted and the exemption ceases to apply if the conditions are ~ot met; and (b) applies only to a single importation. [28th Apri12014] Supplement to Official Gazette A request for exemption under this section shall (a) made in writing to the Director; (b) accompanied by the prescribed fee, if any, and the specified documents; (c) made in sufficient time to allow the Director to give due cohsideration to the request. \ I (4) A regulated article or class or consignment of regulated articles exempted from biosecurity import conditions or the requirement for an import permit under this section are not exempted from the requirement for biosecurity import clearance. 75.( 1) Every incOming article or consignmen1t of articles shall be liable to bios¢curity entry inspection by a'ibiosecurity officer at the biosecuri'ty point of entry to ascertain w,hether the article or consignment includes a regulated article. I' i \ (2) Where an importer fails to make an l~COm.ing article or consig . ent available for biosecuri . entry inspection as reqUi¥ under subsection (1) at the req \ est of a biosecurityofficer-' ',, 1\ \ (a) the importer commits an offence; anq"! ! \ (b) the article orconsignmellit may, be reconsigned or destroyed as if they we're a regulated article for which biosecuriw import clearance had been refused. I \ • ! \ (3) Where a biosecurity officer, is satisfied, after \ . verifying the documents relating to Ian incoming article or . consignment and, if the officer ,i considers necessary, inspecting the article or consignmel~t • I, 333 Biosecurity entry inspection of incoming articles 332 Application for access to Seychelles market Exemption from biosecurity import conditions Supplement to Official Gazette [28th April 2014] respect of which the request is made is prohibited under section 58(3)(a), develop biosecurity import conditions in respect of the regulated article in accordance with section 70(2), (3) and (4). 73.( 1) The Government of any country from which any animal, animal product, plant, plant product or any other regulated articl~ is sought to be exported to Seychelles may apply in writing to the Director through the Ministry responsible for F oreignAffairs or for Trade. (2) Sections 72(2)and (3) shall apply to an application under subsection( I). 74;(1) The Director may, on the advice of the Chief Veterinary Officer or Chief Plant . Protection Officer, as appropriate and if satisfied that the biosecurity risk to Seychelles is not increased as a result, in writing, exempt any regulated article, class of regulated articles or consignment of regulated articles (a) from any or all of the biosecurity import conditions that would otherwise apply to the regulated article, or class or consignment of regulated articles; or (b) from a requirement for a biosecurity import permit that would otherwise apply to the regqlated art\cle, or class or consignment of regulatedartic;les. (2) An exemption under subsection (1) (a) may, specify the conditions on which the regulated article, or class or consignment of regulated articles is exempted and the exe~ption ceases to apply if the conditions are ~ot met; and (b) applies only to a single importation. [28th April 2014] Supplement to Official Gazette A request for exemption under this section shall (a) made in writing to the Director; (b) accompanied by the prescribed fee, if any, and the specified documents; (c) made in sufficient time to allow the . Director to give due consideration to the request. \ I (4) A regulated article or class or consignment of regulated articles exempted from biosecurity import conditions or the requirement for an import permit under this section are not exempted from the requirement for biosecurity import clearance. 75.(1) Every incbming article or consignmenlt of articles shall be liable to bios¢curity entry inspection by a'ipiosecurity officer at the biosecufiity point of entry to ascertain \\\hether the article or consignment includes a regulated article. 1\ I I I .\ (2) Where ~n importer fails to make an lr,0ming article or consig . ent available for biosecuri . entry i~specti~n as reqUi¥ under subsection (1) at the req' est of a blOsecuntyofficer-' " 1\ \ (a) the importer commits an offence; anqi \ \ \ I (b) the article or consignmeilit may \ be reconsigned or destroyed as if they wete a regulated article for which biosecuriiV import clearance had been refused. I \ . I \ (3) Where a biosecurity officer, is satisfied, after \ verifying the documents relating to ,an incoming article or 'consignment and, if the officer:' considers necessary, inspecting the article orconsignmel~t \ 333 Biosecurity entry inspection of incoming articles 334 Biosecurity import clearance of incoming regulated articles Supplement to Official Gazette [28th April 2014] (a) (b) \ that the article is or the consignment includes a regulated article, the regulated article or consignment shall be granted biosecurity . import clearance in accordance with the ptovisions of this Part, before they are n:;leased from the biosecupty point of entry; that the article is not or the consignment does not include a regulated article, the article or consignment may be released from the biosecurity point of entry upon payment of the prescribed fee, if any. (4) . Section 33 shall apply to an inspection under this section. ( I (5). Subject to section 133, the opinionofa biosecurity officer url!;:ler subsection (3 )( a) or (b) as to whether an article is or is not,\or a consignment includes! or does not include, a regulated article shall be conclusive for! the purposes ofthisAct. ) ... (~J This section. shall no~ apply to baggage acc9m~anying passengers or crew members, but sections 55 and 56fhall apply to suchbaggage. \ . ! (\ •. 7~:(1) Every incoming regulated article or consignment i of regulated articles (a) shall be liable to biosecurity import clearance inspection by a biosecurity officer; and (b) shall for that purpose be taken to or retained in abiosecurity goods holding area. (2) An applic'ltion for biosecurity import clearance of a regulated article or c~msignment of regulated articles under subsection (1) shall [28th April 2014] Supplement to Official Gazette (a) be made to a biosecurity officer in the m~er specified or approved by the DIrector; (b) be accompanied by the prescribed fee if any; . ' (c) sta~e the country of origin of the regulated . artIcle or consignment; (d) sta~e the nature and quantity of the regulated artICle or consignment; (e) be acco~panied by any sanitary or phytosamta~ . certificate issued by the c0':lltry of ongm m relation to the regulated artIcle or consignment; (t) be ac~ompaniedby any biosecurity import pe~It relating to the regulated article or conSIgnment; (g) be accOI~.panie~ by documentation relating to a~y blosecunty measures specified under se~tlOn 70(1)( c) in relation to Ithe regulated artICle or consignment. . ',~,.;."", .: (3) The importer qf an incoming regulated article or .. :.;t~:nsI~ent of regulated articles shall, on the ~equest of a ;I::/:vlOsecunty officer .• ,i" (a) ope~ the container or enable the ~'fficer to do ~o, If the ~egulated article or consignment is m a contamer; (b) I all~w the officer to inspect tlid regulated artI~le or consignment in acc<Y.rdance with sectlon33; ! (c) allow.lthe officer to take sampl~t; andconduct tests 111 accordance with section s 35 and 36 I ! I 335 336 Grant and refusal of biosecurity import clearance Supplement to Official Gazette [28th April 2014] respectively, to enable the officer to determine whether biosecurity import clearance should be granted; (d) submit the regulated article or consignment to biosecurity measures to be applied, if it require such measures. (4) Where the importer of a regulated article or consignment of regulated articles fails to comply with any of the requirements of subsection (3) (a) the importer commits an offence; and (b) a biosecurity officer may refuse to grant biosecurity import clearance for the regulated article or consignment, and may order the regulated article or consignment to be reconsignedor destroyed. (5) The cost of taking a regulated article or consignment' of regulated articles to and keeping it at a biosecurity &bods holding area, shall be borne by the importer. (6) This section shall not apply to passengers or crew members, but section 55 and 56 shall apply to such persons. 77.(1) I Before granting biosecurity import clearance of a regulated article or consignment. of regulated articles, a biosecurity officer shall be satisfied that , r , (a) if a biosecurity import permit is required, that it has been obtained in respect of the regulated article or consignment and the conditions oftht! permit complied with; . (b) if a sanitary or phytosanitary certificate is required, that certificate has been issued by the country of export or re-export and any requirement of the certificate complied with; [28th April 2014] Supplement to Official Gazette (c) if any other biosecurity measures are specified under section 70(1)( c), that they have been applied to or in respect of the regulated article or consignment. (2) Where a biosecUrity officer is satisfied (a) of the matters mentioned in subsection (1) in respect of an regulated article or consignment; and (b) that all prescribed fees and charges relating to the regulated article or consignment have been paid, . I the biosecurity officer shall grant biosecurity import clearance for the regulated article or consigmhent. . (3) Where the biosecurity risk presented by an incoming regulated article or consignment of regulated articles so requires, a biosecurity officer may { (a) refuse to grant biosecurity import clearance for the regulated article or conSignment; or . I (b) require additional biosecurity\ measures to be applied to it, eren if the regulated article or consignment meets the! biosecurity import conditions in relation to it. . (4) Biosecurity import clearance of a regulated article or consignment of regulated articles may be made conditional on the regulated article or consignmeti{ undergoing biosecurity quarantine if- \ (a) quarantine is a/ biosecurity import requirement for the ,i'regulated article or consignment; or (b) during biosecurity e~t;rY inspection or biosec~i.ty import clearafce inspection, the r 337 338 Revocation of biosecurity import permit Supplement to Official Gazette [28th April 2014] regulated article or consignment is found or is suspected to be, - infested, infected or contaminated. (5) Biosecurity import clearance may be refused for an incoming regulated article or consignment of regulated articles the importation of which is prohibited pursl,lant to section 58(3) (a). (6) A biosecurity officer may cause any incoming regulated article or consigmrient in respect of which biosectrrity i;mport clearance is refused, to be reconsigned or destroyed, but the importer shall be given reasonable time to make arrangements for reconsignment of the regulated article , or consignment before it is destroyed. 78.(1) The Director may at any time, on written notice to th~ holder of a biosecurity import permit, revoke the permit, or vary the conditions of the permit, if a change in the biosecurity risk to Seychelles presel1ted by the regulated article or consignmeq:tof regulated articles to which the permit relates, so requires.,' ' , . ,', (2). Biosecurity .import clearance shall be refused for a r~gulate~ i ~rticle or c~~signment in respect of which a bl0secunty llIiport perrr1it IS revoked. (3i) The holder o( a biosecurity import permit which is revoked (a) sh~i surrender it to a biosecurity officer as soo~ as practicable after such revocation; . (b) , ..yhQ fails or refuses to surrender the permit to a biosecurity officer as soon as / ipracticable after the revocation in . contravention of paragraph (a), commits an ! offence. \ [28th April 2014] Supplement to Official Gazette 79~( 1) Regulated articles in transit including those which •. accompany a crew member or passenger in transit shall be liable to biosecurity control. (2) A biosecurity officer may at any time inspect a regulated article in transitifthe officerreasonably suspects the regulated article may pose a biosecurity threat to Seychelles or a receiving C01intry and such inspection shall be carried out in a secure biosecurity holding area. (3) Where a biosecurity officer reasonably suspects that a regulated article in transit may pose a biosecurity threat to a receiving country, the biosecurity officer shall take all necessary steps to inform the receiving country. PART VII - BIOSECURITY QUARANTINE 80.(1) The Minister may make regulations designating any land, public or private as a quarantine station for animals, animal products, plant or plant product. (2) , Before making regulations under this section, the Minister shall obtain the advice of the Director and consult the relevant ministries, departments, agencies or authorities, or statutory bodies or authorities. (3) Where any private land is designated as quarantine station, the Agency shall consult the owner of the land and pay compensation as agreed by the owner and the Agency and in case of disagreement, as determined by the court. 81.(1) The Director shall ensure that every biosecurity quarantine station is provided with such buildings and facilities as are reasonably needed (a) to hold regulated articles in biosecurity quarantine; (b) to prevent unauthorised persons from entering the station or removing items from the station; anq 339 Regulated articles and passengers in transit Designation of biosecurity quarantine stations Facilities at biosecurity qUaraIltine stations 340 Conditions of biosecurity quarantine Management ofbiosecurity quarantine stations Supplement to Official Gazette [28th April 2014] (c) to perfonn tests, provide treatment and apply other biosecurity measures as required by or Under this Act. (2) The biosecurity quarantine station shall be under the control of the Director. 82.( 1 ) The Agency may specify (a) the manner as to the safe handling, examination, treatment, destruction or other disposal of regulated articles while in a biosecurity quarantine station or in transit to or from such a station; (b) the period for which different types of regulated articles shall remain in a biosecurity quarantine station. (2) The fees or charges payable for keeping items in biosecurity quarantine station shall be as prescribed. (3) The cost of keeping a regulated article in bioseclltity quarantine station shallbe borne by the importer of the regulated article. 83.( 1) The Dir~ctor may issue written instructions to the person in charge of a biosecurity quarantine station for the management ofthe station. '(2) A biosecurity officer may, in order to reduce a biosecurity threat, lock, seal or otherwise prevent entry to and exit from a biosecurity quarantine station or any building in it, regardless ofthe ownership ofthe station. (3) A person, other than the person in charge of a biosecurity quarantine station or a biosecurity officer acting in the course of that officer's, ~uty, shall not enter the station without the written pennission of the Director or of the person in charge of the station. ' [28th April 2014] Supplement to Official Gazette (4) Aperson who (a) enters a biosecurity quarantine station without pennission contJ:'ary to subsection (3); or (b) damages, interferes with or in any way reduces the effectiveness of measures taken to secure a biosecurity quarantine station, or any regulated article or other item in the station, . commits an offence. . 84.(1 ~ A biosecurity officer may affix a notice on any blOse~unty quarantine station,. and on any conveyance, con~mer or re~l.ated article held in biosecurity quarantine, statmg the condItIons and duration of quarantine and other infonnation relating to the s~tion or the conveyance, container or regulated ~cle as specified by the Agency. (2) A person who removes a notice affixed under . subsection (1) without lawful authority commits an offence. 8~.(1) A biosecurity officer may, by notice in writing to the Im~rter ~f a r~gulated article, order into biosecurity quarantme any JUcommg ~gulated article, if-· (a) the regulated article is one the importation of which is prohibited under section 58(3) (a); (b) quarantine is a biosecurity import requirement for the regulated article; or (c) during biosecurity entry inspection under section 75 or biosecurity import clearance inspection under section 76 the regulated article is found or suspected to be, infested, infected or contaminated. Biosecurity quarantine notices 341 Biosecurity quarantine of regulated articles 342 Moving of regulated articles to biosecurity quarantine station Release from biosecurity quarantine , Supplement to Official Gazette [28th April 2014] (2) Where a regulated article is ordered into biosecurity quarantine under this section, the importer shall be given written notice stating the reasons for the order. 86.(1) Where a regulated article is ·ordered into biosecurity quarantine under section 85, a biosecurityofficer may (a) in writing, direct the importer to move the regulated article to a specified biosecurity quarantine station; (b) if the importer fails or refuses to obey the direction, or because of the nature of the biosecurity threat, arrange for the regulated article to be moved to a biosecurity .' quarantine station. (2) An importer who refuses to move a regulated article to biosecurity quarantine as directed under this section commits an offence. (3) The cost of moving a regulated article to biosecurity quarantine shall be borne by the importer of the article. . . (4) . Where a regulated article ordered into biosecurity quarantine is moved under subsection (1 )(b), the importer shall be given written notice stating the location of the regulated article. 87.( 1) A conveyance, container or regulated article shall not be released from biosecurity quarantine except upon the issue of a biosecurity quarantine release certificate by a biosecurity officer. (2) Before a biosecurity quarantine release certificate js issued under subsection (1) .---------.. - .. -------~-------... ---~ [28th April 201 Supplement to Gazette (a) any treatment required as a condition of importation of the regulated article must have been applied; and (b) all quarantine fees must have been paid .. (3) Where a biosecurity officer is satisfied that subsection (2) has been complied with, the biosecurity officer shall issue a biosecurity quarantine release certificate and .. release the conveyance, container or regulated article from biosecurity quarantine as soon as practicable. (4) A person who releases a regulated article from a biosecurity quarantine station contrary to subsection (1) commits an offence. 88.(1) A person shall not release or cause to be released from a biosecurity quarantine station, biosecurity port· quarantine area, or biosecurity holding area or let go at large in Seychelles any animal, plant or organism which is subject to biosecurity control under this Act. . (2) In cases where a person contravenes subsection-( 1) (a) the animal, plant or organism may be recaptured and confined and ifnecessary destroyed in accordance with section 39 and Part VIII; (b) (c) that person commits an offence and, in addition to the prescribed penalty, shall be liable to pay the costs of recapturing, confining or destroying the animal, plant or organism; and that person shall not be entitled to any compensation for loss of or damage to the animal, plant or organism occasioned by it<.; being recaptured, confined or destroyed. 343 No plant or animal to be at large 344 Order to conduct pest and disease surveys Powers in relation to pesta.qd disease surveys Supplement to Official Gazette [28th April 2014] PART VIII - BIOSECURITY INTERNAL CONTROL 89. The Agency may, on the advice of the National Biosecurity Committee, by order, direct a survey to be conducted of (a) any area of Seychelles, to ascertain the status of pests and diseases in the area and the biosecurity risk of moving animals, plants, humans or organisms into, out of, or through the area; (b) a particular pest or disease, to monitor that pest or disease. 90.( I) A biosecurity officer may, for the purposes of a survey conducted under section 89 (a), in the area to be surveyed, or for the. purposes of a survey conducted under section 89(b), in any area where the pest or disease is found (a) enter any land, premises, building or area including biosecurity approved premises but , not a dwelling house, 'and inspect such land, premises, building or area and any equipment found in' or on them; (b) take photographs and films and make drawings; (c) inspect animals and plants and their products; . (d) question any person; (e) collect specimens and perform tests relating to animals, animal products, plants, plant products, land, water and the'environment. (2) The biosecurity officer may, direct the owner or person who has custody or control of an animal or plant [28th April 2014] Supplement to Official Gazette ( a) in the case of a survey under section 89( a), in the area to be surveyed; or . (b) in the case of a survey under section 89(b), in the area where the pest or disease is found . ' to make such animals or plants available for inspection at places designated by the Director. . (3) A person who refuses, in the course of a survey under section 89 - . (a) to permit a biosecurity officer to enter any land, premises, building or area and inspect such land premises, building or area or any equipment in or on them, as reasonably required, in contravention of subsection (1)(a); (b) to answer to the best of that person's knowledge and ability, oral or written questions, reasonably put to the person by a biosecurity officer, in contravention of subsection (1)( d); (c) to pennit a biosecurity officer to collect specimens or perform tests as reasonably required, in contravention of subsection (1)( e); (d) to make animals or plants in the ownership, . custody or control of the person available for inspection as required under subsection (2). commits an offence. 91. The Agency may, in compliance with international agreements, provide for the publication and transmission of the results of a survey under section 89 to other interested governments and organisations. I 345 . Publication and transmission of survey results 346 Powers of entry, search and seizure where presence of • regulated pest or disease is suspected Supplement to Official Gazette [28th April 2014] 92.(1) Where a biosecurity officer reasonably suspects the presence of a regulated pest or disease, the officer may (a) at any time stop, board and search any conveyance; (b} (c) (d) at any time enter and search any premises, building or area, including a biosecurity holding area, biosecurity quarantine station or biosecurity approved, premises and land including land adjacent to a dwelling house, but not a dwelling house; at any time, with the consent of the owner, enter and search a dwelling house for animals, animal products, plants and plant products; at any time, on a warrant issued under subsection (2), enter and search a dwelling­ house for any'regulated pest or disease or regulated \article that the iofficer reasonably suspects to be in the dwelling house and to pose a biosecurity threat to Seychelles. \ '(2) Where on an appli~ation made to a Magistrate, for a watTant authorizing a biosecurity officer to enter and search a dwelling house, the Magistrate is satisfied on affidavit sworn 'by that officer that (a) (b) there may be in ~he dwelling house, a regulated pest or disease or regulated article that poses a biosecuiity threat to Seychelles; and the consent of the pwner or occupier to enter and search the d~elling house cannot be obtained, [28th April 2014] Supplement to Officia} Gazette the Magistrate may issue a warrant authorising the officer to enter and search the dwelling house for the regulated article. (3) During a search under this section, a bioseduity officer may seize anything which - , (a) (b) is a regulated article which the officer reasonably suspects poses a biosecuri~, \ threat to Seychelles; or may be used as evidence of the commission of an offence under this Act. (4) A biosecurity officer who seizes anything from a person under subsection (3) shall- ' (a) (b) give to the person a notice of seizure in the prescribed fonn containing a description of the thing seized and infomiing the person of the reason for the seizure; and , move the thing seized to a place Of safekeeping and deal with it in accordanc~ with this Act. , \ 93.(1) Where an animal; animal product, plant or plant product in Seychelles is suspectedof;being infected or infested by a regulated pest or disease, a biosecurity officer may (a) direct that the animaL, animal product, plant or plant product be detained and confmed in a place specified by the Director, for tests to be conducted on t~at animal, animal product, plant or plant product; and -! (b) specify the manner i~ which the animal,. animal product, plant or plant product is tol be detained and confmed. 347 Detention and testing of animals, plants and their products suspected of being infested by regulated pest or disease • 348 ! ' Suppl~ment to Official Gazette [28th April 2014] ! (2) The owner, or custodian of an animal, animal pro<iluct, plant; or plant product detained pursuant to subsection (1), ~hall be given a written notice stating the reasons for the detention. , \ ( (3) Abiosecurity officer may test, or cause to be tested aD. animal, animal product, plant or plant product detained PFsuant to subsection (1), and such tests may include ! .;. I i (a) the taking of samples in accordance with section 35, with such modifications and adaptatiQns tp that section as ar~ necessary; (b) the conduct of a post mortem examination in accordance with section 96. ,: (4) Where after testing an animal, animal product, : plant orplairt product purs}lant tosubs.ection .(3), the animal, at;linital product; plant or pl,imt product IS consIdered to pose.a bioSecurity threat to Seychelles, the officer may furt~er detam it iri the place specified by the Director under sUbs~ctl0n (1) for b,A osecuritymeasures to be t~en in respect of it, but only for so long as is required for sU,ch measures to be taken. Mom, of (, 94.(1) Where an anjmal. anima1 product, plant or plant animal$, plants ,ptoduct is to be detained under sectIOn 93, a bIOsecunty officer E~lEEd of ! may,.:..- ( a) direct fhe owner or custodian of the animal, being infested / animal product, plant, or plant product to by regulated pest or disease move it to the plade specified by the Director ~f~~~~f j un~r section93(1);or (b) I if (the owner or custodian of the animal, a~imal product, plant or plant product refuses to obey a direction under paragraph (a), or ,because of the nature of the b;ibsecurity threat, arrange for the, animal, af\imal product, plant, or plant prod oct to be '[28th April 2014] , Supplement to Official Gazette moved to the place specified by the Director under section 93( 1), and if the animal, animal product, plant or plant product -is , moved under paragraph (b), its owner pr custodian shall be given a written notice stating the place towhich it was moved \ . (2) The cost of moving an anim~l, animal product, plant or p~ant product to, an~ its detention i~ a place specified by the DIrector under seCTIon 93(1), shal be borne by the Government, and its owner shall be entitle to compensation for damage to or destruction.of such animal\animal product, plant or plant product excluding consequenttaVoss, caused as a result of any such moving or detention. \ 95. Section 83 shall apply, with such odifications, or adaptations as are necessary, to places spec·fied by the Director under section 93(1) for the detention f animals, animal products, plants or plant. products, as the apply to biosecurity quarantine stations. 96.( I) Where a biosecurity officer examining an imal pursuant to section 93(3)(b) suspects that the amm is diseased and considers a post mortem examination is necessary to establish a diagnosis, the officer' may, on t written authority of the Director, and without the consent 0 the owner (a) cause a post mortem examination to be conducted to decide whether the animal is diseased; and (b) obtain specimens from the animal for laboratory examination and diagnosis. (2) The results of an examination conducted , pursuant to subsection (1) and of any laboratory reports resulting from the examination shall he provided in writing to 349 Management ofp\aces of detention Postmortem examination of animals suspected of being infected by regulated disease \ \ \ \ \ / 350 Treatment of animals, plants and their products suspected of being infested by regulated pest or disease Destruction of animals, plants aJ;Id . their products suspe<;ted of being infested by regulated pest or disease / / I . I I I Supplement to Official Gazette [28th April 2014] the Director and ifthe owner of the animal can be identified and located, to the owner. 97. Where a treatment is available to eliminate or reduce to an accepta~le level the biosecurity threat posed by an animal, animal proquct, plant or plant product that has been detained under sectfn 93, a biosecurity officer may (a) ~ith the consent of the owner or custodian of the animal, animal product, plant or plant product administer or cause to be administered, such treatment, to the animal, animal product, plant or plant product; and after treatment administered under paragraph (a), release the animal, animal product, plant or plant product, to its owner or custodian. 98.( \ A biosecurity officer may order an animal, animal produ t, plant or piant product detained under section 93, to be destr yed if-' (a) (b) in the opinion of the biosecurity officer, appropriate treatment is not available in Seychelles; in the opinion of the biosecurity officer, there would still be a biosecurity risk after treatment; or (c) the owner or custodian of the animal, animal product, plant or plant product does not consent to the treatment being administered, and notice of any action to be taken under this subsection shall be given, in writing, to the owner or custodian of the animal, .. --~~----------------.. ---------. [28th April 2014] Supplement to Official Gazette animal product, plant or plant product before such action is taken. (2) Subject to section 99, section 39 shall apply to the destruction of animals, animal products, plantS' and plant products under this section, with such modifications or adaptations as are necessary to that section. 99.(1) The cost of the treatment under section 97 or destruction under section 98 of an' animal, animal product, plant or plant product shall be borne by the Government. (2) The owner of an animal, animal product, plant or plant product destroyed under section 98 shall be entitled to compensation excluding consequential loss for such destruction from the Government. 100.(1) Th~ Minister may; on the advice of the Agency, Chief Veterinary Officer, Chief Plant Protection Officer and the National Biosecurity Committee, by notice published in the Gazette, declare (a) the land or premises in any area of Seychelles on which an animal or plant 'which is infested by a pest or disease is found; and . (b) an area adjacent to the land or premises referred to in paragraph ( a), where necessary to effectively contain the infestation referred to in that paragraph, to be an infested biosecurity controlled area in respect of that pest or disease, if the powers in sections 90 to 99 are inadequate to control the outbreak ofthe infestation. (2) Except with the permission of it biosecurity officer and in accordance with any conditions reasonably imposed by the officer; no animal, animal product, plant, plant product, < fodder, fitting or other thing specified in an order under this 351 Cost of treatment and destruction Declaration of infested biosecurity controlled area 352 Power to enter infested biosecurity controlled area Regulation of infested biosecurity oontrolled areas Supplement to Official Gazette [28th April 2014] section, shall be moved out of, into or within an infested biosecurity controlled area, pending. the making of an order under section 102. (3) • A person who contravenes subsection (2) commits an offence. (4) Subsection (3) ceases to have effect upon the coming into force of an order under section 102. 101. A biosecurity officer may enter into an infested biosecurity controlled area, at any time, in order to ascertain the statu~ of a regulated pest or disease. 102.(1) The Agency may, by order (a) direct, in an infested biosecurity controlled area (i) the treatment or disposal of diseased animals ap.d plants; (a) the destocking, cleaning, disinfecting or other treatment of land, premises and conveyances; (iii) the inspection and treatment of regulated articles in or entering or leaving the area; (iv) any other blosecurity measures the Agency cOlisiders necessary to control the infestation; (b) control, in respect of an infested biosecurity controlled area (i) the movement of animals, animal products, plants, plant products or other regulated articles into, out of or withi~ the area; [28th April 2014] Supplement to Official Gazette (ii) the movement of humans and conveyances into, out of or within the area; (iii) any other activity that the Agency considers necessary to be controlled to prevent the movement of host material into and out of the area. (2) A person who contravenes a provision of an order made under subsection (1) commits an offence. 103.(1) The cost of the treatment of an animal, animal product, plant or plant product or other a regulated article or destruction of an animal or plant under -section 102 shall be borne by the Government. (2) The owner of an animal or plant destroyed under section 102 shall be entitled to compensation excluding for consequential loss, for such destruction, from the Government. 104.(1) The Minister, may, on the advice of the Director, Agency, Chief Veterinary Officer, Chief Plant Protection Officer and the National Biosecurity Committee may, by notice published in the Gazette, declare any area of Seychelles, where a particular regulated pest or disease does not occur, so far as is known, and where incursions of that pest or disease should be prevented, to be a pest-free biosecurity controlled area in respect of that pest or disease. (2) The Minister may, on the advice of the Director, Agency, Chief Veterinary Officer, Chief Plant Protection Officer and the National Biosecurity Committee, amend or revoke a notice made under subsection (1) where there is any change in the pest free status of-the area declared under that subsection determined as a result of a survey conducted under sectIon 89. 105.(1) The Agency may, by order, in respect ofapest-free biosecurity controlled a~ea 353 Cost of treatment or destruction and compensation Declaration of pest free biosecurity controlled areas Regulation of pest free biosecurity controlled areas ! I I I .. 354 Destruction of wild, feral or stray animals Supplement to Official Gazette [28th April 2014] (a) control the movement of regulated articles, humans and conveyances into, out of, and within the area; (b) direct the inspection and treatment of regulated articles in or entering or leaving the area; (c) establish surveillance procedures for particular pests or diseases in the area. (2) . An order under subsection (1) shall only be made for the purpose of preventing incursions into the pest-free biosecurity controlled area of the particular pest or disease in respect of which the pest-free biosecurity cQntrolled area is declared. (3) A person who contravenes a provision of an order made under this section commits an offence. (4)· The Agency may institute other measures to keep the pest-free biosecurity controlled area free of the particular pest or disease in respect of which the pest-free biosecurity controlled area is declared. 106.(1) Where the Agency has reason to suspect that a wild, feral or stray animal is carrying a regulated pest or disease, the Agency may, in order to prevent the pest or disease from being established or spreading in Seychelles, cause the animal to be destroyed. (2) Before taking any action under subsection (1), the Agency shall consult with the Chief Veterinary Officer or Chief Plant Protection Officer; the National Biosecurity Committee, the Department of Environment, authority responsible for public health and any other relevant technically competent persons. [28th April 2014] . Supplement to Official Gazette (3) The carcass of an animal destroyed under subsection (1) shall be disposed of in a manner that will not . create the risk of the spread of any regulated pest or disease. 107.(1) The Director may, authorise· the release of beneficial organisms in Seychelles. (2) Before authorising a release under subsection (1), the Director shall obtain the advice of the Agency, Chief Veterinary Officer, Chief Plant Protection Officer and the National Biosecurity Committee as to the biosecurity risk posed by the release and ensure that authorisation has been obtained from· the authorities responsible for agriculture, fisheries, environment and natural resources. (3) An authorisation under subsection (1) shall identify (a) the organism; (b) the purpoSe for which the organism is utilised; (c) where the purpose for which the organism is utilised is the control of a pest, disease or invasive alien species, that pest, disease which it is intended to control; (d) (e) (f) the area where it may be released; the period during which it may be releaSed; the person or persons who may release it; and (g) any condition subject to which the authorisation is granted. (4) The Agency shall record in the biosecurity register 355 Beneficial organisms and Biocontrol agents .a 356 Declaration of biosecurity emergency area Display of notice of declaration Revocation and expiry of declaration Supplement to Official Gazette [28th April 2014] (a) the names of any beneficial organisms released under this section; and (b) the I?lace and extent of release of such organisms. PART IX - BIOSECURITY EMERGENCIES 108.( 1) The Minister may, if satisfied that a biosecurity emergency has arisen in the whole or any part of Seychelles, by notice published in the Gazette, declare the whole of, or that part of Seychelles in which the emergency has arisen, a biosecurity emergency area. (2) The Minister shall seek the advice from. the Agency, Chief Veterinary Officer, Chief Plant Protection Officer and the National Biosecurity Committee before taking action under subsection (1). (3) Abiosecurity emergency area may inClude an area where an animal or plant is found to be infested with or infected by a regulated pest or disease, and any area that is adjacent thereto, to the extent reasonably necessary. . 109. The notice of declaration of a biosecurity emergency area under section 108 shall be displayed in a conspicuous maImer, throughout the area and in the notice board. ' 110.(1) A declaration of a biosecurity emergency area under section 108 shall be revoked as soon as the incursion or other biosecurity threat giving rise to the declaration is removed orreduced to an acceptable level. (2) A declaration of a biosecurity emergency area under section 108 expires 12 months after it comes into force unless ( a) revoked in accordance with subsection (1); or [28th April 2014] Supplement to Official Gazette (b) extended on or before that date, by notice published in the Gazette by the Minister on the advice of the Chief Veterinary Officer C~ief Plant Protection Officer, Agency:' DIrector, and where the Minister considers necessary after consulting the National Biosecurity Committee and the National Disaster Committee, but an extension under this paragraph shall not be for more than 6 months from the date on which such extension begins, unless the declaration is further extended in the same manner, before the end of that period. 111.(1) Where a biosecurity emergency area is declared under section 108; the Director shall undertake a. detailed survey, using the powers in section 89 and 90, to ascertain the precise. ex.~ent ~d s~verity ofthe incursion or other biosecurity threat which gIVe nse to the declaration, and determine the most appropriate measures to be taken in response. (2) In deciding which appropriate measure is to be tak~n in respons~ to a biosecurity emergency in respect of WhICh a declaratIOIi has been made under section 108 the D~~- ' (a) shall be guided by the Biosecurity Emergency Response Plan devised under section 6(1)(a) or any other contingency plan developed for a particular regulated pest or disease in respect of which the emergency is declared; (b) may consult and liaise with the National Disaster Committee. (3) The Minister may authorise payment of funds from the contingencies fund established under section 12(3) to 357 Response to biosecurity emergency ... 5 358 Powers in relation to a biosecurity emergency area Supplement to Official Gazette [28th April 2014] meet the costs of a response to a biosecurity emergency in respect of which a declaration has been made under section 108. 112.(1)- Where a biosecurity emergency area is declared under section 108 - ' (a) the Director may request the Commissioner of Police, any government ministry, department, agency or authority, or statutory body or authority to use their powers and resources to assist in the control or eradication of any pest or disease in the area; (b) the Directormay, request any conveyance or equipment which is reasonably considered necessary or useful for preventing, eradicating or limiting the spread of a pest or disease, for that purpose; (c) the Agency may appoint or designate , temporary additional personnel, whether or not having the powers ofbiosecurity officers, to effectively respond to the biosecurity emergency in respect of whi~h the biosecurity emergency area has been declared; (d) a biosecurity officer may, at any time, in order to ascertain the status of a pest or disease (i) enter and search any land,. premises, building or area, but not a dwelling house; (ii) with the consent ofthe owner, enter and search a dwellinghouse; (iii) on a warrant issued under subsection (2), enter and search a dwelling house. [28th April 2014] Supplement to Official Gazette (2) Where on an application made to a Magistrate, for a warrant authorising a biosecurity officer to enter and search ' a dwelling house, the Magistrate is satisfied on affidavit sworn by a biosecurity officer that-' ( a) it is necessary to enter a dwelling house to ascertain the status of a pest or disease; and (b) the consent of the owner or occupier to enter and search the dwelling house cannot be obtained, the Magistrate may issue a warrant authorising the officer to , enter and search the dwelling house. " (3) In a biosecurity emergency area, the Director may do or cause to be done any ofthe following (a) (b) (c) mark the boundaries ofthe area' , set up roadblocks at all entrances to and exits from the area; set up facilities for the cleansing and disinfection of all persons and conveyances entering or leaving the area and any other thing likely to spread any pest or disease; (d) disinfect all conveyances, crates, packaging, animals, plants and other things which are likely to carry pests or diseases and which are being sent out ofthe area; (e) inspect' and disinfect all persons and their possessions leaving the area so as to prevent any host material that may be infected from leaving the area; 359 ~----------------------~~~~.=,-=.-~.=== 360 Supplement to Official Gazette [28th Apri12014] (f) (g) for the purposes of paragraphs (d) and (e), detain- persons, animals, animal products, plants, plant products, goods and ,:e~ic~es for as long as is necessary to IIDmmlse or eliminate the biosecurity risk presented by them; perform ~urveillance activitie~ to ascertain the extent and status of the emergency. (4) Apersonwho (a) (b) (c) resists, knowingly obstructs, or knowingly and without reasonable excuse fails to comply with a direction of the, Director, a biosecurity officer, a police officer or other person perfonIling duties under this section; knowingly enters or leaves a biosecurity emergency area, except with and in accordance with the written permission of the Director or a biosecurity officer, or knowingly moves any regulated article out of or into a biosecurity emergency area, or from one place to another within that area, except with and in accordance with the written permission of the Director or a biosecurity officer, commits an offence. (5) Regulated articles moved in contravention of subsection (4)( c) may be seized by a biosecurity officer and (a) held pending criminal proceedings for the contraverition; <)r (1)) if necessary, to remove a biosecurity threat, destroyed as the Director directs, without an order by the court. ~---~ [28th April 2014] . Gazette " 113.(1) The cost of treatment or destruction of any ,·.regulated article under section 112(3)and (5) shall be borne by government. . (2) ~he owner of any land, premises, conveyance or . regulated artIcl~ that is used, lost, destroyed or damaged as a result of any actIOn taken under section 112 shall be entitled to compensation excluding for consequential loss. , . 114.( 1 ) T?e M~nister may, on the advice. of the Agency, make regulatIOns ill respect of a biosecurity emergency declared under section 108. (2) Regulations made under subsection (1) shall­ (a) come into force on the day on which a biosecurity emergency declaration under section 108 is published in the Gazette· . , (b ) ~apse upon the revocation or expiry of the declaration or any extension of such declaration; (c) come into force again if a further declaration is made under section 108. 115.(1) Regulations made under section 114 may in respect of a biosecurity emergency area ' (a) create one or more exclusion zones within the area and control the movement of conveyances, humans, animals and plants and host material into, out of and within such zones; (b) (c) prohibit specified activities in the area· , provide for the destruction or treatment of specified goods and the treatment ofland in the area; 361 Cost of treatment or destruction and compensation Biosecurity emergency regulations Matters' for which biosecurity em~rgency regulations may provide I ~----------------------------------~~-------------------------------~ 362 Supplement to Official Gazette [28th April 2014] (d) (e) regulate the use of the area for a specified period after the lifting of emergency restrictions; generally, specify the conditions which apply to the area to control the biosecurity emergency. (2) Regulations made under subsection (1) may (a) (b) (c) (d) confer on the Director and on biosecurity officers powers additional to those conferred by this Act and reasonably required to deal with the emergency; prescribe the measures to be adopted in respect of any item which is infected, infested or contaminated including its disposal, destruction and treatment; require the cleansing or disinfectililg· of soil, conveyances, machinery, tools" equipment, clothing, footwear or other things which may have come into contact with infected, infested or contaminated items; prescribe measures to be taken. to prevent pests and diseases from spreading, i.,.cluding but not limited to cleansing of homes and utensils, removal of stagnant water and disposal of garbage; (e) prohibit or restrict the use of any seaport or airport, or any facilities at any seaport or airport, situated within a· biosecurity emergency area, to the extent specified. (3) Regulations made under subsection (1) may create offences for contravention of such regulations, andin.respect of [28th April 2014] Supplement to Official Gazette any such offence, provide for a penalty of a fme not exceeding SCR50,000 or imprisonment for a term not exceeding 2 years or both such fine and imprisonment. 116. Where an action is taken under Biosecurity Emergency RegulatioI1s made under section 114 363 Cost of treatment or destruction and (a) the cost of treatment or destruction of any compensation regulated article shall be bome by the . Government; and (b) the owner of any land, premises, conveyance or regulated article that is used, lost, destroyed or damaged shall be entitled to compensation excluding for consequential loss. PART X - BIOSECURITY EXPORT PROCEDURES . 117.( 1) A regulated article or consignment of regulated artiCles intended for export to an importing country (a) for which the importing country requires a sanitary or phytosanitary certificate for importation of the reguhited article or consignment into that country; or (b) for which other biosecurity measures specified by the Agency under section 121 are required to be taken in respect of the regulated article, or consignment before being exported to that country, shall have biosecurity' export clearance for export to that country. (2) A pers~n who exports or attempts to export a regulated article or consignment of regulated articles that requires biosecurity export clearance without such clearance commits an offence. Requirement for ,biosecurity export clearance ~~--------------------~--~-----------------~ I' 364 Application for biosecurity export clearance Inspection and application of biosecurity measures Supplement to Official Gazette [28th April 2014] 118.(1) A person who intends to export regulated article or consignment of regulated articles, which requires biosecurity export clearance for export to the importing country in accordance with section 117, may make an application for biosecurity export clearance of the regulated article or consignment of regulated articles. (2) An application for biosecurity export clearance under subsection (1) shall (a) be made to a biosecurity officer, in the manner specified or approved by the Agency; (b) specify the importing country; (c) specify the nature and quantity of the regulated article or consignment of regulated article; and (d) be accompanied by the prescribed fee, if any. (3) An application for biosecurity export clearance of a regulated article or consignment of regulated articles under subsection (1), shall be, made sufficiently before the time the regulated article or consignment of regulated articles arrives at a biosecurity point of departure so as to allow 'for processing of ~e application. ' 119.(1) Where an application for biosecurity export clearance is made under section 118 in respect of a regulated article or consignment of regulated articles, the biosecurity ?fficer .shall carry out or cause to be' carried out appropriate Inspection of, and apply appropriate biosecurity measures to, the regulate4 article or consignment of regulated articles as required by the importing country or as required under section 121. (2) An inspection in respect of a regulated article or consignment of regulated articles - - . [28th April 2014] Supplement to Official Gazette (a) for which the importing country requires a sanitary or phytosanitary certificate for importation of the regulated article or consignment of regulated articles into that country, shall be carried out in accordance with procedures specified by that importing country; (b) for which biosec'urity measures Specified by' the Agency under section 121 are required to be taken in respect of the regulated article or consignment of regulated articles before being exported, shall be carried out in accordance with'procedures specified or ' approved by the Agency. (3) A person making an application for biosecurity expo~ clearance shall submit the regulated article' or conSIgnment of regulated articles in respect of which the application is m?de for inspection' or other biosecurity measures as prOVIded by subsection (l) failing which such clearance may be refused. (4) An inspection under this section shall not apply to baggage accompanying passengers or crew members. . ~20.(1). Wh~~e the iss~e of a. sanitary or p~ytosanitary certIficate IS reqUIred by an Importmg country for Importation of a regulated article or consignment of regulated articles into that country, and ifthe pirec~or is satisfied that the sanitary and phytosamtary certifIcation requirements and other requirements and conditions of the importing country have been met, he may issue the appropriate certificate upon payment of the prescribed fee. (2) A sanitary or phytosanitary certificate issued under subsection (1) shall be in a form approved by the Agency based on the requirements ofthe importing country. 365 Issue of sanitary and phytosanitary certificates 366 Biosecurity export requirements Supplement to Official Gazette [28th April 2014] (3) A sanitary or phytosanitary certification requirement of an importing country in respect of a regulated article shall be entered in the biosecurity register. (4) A sanitary or phytosanitary certification requirement entered in the biosecurity register ( a) if certified by or on behalf ofthe Director, is conclusive evidence of the requirement for the purposes ofthis Act; but (b) does not create any liability on the Government, Agency or the Director if relied on by an exporter to the exporter's detriment. 121.(1) The Agency may specify biosecurity export requirements in respect of an outgoing animal, animal product, plant or plant product or any other regulatedarticie including sanitary and phytosanitary certification requirements and any biosecurity measures of the importing country that shall be applied to the animal, animal product, plant or plant product or any oth~r regulated article, before export. (2) Biosecurity export requirements under subsection (l)may-.·. ( a) only be made, if required by an international agreement to which Seychelles and the importing country are party in respect of the movement of animals, animal products, plants or plant products or any other regulated article and must conform to any such agreement; (b) be changed at any time before biosecurity export clearance is granted, if there is a . change in the relevant international obligations relating to the animal, animal product, plant or plant product or any other regulated article: [28th April 2014] Supplement to Official Gazette Provi~ed that ~otice of such a change shall be gIven to mtending exporters as soon as practicable. . (3) The Agency shall obtain the advice of the Chief Vetenn~ry Officer or Chief Plant Protection Officer as appropnate b~fore making a biosecurity export requirement under subsectIOn (I) or changing it under subsection (2(b )). ~4) Biosecurity export requirements made under . subsecho?, (1), shall be entered in thebiosecurity register and made avaIlable to the public for inspection. 122.(1) Where a biosecurity export clearance in respect .. of a regulat~d arti~le or consignment of regulated articles is .. granted, a btosecunty officer shall be satisfied - . (a) that. the. sanit~ry and phytosanitary certIficatIOn reqUIrements of the importing country have been complied with; (b) that biosecurity measures specified under section 119 in respect of an animal, animal product, plant or plant product have been applied; (c) that the prescribed fee, if any, has been paid~ Where an outgoing regulated article that requires export clearance is found to be infested with or or contaminated by a regulated pest or disease . clearance shall be refused. ' A decision to grant o~ refuse an applicatioli' for ',lO~;eC1Un1tv export clearance made under section 118 shall be to the applicant as soon as reasonably after the duly completed application is received wh~re s~c? clearance is refused, the applicant shall be ' ...... "".'" m wntmg of the refusal with reasons for such refusal. 367 Grant or refusal of biosecurity export clearance 368 Market access application Dereliction of duty by officers Supplement to Official Gazette [28th April 20 l~] 123. The Director may, on behalf of an exporter, make an application to the Government of an exporting country for market access with respect to any animal, animal produc4 plant, plant product or any other regulated article which is sought to be exported to the exporting country. PART XI- OFFENCES AND PENALTIES 124. A biosecurity officer commits an. offence if the officer (a) fails without reasonable excuse to perform any.ofhis or her duties under this Act; (b) disposes of a regulated article or other item . under the control of the officer other than in accordance with thisAct~ (c) (d) (e) (f) except fot purposes of this Act, discloses information of a confidential or commercial nature which has come into the officer's knowledge while perfurming functions under this Act; in the course of performing his or.;her:duties willfully intimidates or unlawfully assaults any person; in connection with his or her functions or duties solicits or accepts a gift or-bribe; or knowingly or recklessly makes a false or misleading statement, or issues a false or misleading certificate or other document, while purporting to perform his or her duties; [28th April 2014] s . ~~~~~~ ~~U~~~p~k~m~en~t~t~o~O~~~I~C~ia~I~G~a~z~e~tt~e ~ 125. A person c . ~ OllllllitS an offence if that person (a) willfully fails to comply with a lawful r~quest .~ade or direction given b a blOsecunty officer under this Act, Y , (b) ~owingly obstructs a biosecurity offic In the p~rformance of his or her functio er under thIS Act, ns , (c) . ~~saults.' or threatens to assault a IOdsec~ty officer performing functions un er thIS Act, , (d) (e) (f) (g) br~es a biosecurity officer in relation to the pe ormance of that officer's fun f under this Act' c IOns , makes a false or incomplete statement whether orally or in writing, in relation t~ a~y matter ~der this Act, intendin to mIslead a blOsecurity officer in gth performance of functions under this Act, e , knowingly or r~cklessly /jl \ 'I m~kes a declaration required under thIS Act which is false or misleading , or ' (iiJ Issues ~ ce~ificate required under this Act WhICh IS false or misleading; ~owin~ly ?r recklessly gives false or mIsleadIng Information to· a b' , ffi' IOsecunty o lc~r whtle the officer is performin functIOns under this Act. g Obstruction false • infonnation etc 370 Fraudulent use of official document Penalties Supplement to Official Gazette [28th April 2014J 126.(1) A person to whom a pennit or other document is given or issued under this Act commits anoffence if that person (a) forges or unlawfully alters the permit or document; (b) allows any other person to use or attempt to use.the permit or document for any purpose under this Act. (2) A person who, for the purposes of this Act, produces a document which is false or misleading, knowing it to be so, and intending another person to rely on it, commits an offence. (3) A person who uses or affixes an official stamp or seal required under this Act, without lawful authority and with intent to defraud or deceive, commits an offence. 127.(1) An individual who commits an offence under a section of this Act listed in column 3 of the Schedule shall be liable on conviction to the penalties listed in columns 4 and 5 of that Schedule. (2) A court may impose on an.individual any penalty for an offence up to the amount offine or period of imprisonment or both such imprisonment and fine listed in respect of the offence. (3) A body corporate that commits an offence shall be liable to a fme of five times the fine for the same offence if committed by an individual, as provided in the Schedule. (4) If a body corporate commits an offence m<ier this Act, every person who is a board member or director or otherwise concerned in the management of the body also commits the offence as an individual, unless the person proves (a) that the offence was committed without his or her consent or connivance; and [28th April 2014] Supplement to Official Gazette (b) that he or she exercised reasonable diligence to prevent the commission of the offence, having regard to the nature of his or her functions in the body corporate and to all the circumstances. 128.(1) A court convicting a person of an offence under­ this Act may, in addition to any other penalty imposed, order confiscation of any regulated article used in committing the offence, or, if the regulated article has been sold, the proceeds ofthe sale, be confiscated. (2) A regulated article or proceeds confiscated under subsection (1) shall be forfeited to the Republic and (a) proceeds so forfeited shall be paid into the Consolidated Fund; (b) a regulated article so forfeited (i) may be sold and the proceeds of its sale paid into the Consolidated Fund; or (ii) if it poses a biosecurity threat, shall be destroyed as directed by the Director. (3) For the purposes of subsection (1), "regulated article used in committing the offence" includes equipment, a conveyance and any other movable thing owned by the offender and used directly in the commission of the offence, but shall not include land or buildings and fixtures on land. (4) In deciding whether to order confiscation of any . regulated article or proceeds under this section, a court shall have regard to the principle of proportionality. 371 Forfeiture 129.(1) Where the Director, has reason to believe that a Fixed penalty person has committed an offence under this Act for which a fixed penalty is provided in column 6 of the Schedule, the • Ii 372 Supplement to Official Gazette [28th Apri12014] Director may offer. the person an opportunity to di.s'charge his or her liability to conviction for that offence by pay~ng the fixed penalty in accordance with subsection (3). (2) Where there are any goods liable t.~ confiscation ~n connection with the alleged offence, the Drrector may, III addition, seek the consent of the alleged offender for the forfeiture of such goods to the Republic. ' (3) The Director shall give a notice to the alleged offender in the prescribed form which shall (a) contain particulars of the alleged offence; , (b) (c) (d) (e) state the maximum penalty that a court could impose; state the fixed penalty that is proposed, the place where it is to be paid and the date by which it is to be paid; give 'particulars of any goods liable to confiscation in connection with the alleged offence, and state that if the alleged offender consents, such goods will be forfeited to the Republic, sold and the proceeds thereofpaid into the Consolidated Fund or if they pose a biosecurity threat, destroyed; contain a statement that, if the alleged offender does not wish to have a complaint of the alleged offence heard and determined by a court (i) the amount of the fixed penalty specified in the notice may be paid to the Registrar of the Supreme Court or any other person authorised by the Registrar within the time specified in the notice; and [28th April 2014] Supplement to Official Gazette (ii) the alleged offender may consent to the forfeiture of any goods liable to confiscation within the time specified in the notice. . (4) Where a person is given a notice under this section m respect of an offence (a) no proceedings shall be instituted for that offence before the expiry of the time specified in the notice for payment of the fixed penalty; (b) the person shall not be convicted of that offence if the ~erson p~ys the fixed penalty bef?re the exprry the tIme specified in the notIce for such payment and if in custody shall be released. . (5) In any proceedings, a certificate purported to be SIgned by the Director, stating that the payment of a fixed pen~lty was or w~s not received by a date specified in the certIficate, shall,.wIthout proof of signature, be evidence of the facts stated therem. . (6~ ~ayment .of a fixed penalty shall not to be regarded as an a~lsslOn of gUllt for the purpose of any civil or criminal proceedmgs. (7) The fixed penalty to which a body corporate is . ~~all b~ ~ve times the amount of the penalty for which an mdIvldualls hable for the same offence. PART XII - MISCELLANEOUS PROVISIONS 13.0.(1) A regulated article may be treated as abandoned and dIsposed of under this section if 373 Abandoned goods • 374 Supplement to Official Gazette [28th April 2014] (a) (b) (c) any fee or charge payable by a person ~d~r this Act in respect of the regulated artIcle IS not paid within 3 months of the notice of the fee or charge being served on the person; the regulated article is in a biosecurity holding area and is not removed from the area after biosecurity import clearance or biosecurity export clearance has been granted in respect of it, within a time specified in a notice served on the o~er, importer or exporter of the regulated artIcle; or the regulated article is in biosecurity quarantine and is not removed from a biosecurity quarantine station or biosecurity approved premises after the ~nd ?f. the quarantine period in respect of It, wIthm a time specified in a notice served on the owner or importer of the regulated article. (2) Aregulated article that has been abandoned may be destroyed, sold or otherwise disposed of in the manner prescribed under this Act. (3) The cost or" disposal of an abandoned regulated article is a debt due to the Government by the person who was the owner of the regulated article, and proceeds of any sale or disposal of an abandoned regulated article revert to the Government. paid (4) Where a fee or charge payable under this Act is not (a) the service for which the fee or charge is payable, if it has not been provided, may be withheld until the fee or charge is paid; (b) the service for which the fee or charge is ..; ijji ,: •. [28th April 2014] Supplement to Official Gazette payable, if it has been provided, may be recovered as a debt owing to the Agency; . and (cJ the fee or charge is in respect of an item in quarantine, the item may be sold once it has cleared 'quarantine, or otherwise be treated as abandoned goods. 375 131.( l) Except as otherwise provided in this A·ct, no Compensation compensation shall be payable for loss of or damage to any item as a result of any search, seizure, inspection, examination, sampling, testing, detention, treatment, quarantine or other biosecllrity measure taken under this Act. (2) Where this Act provides for payment of compensation in any circumstances (a) the compensation shall be claimed in accordance with the prescribed procedure. (b) the compensation shall be paid by Government. 132.( 1) There shall be established an Appeals Board. (2) The Appeals Board shall consist of the following members appointed by the President (a) a Chairperson; (b) a representative ofthe Attorney General; (c) a person having technical competence relevant to the functions ofthe Act. (3) The President shall appoint the Chairperson and members of the Appeals Board on such terms and conditions as the President may determine and the appointments shall be published in the Gazette. Establishment of Appeals Board 376 Review of decisions of biosecurity , officers and appeal to the Appeals Board Supplement to Official Gazette [28th April 2014] (4) The Chairperson and other m~mbers of the Appeals Board shall hold office for three years and are eligible for reappointment. (5) The President may at any time terminate the appointment of a member who has been found guilty of ( a) any misconduct, default or breach of trust in the discharge ofthat member's duties; or (b) an offence of such a nature as renders it desirable that the member's appointment be terminated. (6) The Appeals Board shall regulate its own proceedings. (7) The Appeals Board may appoint as advisor for a 'specific appeal a person whose specialised knowledge or experience is such that the person is able to assist the Appeals Board in its deliberations. 133.(1) A person dissatisfied by the decision of a biosecurity officer may apply for review of the decision to the Directorin such manner as may be prescribed. (2) A person aggrieved by the decision of the Director under subsection (1) or any other decision of the Director under the Act may appeal to the Appeals Board. ,(3) An appeal under subsection (2) may be filed in such manner as may be prescribed. (4) The Appeals Board may, where it entertains an appeal, decide the appeal by (a ) confirming the decision of the Director; (b) (c) (d) varying the decision; quashing the decision' , Gazette ordering to reconsider the Director's decision. ' (5) T~e ~ppeals Board. shall not vary any decision on techmcallssues by the Director. 134.(1 ) The Minister, the Agency, the Director, any o~~er o~ any other public officer shall not be f:' ?r clvIll~ lIable for an act done or omission made in alth 10 exe~clse of a power and in the performanc f runlCtlOln under thiS Act. eo a 135.(1) In any proceedings under this Act (a) a document purporting to have been issued b~ the. Minister, Agency, Director, a blOsecunty officer or other public officer for the purposes of this Act is presumed until the contrary, is proved, to have bee~ duly executed or signed by that person; (b) a copy of or extract from a document issued b~ the. Minister, Agency, Director, a blO~ecunty officer or other public officer, certlfied by the Director to be a true and ~orrect copy or extract is, unless the contrary IS proved ql ( '',I presumed to be a true and correct copy or extract; and ' ' /iil . (' / on ~ts production before a coUrt, prima ~acle proof of any matter contained in It. (2) In any proceedings under this Act Limitation of liability Evidence 377 378 Mode of service Supplement to Official Gazette [28th April 2014] (a) (b) a certificate,in a form approved by the Agency of the results of any test conducted on a regulated article, by the person who . conducted the test, may be tendered in evidence and is prima facie evidence of the facts stated in it; a certificate of analysis of a sample of any regulated article or thing may be tendered in evidence and is prima facie evidence of the facts stated in it if the procedure prescribed in relation to the taking and analysis of the sample has been substantially foHowed. (3) Section 24 shall govern the evidential status of the biosecurity register and records kept under this Act. . 136.(1) Subject to subsection (2), a notice or other document required by this Act to be given or served shall be eflected (a) (b) by personal service on the person; or by registered post to the address of the person given to the Director, in which case service is presumed to have been effected two days after posting. . (2) A notice required to be given by this Act may, where approved by the Director, be given electronically and a printed copy of an electronic record of a notice, given or received by electronic means shall be prima facie evidence of the giving ofthe notice ifthe record purports to have been made at the time of sending or receipt of such notice. Regulations 137.(1) The Minister may make regulations not inconsistent with this Act for the effective implementation of this Act and the performance of functions under this Act. 2014] Supplement to Gazette (2) Without limiting subsection (1) or affecting any regulation making power in this Act, regulations made by Minister may ( a) provide for protection of animals within the scope of this Act; (b) provide for protection of plants within the scope of this Act; (c) provide for the prevention of entry and establishment, control, spread and management of pests, diseases and invasive alien species in Seychelles; (d) specify fees and charges for the biosecurity services provided by the Agency; (e) specify the method of taking and analyzing samples, recording the results and disposing of the samples; (f) (g) specify the manner of disposal of abandoned goods under section 130; specify the procedure for claiming compensation, and the rates payable, pursuant to section 131 ; (h) regulate the procedure on review and appeal under section 133; (i) provide for t11~ de-ratting of vessels, and the form of de-ratting certificate; G) regulate. the disposal o{ garbage so as to minimise any biosecurity risk; (k) provide for the electronic filing of dec1ru:ations and applications required by 379 380 Supplement to Official Gazette ! [28th April 2014] this Act and the ele~tronic keeping of registers; (1) specify the language of documents required by this Act; (m) specify the manner and language of markings on containers of incoming and outgoing regulated regulated articles; (n) specify the methods of handling, sealing, treating and disposing of containers of regulated articles; (0) provide for the placing and use of amnesty bins or other containers for regulated articles at points of entry; (P) subject to the approval of the civil aviation and maritime authorities, require a video film about biosecurity to be shown on all aircraft and vessels arriving in Seychelles and carrying passengers; (q) require treatment to be applied in respect of a vessel or aircraft befo,re it aIrives in Seychelles; (r) provide for, in compliance with Seychelles' obligations under any bilateral or multilateral agreement and consistent with this Act- " (i) any matter required to be prescribed or provided for under such agreement; (ii) any measures in addition to those p!'~"lded for under this Act, for the application of iui.~~~!~,:,!,~l ~t~ntil'lrds [28th April 2014] Supplement to Official Gazette and the implementation of requirements relating to biosecurity. (s) specify documents, notices and forms for use in connection with this Act, including the format of documents transmitted by electronic means;, (t) specify the procedures for applying for and issuing permits and other documents; (u) provide for any matter relating to the passenger arrival biosecurity declaration under, section 55 including the obligation of the master of a vessel or captain of an aircraft to ensure the distribution of such declarations and liability for failure to do so; (v) specify any other matter which this Act requires to be prescribed or which is necessary for carrying out or giving effect to this Act; , (w) make provision in respect of regulated pests and diseases declared under section 20 where this is necessary to protect plant and animal life and health in Seychelles.' ' (3) The Minister, after consultation with the Agency may, by regulation, amend the S('hedule. ' (4) Before making regulations under this section the Minister shall obtain the advice of the Agency and the N ati~nal Biosecurity Committee. (5) In making regulations under subsection (2)(w), account shall be taken of the World Trade Organisation 381 382 Repeals and savings A.ct 19 of 1981 Cap 171A s.1. 88 of2011 Supplement to Official Gazette [28th April 2014] Agreement on the Application of Sanitary and Phytosanitary Measures and any other applicable international or regional standard. (6) Regulations made under this section may create offences for breaches of such regulations and prescribe maximum penalties not exceeding a fine of twenty thousand rupees or imprisonment for a term not exceeding two years. (7) The matters to be prescribed under subsection (2)(s) and (t) shall be entered in the biosecurity register, published in any operations manual provided· to biosecurity officers pursuant to section 6 (1)(b) and made available to the public for inspection. 138.(1) The following Acts and Order are repealed- . ( a) Animals (Diseases and Imports) Act; (b) Plant Protection Act; (c) Plant Protection and Veterinary Services (Biosecurity) Function Order. (2) Statutory instruments made under the Acts repealed by subsection (I) that could be made under this Act except for any requirement for advice or consultation., continue in force as if made under this Act until amended, replaced or repealed under this Act, unless and to the extent that (a) the matter is l'fcvided for in this Act or any statutory instruments made thereun4er; (b) the statutory instrument is incon"~ent with the provisions of this or any other Act. (3) Provisions of statutory instruments made under the Acts repealed under subsection (1) dealing with the treatment of animals, animal pro..-!~:~~, !,lants and plant products on arrival in, and before export from Seychelles [28th April 2014] Supplement to Official Gazette (a) are deemed 'to have been made by the Director as biosecurity import conditions under section 70 'or biosecurity export requirements specified by the Agency under section 121; (b) may be' varieci by the Director or Agency under those sections; (c) if included in a biosecurity register are· governed by section 23 as to their . evidential value. 139.(1) Permits equivalent to biosecurity import permits issued under any provision of the Acts. repealed under subsection (1) of section 138 remain in force until they expire in accordance with their terms, or until revoked in accordance with this Act. (2) Delegations, directions, notices, agreements and other administrative actions or decisions issued or made under the Acts repealed under subsection (1) of section 138 which could be issued or made by officers exercising equivalent functions under this Act continue to have effect as if issued or made under this Act until varied or revoked under this Act. (3) Any bond, agreement, instrument or arrangement to which the Government is a party subsisting immediately before the commencement of this Act and relating to the biosecurity functions of the Government continues to have effect after that date and is enforceable by or against the Government as if it had been entered into under the provisions ofthisAct. (4) Any action, arbitration, proceeding or cause ~f action that relates to a biosecurity function of the Government and that iriunediately before the commencement of this Act is pending or existing by, against or in favour of the Government, or to which the Government is a party, may be continued and enforced under the provisions ofthis Act. 383 Transitional provisions J 384 conse<}uential amendments Relationship with other Acts [28th April 2014] Supplement to Official Gazette 140.(1) A reference in another Act to any of the Acts repealed under subsection (l) of section 13 8, shall to the extent possible, be read as a reference to this Act. (2) A reference in another Act to an inspector, authorized officer, a quarantine officer, animal health inspector, veterinary officer, veterinary health officer, plant inspector, plant protection officer or animal health officer under any of the Acts repealed under subsection (1) of section 138 shall to the extent possible; be read as a reference to the Agency, Director or a biosecurity officer exercising equivalent functions under this Act. . 141.(1) This Act is in addition to and does not derogate from any other Act and in particular, but without limiting this subsection (a) the provIsIons of Part IV relating to biosecurity port quarantine of vessels and aircraft shall not displace any provision of any other· Act relating to I quarantine of vessels and aircraft; (b) the requirements relating to imports in Part VI and exports in Part X shall not displace any other statutory requirements relating to imports and exports, customs, trade in endangered species1 biosafety, biodiversity or environmental Acts generally. . (2) To the extent of any inconsistency between this Act and any other Act, every other Act shall so far as possible be construed so as to fulfill the purpose of this Act. [28th April 2014] Supplement to Official Gazette 385 It em 1. 2. 3 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. I-. . 16. ~ ~. IS. 19. [Sections 127 and 129] SCHEDULE MAXIMUM PENALTIES AND FIXED P ENALTIES Section Offence Fine Imprisonment FP(SCR) (SCR) -(years) 20(3)(a) Imp?rtation of prohibited pest or disease 100,000 5 20,000 20(3)(b) ~porta!ion of regulated pest or disease In breach of conditions 100,000 5 20,000 .. -20(3)(c) P~opagation of regulated pest or dIsease 20,000 3 Na 21(4) Fai~ureto notify occurrence of 5,000 6 months 21(6) no~diable pest or disease .. Na FaI~ure of master or captain to ~~tIfy oc.currence of notifiable 100,000 5 20,000 est or dIsease etc. 2S(3)(a) Failure to surrender 10,000 1 500 identification 28(3)(b) Forging or altering of 25,000 2 2,000 identification etc. . 31(5) Failure to make premises etc available . 20,000 2 2,000 33(4)(a) Refu.sal to unpack or break up . consignment etc. 10,000 1 Na 35(3) Refusal to allow samples to.be 10,000 1 Na taken or provide samples ~0(5)(a) Refusal to answer questions 10,000 1 Na 40(5)(b) Refusal to submit to search 10,000 1 Na 43 (2)(a) E~tering port quarantine area WIthout permission 50,000 3 5,000 43 (2)(b) Interference with port 50,000 3 5,000 quarantine area etc. 44(2) Re~oval of port G.~arantine 50,000 3 notIce 5,000 45(4) Fa~lure to make biosecurity 10,000 1 arrIval declaration 1,000 46(6)(a) F ailure to comply on arrival 10,000 1 1,000 46(6)(b) L ~ding of cargo, crew etc w Ithout landing clearance 50,000 3 5,000 1 46 (7) Cr e~ or passenger unlawful Ian dmg 50,000 3 5, 000 4 , =44 iJ.\I. 5,000 20. 49(2) Failure of master or captain to 50,000 3 ensure conformity to port quarantine 5,000 21. 53(1)(a) Failure to secure animal 50,000 3 22. 53 (1)(b) Failure to secure hatches 50,000 3 5,000 23. 53(2)(a) Discharge of garbag~ 50,000 3 5,000 24. 53(2)(b) Discharge of bilge water 50,000 3 5,000 25. 53(2)(c) Discharge of sewage or waste 50,000 3 5,000 water 5,000 26. 53(2)(d) Dischar~ of ballast water 50,000 3 27. 53(3)(a) Failure to control garbage 50,000 3 5,000 28. 53(3)(b) Disposal of garbage in the sea 50,000 3 5,000 29. 53(4) Release of ships' stores 50,000 3 5,000 30. 53(5) Failure to comply with deratting 50,000 3 5,000 requirements 5000 31. 54(2)(a) Failure to allow search of 20,000 3 vessel or aircraft 5000 32. 54(2)(b) Failure to comply with request 20,000 3 or direction [28th April 2014] Supplement to OffiCial Gazette 387 386 Supplement to Official Gazette [28thApri12014] i 46. 70(6)(b) Importation in breach of 50,000 3 5,000 conditions of import permit 47. 75(2) Failure -of importer to make 10,000 1 Na incoming regulated article available for el!!ry inspection 48. 76(4)(a) Failure of importer to allow 10,000 I Na import clearance inspection etc. 49. 78(3) Failure to surrender revoked 10,000 1 1000 import permit 50. 83(4)(a) Entering qUilran tine station 50,000 3 5000 withoutj>ermission 51. 83(4)(b) . InterferenCe etc. with 50,000 3 5000 quarantine station 52. 84(2) Removal of quarantine notice 50,000 3 5000 53. 86(2) Failure of importer to move 20,000 2 2,000 regulated article to quarantine '. 54. 87(4) Release of regulated article 50,000 3 5000 from quarantine without 1000 33. 55(4) Failure to make passenger lO,OOO I arrival biosecurity declaration 56(3) Failure to submit incoming 10,000 1 lOOO 34. baggage for inspection 1000 35. 57(2) Failure to submit outgoing 10,000 1 regulated articles for inspection 5000 36. 58(6)(a) Importation of prohibited 50,000 3 regulated article quarantine release certificate ... ; 55. 88(2) Unlawful release of animal etc. 50,000 3 5000 " subject to biosecurity control '-56. 90(3) Refusal to cooperate with 10,000 1 Na survey ·57. 100(3) Movement of regulated articles 50,000 3 5000 etc. in breach of order declaring infested biosecurity controlled 5000 37. 59(4)(a) Importation except at point of 50,000 3 entry 5000 38. 59(4)(b) Exportation except at point of 50,000 3 departure 5000 39. 60(2)(a) Landing etc. except at point of 50,000 3 entry area 58. 102(1)(a) Contravention of order for 50,000 3 5000 biosecurity measures in infested biosecurity controlled area y. 59. lO2(1)(b) Contravention of order for 50,000 3 5000 ; control of activity in infested 5000 40. 60(2)(b) Depart except at point of 50,000 3 departure 3 5000 41. 61(3) Failure to keep points of entry 50,000 biosecurity controlled area 60. 105(3) Contravention of order in 50,000 3 5000 respect of a pestfree or departure clean 5000 42. 66(4)(a) Entering holding area without 50,000 3 permission 5000 43. 66(4)(b) Interference etc. with holding· 50,000 3 area 5000 44. 66(4)(c) Removal of regulated article 50,000 3 from holding area without clearance 20,000 70(6)(a) Importation without import I . ~ A''') 'i 45. IV\"vv, I 1 permit biosecuri ty controlled area 61. 112(4) Breach of emergcu.~v directions 50,000 3 5000 62. 117(2) E"port without clearance 10,000 I 1000 63. 124 Dereliction of duty by officer nla 5,000 64 .. 125 Obstruction etc. of an officer 50,000 3 5,000 65. 126(1) Forg~ry etc. of a document 25,000 2 2,000 66. 126(2) Producing false or misleading 25,000 2 2,000 document 67. 126(3) Unlawful use of official stamp 25,000 2 2,000 or seal 388 Supplement to Official Gazette [28th April 2014] 1. The fines and periods of imprisonment are the maximum for individuals. 2. If the offence is committed by a body corporate, the maximum fme shall be 5 times that for an individual. 3. 'FP' means the fixed penalty for the offence under section 129. If no figure is shown, the fixed penalty optiQ~ is not available. The FPfor a body corporate shaH be 5 times thai shown. 4. The description of the offence in column. 3 is for purposes of this Schedule only. I certify that this is a correct copy of the Bill which was passed by the National Assembly on 15th April,2014. Luisa Waye-Hive Deputy Clerk