Plant Protection Act 1996 (Cap. 171A)

LAWS OF SEYCHELLES PLANT PROTECTION ACT CHAPTER 171A REVISED EDmON 1996 RINTED FOR TIlE GOVERNMENT OF SEYCHELLES BY PRINTEC PRESS HOLDINGS (PTY) LTD TIlE GOVERNMENT PRINTER 1996 ED] Section PLANT PROTECTION ACT CHAPTER 17lA PLANT PROTECTION ACT [1st August. 1996] ARRANGEMENT OF SECTIONS PART I - PRELIMINARY [CAP 171A Act 10 of 1996 I. Short title 2. Interpretation 3. Republic bound PART II - CONTROL OF IMPORT AND EXPORT 4. Importation of pest prohibited 5. Control ofImport ofplant material etc. 6. Control of export PART III CONTAINMENT AND ERAnIATJON 011 PESTS 7. Notification of quarantine pest 8. Nolificalion of infected area 9. Measures of quarantine PART IV - ADMINISTRATION AND ENFORCEMENT 10 Powers of an inspector and authorised officer II. Removal from quarantine station prohibited 12. Quarantine station, inspector authorised officer 13. Delegation ofpowers 14. Indemnity 15. Offences and penalties 16. Penalties 17. Transitional Schedule 1 - Pests Schedule 2 - Phytosanitary Certificate 1996 ED] Short title Interpretation PLANT PROTECTION ACT PART I - PRELIMINARY 1. This Act may be cited as the Plant Protection Act. 2. Tn this Ad [CAPI71A "authorised officer" means an authorised officer appointed under section 12(c), a police officer, a trade tax officer, an immigration officer, a public health inspector and a postal officer; "beneficial organism" means organism, including fungi, bacteria, viruses, virus-like organisms or invertebrate animals, used specifically for the control of pest, for pollination, for the production of commercially valuable agricultural products or for other purposes beneficial to agricultural production; "conveyance" mean a vessel, vehicle, cargo container, animal or other device used for moving goods, soil on other things from one place to another; "Director" means the person referred to under section 12(2); "designated point of entry" means a port, airport, post office or other such place designated under section 16: "infested" means harbouring or contaminated by pest; "inspector" means a person appointed under section 12(1); "permit" means a permit issued under section 5; "pest" means any form of plant or animal life or a pathogenic agent specified in Schedule I; "plant meterial'' means a plant, plant part, including seeds, conn, bud or rhizome or a plant product; "plant product" means unmanufactured material of plant origin and those manufactured products which, by their nature or that of their processing may create a risk for the spread of pests; "plant protecting authority", in respect of a foreign country, means the authority in that country responsible for issuing any certificates or other authorisations for the export of a 2 1996 ED] PLANT PROTECTION ACT plant materials, pests, beneficial organisms, soils or associated packagings; "phytosanitory certificate" means the certificate referred to in section 6; "quarantine pest" means a pest declared to be a quarantine pest under sectiou 7(1); "quarantine station" means a place appointed under section 12(1)(d); "soil" means any medium, including earth, water, compost or clay which is capable of supporting plant life or of harbouring or transmitting pests; "treatment" means any appropriate process, including the use of chemicals, heat or low temperature, for ensuing the removal, sterilisation or killing ofa pest. [CAP l7lA 3. This Act shall bind the Republic. PART II - CONTROL OF IMPORT AND EXPORT 4. A pCf50n shall not import a pest. 5.(1) A person shall not import a plant material or beneficial organism, soil or an associated packaging (a) except under and in aocordanoe with" permit issued by the Director; (b) except through a designated point of entry; and (c) unless the plant material, beneficial organism, soil or associated packaging is accompanied by a phytosanitary certificate issued by the plant protection authority of the country from where the plant material, beneficial organism, soil or associated packaging has been exported. (2) A person who imports a plant material, beneficial organism, soil or associated packaging shall at the time the plant material, beneficial organism, soil or associated packaging enters Seychelles 3 Republic bound Tmr ....rtdi"'j1, nf pest prohibited Control of Import of plant material etc. 1996 ED] PLANT PROTECTION ACT [CAP 171 A (a) make a declaration to this effect; (b) produce the permit and phytosanitary certificate referred to in subsection (1) in respect of the plant material, beneficial organism, soil and associated packaging; (c) produce the plant material, beneficial organism, soil or associated packaging, to the inspector or, where an inspector is not present, the trade tax officer or other authorised officer at the designated point of entry at which entry into Seychelles takes place. (3) An officer of the public authority responsible for trades tax on imports or the public authority responsible for providing postal services or a police officer shall immediately (a) upon a person making a declaration or producing a permit, certificate or plant material, beneficial organism, soil or associated packaging under subsection (2); (b) upon discovering or becoming aware that a person is entering Seychelles with a plant material or beneficial organism, soil or an associated packaging while not in possession of a permit or phytosanitary certificate as required by subsection (1), inform an inspector of the presence of the plant material, beneficial organism, soil and associated packaging and shall assist the inspector in ensuring compliance with this Act. (4) Notwithstanding any other written law, a person shall not remove a plant material or beneficial organism, sailor an associated packaging which is the subject of an inspection under this section, whether or not there is in its respect a permit and phytosanitary certificate, without the approval of an inspector. (5) An inspector may, when authorised by the Director and notwithstanding that there is in its respect a permit or phytosanitary certificate, require that a propagative material which is being imported be grown in a quarantine station before it may be released to the importer. 4 1996ED] PLANTPROTECTION ACT [CAP l71A (6) An inspector may require a person who has been permitted to import a plant material, heneficial organism. sailor associated packaging, notwithstanding that there is a permit or phytosanitary certificate in its respect, to make available for inspection at all reasonable times within a reasonable period after allowing the entry of the plant material, beneficial organism, soil or associated packaging. (7) The Director may grant a permit subject to such reasonable conditions which are consistent with the purpose of this Act. 6. (1) The Director may issue a phytosanitary certificate in respect of a plant material or beneficial organism, soil or an associated packaging for export. (2) A phytosanitary certificate shall be in the form specified in Schedule 2. (3) The Director may establish the procedure for the purpose of subsection (1). PART m - CONTAINMENT AND ERADICATION OF PESTS Control of export 7. (1) The Minister may by notice in the Gazette declare any form Notification of of plant or animal life or a pathogenic agent which is not otherwise quarantine pest specified in Schedule 1 to be a pest for the purposes of this Part. (2) For the purposes of this Part "pest" means a pest specified in Schedule I or any other form of plant or animal life or pathogenic agent which the Minister has declared to be pest by a notice under subsection (1); "quarantine pest" means a pest declared as a quarantine pest under subsection (3). (3) The Minister may, by notice published in the Gazette, declare a pest whioh represents a threat to the agricultural or forestry resources or the ecological enviroment of Seychelles to be a quarantine pest. (4) The owner or occupier of any land who knows or suspects the presence of a quarantine pest on the land shall as soon as practicable after so knowing or suspecting advise the Director of the presence or suspected presence of the quarantine pest on the land. s 1996 ED] PLANT PROTECTION ACT [CAP 171 A Notification of infected orca Measures of quarantine 8.(1) The Minister may, by notice published in the Gazette, declare any place in Seychelles to be Infected or suspected of being infected with a quarantine pest to be an infected area. (2) A notice under subsection (I) may, for the purposes uf containing the spread of the quarantine pest (a) prescribe the measures for the treatment or disposal or both treatment and disposal of a plant material, soil or associated packaging, whether infected or not, found in the infected area or of a conveyance which has or suspected to have come into contact with the quarantine pest or a plant material soil or associated packaging which has been affected or suspected of having been affected by a quarantine pest; (b) prohibit, restrict or otherwise specify measures for controlling the removal of a quarantine pest or a plant material, soil or associated packaging frum <11l infected area; (c) provide that, within a period specified in the Notice, any plant specified in the notice or propagative material of that plant, shall not be planted in an infected area or place which was declared an infected area. 9.(1) Where the Minister has published a notice under section 7 and the Director is satisfied on reasonable ground that there is a quarantine pest affecting a plant on or the soil of any land, the Director, may, by notice served on the owner or occupier of the land and any adjoining land, order the owner or occupier or both owner and occupier of the land to perform, within the time specified in the notice, such treatment and carry out such measures on the land or adjoining land or in respect of any plant, whether it is infested or not by a quarantine pest, for the purpose of eliminating, containing or preventing the spread of a quarantine pest. (2) Where under subsection (1) the Director does not know the identity of the owner or occupier of any land or the land is otherwise not occupied by any person, the Director may affix the notice in a conspicuous place on the land and the notice shall be deemed to have 6 1996 ED] PLANT PROTECTION ACT [CAP 171A been served on the owner and occupier of the land for the purposes of the subsection. (3) Where an owner or occupier of land on whom notice has been or deemed to have been served under this section fails to comply w ith the requirement of the notice, the Director may enter upon the land and perform the treatment and carry out the measures together with such other measures as are reasonably necessary for the purpose of complying WIth the nonce. (-I) The owner or occupier or both the owner and the occupier of the land referred to in subseotion (3) shall, in addition to any other penalty under this Act, be liable for all reasonable expenses incurred by the Director under the subsection and the amount so incurred may be recovered from the owner or occupier or both owner and occupier as a debt due to the Republic. PART IV - ADMINISTRATION AND ENFORCEMENT 10.(1) An inspector may, for the purpose of ensuring compliance with this Act (a) require a person to produce for the purposes of paragraph (e) any plant material, pest, beneficial organism, soli or associated packaging; (b) without a warrant, search a person, baggage, parcel, package or conveyance where the inspector has reasonable ground for believing that this Act is not being complied with; (c) require a person to produce in respect of a plant material, pest, beneficial organism, soil or associated packaging a permit, certificate, authorisation or other document required under this Act; (d) WIthout a warrant, enter and inspect any land, building or other premises where the inspector has reasonable ground for believing that this Act is not being complied with; (e) whether or not there is in its respect a permit or phytosanitary certificate, inspect, examine, analyst:' 7 Powers of an inspectorand authorised officer 1996 ED] PLANT PROTECTION ACT [CAP 171 A Removal from quarantine station prohibited Quarantine station, inspector authorised or take sample for the purpose of carrying a further examination or analysis of a plant material, pest, beneficial organism, soil or associated packa- ging imported or which a person is seeking to import; (f) where the inspector has reasonable ground for believing that this Act is not being complied with, without a warrant, seize a plant material, pest, beneficial organism, soil or associated packaging, stop and detain and seize a conveyance which the inspector reasonably believes is carrying a plant material, pest, beneficial organism, soil or associated packaging; (g) destroy any pest, plant material, beneficial organism, soil or associated packaging imported in contravention of this Act or require a person who has imported or has custody or control of a pest, plant material, beneficial organism, soil or associated packaging which has been imported contrary to this Act to destroy the pest, plant material, beneficial organism, soil or associated packaging. (2) An inspector shall at the time of exercising or as soon as practicable thereafter any of the powers under subsection (I) advise the relevant person of the reasons for the exercise of the power. (3) An authorised officer shall have the power of an inspcetor set out in subsection (l)(f). 11. A person shall not, unless authorised by the Director, remove a plant material, pest, soil, beneficial organism or associated packaging from a quarantine station. 12.(1) The Minister may (a) establish a unit oonsrstmg of such number of persons as the Minister thinks necessary for the purpose of ensuring the effective implementation of this Act; (b) appoint an inspector who shall form part of the unit referred to in paragraph (a); (c) appoint an authorised officer; 8 1996 ED] PLANT PROTECTION ACT [CAP 171A (d) by notice in the Gazette, appoint such places as the Minister considers fit and necessary to be quarantine stations. (2) The unit referred to in subsection (I)(a) shall have on its head a Director who shall, unless the context otherwise provides, be deerned to be and have the powers of an inspector. 13.(1) The Minister may in writing delegate any of the powers conferred on the Minister under this Act except that contained in section 12(1)(a), this subsection and section 16. (2) The Director may in writing delegate any of the powers conferred on the Director under this Act except that contained in this subsection. Delegation of powers 14.(1) An action shall not lie against the Government, the lndenmity Director, an inspector. authorised officer or other officer under this Act for an act done or omitted to be done in good faith in the performance of a function under this Act. (2) Except where it is otherwise provided under this Act, compensation shall not be payable to any person for anything done or omitted to be done in good faith under this Act 15.(1) A person who (a) obstructs, prevents or otherwise hinders an inspector or authorised officer in the performance of the inspector's or authorised officer's functions under this Act; (b) refuses or neglects to comply with a notice, order, requirement or direction lawful made or given under this Act; (c) knowingly provide. information which is fn1<" or misleading in a material particular for any purpose under this Act; (d) defaces, desiroys, forges or alters any document provided for under this Act; (e) contravenes a provision of this Act, is guilty o' an offence and liable on conviction to imprisonment for 3 years and a fine ofR7S,OOO. 9 Offencesand penalties 1996 ED] PLANT PROTECTION ACT [CAP 171 A Regulations Transitional (2) In addition to imposing a penalty under subsection (1), the Court may order a person who has been convicted of an offence under this Act to refund any expenses incurred by an inspector or authorised officer for the purpose of complying with a notice, order, requirement or direction referred to in subsection (l)(b) or compensate for any loss or damage caused to the agricultural or forestery resources or ecological enviromnent of Seychelles. 16. The Minister may make regulations for the better carrying out the purposes and provisions of this Act and without prejudice to the generality ofthe foregoing may, in particular (a) designate points of entry for the purpose of importation under this Act; (b) appoint or prescribe or provide for anything which is required to be appointed or prescribed or provided for under this Act; (c) provide for fees to be paid in respect of a permit or certificate which may be granted or any services which may be provided under this Act; (d) provide for the payment of compensation by the Govermnent in respect of any matters under this Act; (e) provide for penalties of up to R25,000 in fine and 3 years imprisomnent contravening to any regula tions; (f) amend the Schedules. (g) make such regulations as one required to be made under this Act; 17.(1) Notwithstanding the repeal of the Plant Pest Act by this Act a statutory instrument made under that Act which is in force at the commencement of this Act shall, so far as the statutory instrument is not inconsistent with this Act, continue into force until it is amended or repealed by a statutory instrument made under this Act. 10 1996 ED) PLANT PROTECTION ACT [CAP l7lA SCHEDULE 1 PESTS PART 1 INSECTS AND MITES 1. Anacridiummelanorhodon arabafrum 2. Aphis gossipii 3. Anastrephaspp. 4. Bactrocera spp. 5. Bemisia tabaci 6. Brevipalpus spp. 7. Ceratitis capitata 8. Ceratitis cattoirii 9. Ceratitis cosyra 10. Ceratitis rosa 11. Cylas formicarius 12. Dacus ciliatus 13. Dacus cucurbitae 14. Dacus curvipennis 15. Dacus demrnerezi (Tridacusdemrnerezi) 16. Dacus dorsalis 17.Dacus frontalis 18. Dacus tryoni 19. Dacus zonatus 20. Delia platura 21. Dysmicocusbrevipes 22. Frankliniella occidentalis 23. Heliothis spp. 24. HelioLhrips haemorrhoidales 25. Hoplochelusmarginalis 26. Leptinotarsadecemlineta 11 (section 2) 19"iiED] PLANT PROTECTION ACT 27. Lyriomyza huidobrensis 28. Lyriomyza sativae 29. Locusta migratoriamigratorioides 30. Myzus spp. 31. Oedaleus senegalensis 32. Panonychus citri 33. Pardalaspis quinaria 34. Pieris spp. 35. Polyphagotarsenemus latus 36. Phyllocnistic cirella 37. Phylocoptruta oleivora 38. Quadraspidiotus perniciosus 39. Selenothrips rubrocinctus 40. Schistocerca gregaria 41. Spodopteraspp 42. Tetranychus urticae 43. Thrips tabaci PARTlI NEMATODES 44. Ditylenchus spp, 45. Meloidogyne spp, 46. Pratylenchus spp. 47. Radopholus similis 48. Rotylenchus reniformis PART III MOLLUSCS 49. Achatina spp. 50. Helix spp. 51. Limax spp. 52. Milax spp. 12 [CAP 171 A 1996 ED] PLANT PROTECTION ACT PART IV BACTERIA [CAP 171A 53. Agrobacterium tumefacians 54. Clavibacter michiganensis spp. michiganensis 55. Curtobacterium (Corynebacterium) flaccumfaciens 56. Erwinia spp. 57. Pseudomanas solanacearum Race II 58. Pseudomonas syringae pv. syringe 59. Pseudomonas syringae pv. tabaci 60. Xanthomonas campestris pv. vascularum 61. Xanthomonas citri PART V }"UNGI 62. Cercospora musicola 63. Fusarium moniliforme var. subglutinans 64. Fusarium oxysporum f. sp. cubense 65. Fusarium oxysporum f. sp. melonis 66. Mycosphaerella fijensis 67. Mycosphaerella musicola 68. Phytophthora colocasiae 69. Verticillium spp. PART VI VIRUSES, MY<..:OPLASMAS, MLO AND RLO 70. Banana Bunchy Top Virus 71. Banana Streak Virus 72. Bean Common Mosaic Virus 73. Bean Yellow Mosaic Virus 74. Casava Common Mosaic Virus 13 1996 ED] PLANT PROTECTIONACT [CAP 171 A 75. Citrus Exocortis Viriod 76. Coconut Kaincope disease (MLO) 77. Citrus Tristeza Virus 78. Lettuce Mosaic Virus 79. Lethal Yellowing MLO llU. Papaya Mosaic VIruS 81. Papaya Ringspot virus 82. Pineapple Wilt virus 83. Phytomonas sp. 84. Spiroplasma citri + Stolbur disease (MLO) 85. Squash Mosaic virus 86. Sweet Potato Mosaic virus 87. Sweet Potato Mild Mottle Virus 88. Tobacco Rinspot Virus 89. Tobacco Streak Virus 90. Tomato Aspenny Virus 91. Tomato Bunchy Top Virus 92. Tomato Yellow Leaf Curl Virus 93. Tomato Spotted Wilt Virus 94. Watermelon Mosaic Virus 95. Watermelon Silver Mottle Virus PART VII SERIOUS WEEDS AND PARASITIC PLANTS 96. Altemanthera phylloxeroides 97. Borreria alata 98. Commelina bengalensis 99. Cuseuta spp. 100. Cyperus spp. 101. Elodea spp. 14 1996 ED] PLANT PROTECTION ACT [CAP l7lA 102. Prosopis g1andulosa 103. Salvinia molcsta 104. Senna tora 105. Sorghum halcpcnsc 106. Striga spp. 107. Xanthium spp. 15 1996 ED] PLANT PROTECTION ACT SCHEDULE 2 PHYTOSANITARY CERTIFICATE [CAP 171 A (section 6) 1. Name and address of exporter ~. PHYTOSANITARY CERTIFI CATE !No 3. Declared name and address of ~. Plant Protection Organization of consignee SEYCHELLES to Plant Protection Organisation(s) of ~. Place of origin b. Declared means of conveyance REPUBLIC OF SEYCHELLES MINISTRY OF AGRICULTURE AND MARINE RESOURCES 7. Declared point of entry PLANT PROTECTION SECTION 8. Distinguishing marks; number and description of packages; name of 9. Quantity produce; botanical name ofplants 10. This is to certify that the plants lorplant products described above have; been inspected according o appropriate procedures, and are considered to be free from ~uarantine pests, and practically free from other injurious pests; and ~atthey al-e considered to conform with ithe current phytosanitary regulations of the importing country 11. Additional declaration DISINFECTION AND/OR DISIN- 18. Place of issue FECTION TREATMENT 12. Treatment Date 13. Chemical 14. Duration and (active ingredient) temperature 16 1996ED] PLANTPROTECTION ACT [CAP 171A 15. Concentration 16. Date Name of authorized Stamp of Officer Organization 17. Additional Information ........................... Signature Note: SUBSIDIARY LEGISLATION UNDER 1HE PLANT PESTS ACT (CAP 171 SUB. LEG.) (CONTINUE IN FORCE UNDER THIS ACT) 17