Diseases of Plants Regulations

1988 Revised Edition C T DISEASES OF PLANTS REGULATIONS Diseases of Plants Regulations CAP. 127A Arrangement of Regulations 1988 Revised Edition to Page 3 C T DISEASES OF PLANTS REGULATIONS Arrangement of Regulations Regulation PART I.—CONTROL OF IMPORTATION OF TREES AND PLANTS, ETC. 6 Inspection of Baggage.....................................................................................................9 Inspection of Plantations .................................................................................................9 PART II.—RHINOCEROS BEETLE CONTROL 11 Beetle Traps...................................................................................................................14 Inspection of Vessels.....................................................................................................14 Vessels to lie in Stream .................................................................................................15 Vessels unable to lie in Stream......................................................................................15 Procedure and Penalties ................................................................................................16 SCHEDULE I 17 SCHEDULE II 17 SCHEDULE III 17 SCHEDULE IV 18 DISEASES OF PLANTS REGULATIONS........................................................18 Arrangement of Regulations CAP. 127A Diseases of Plants Regulations 1988 Revised Edition Page 4 to SCHEDULE V 19 RHINOCEROS BEETLE INSPECTION CERTIFICATE...................................19 SCHEDULE VI 20 DEPARTMENT OF AGRICULTURE................................................................20 SCHEDULE VII 21 DEPARTMENT OF AGRICULTURE................................................................21 Diseases of Plants Regulations CAP. 127A Regulation 1 1988 Revised Edition to Page 5 C T DISEASES OF PLANTS REGULATIONS Section 451 Made by The Queen in Council on 22nd December, 1964 G.S. 2/65, 44/65, 1/66, 41/66, 46/69, G. 13/71, G.S. 2/77, Act 46 of 1988. 1. These regulations may be cited as the Diseases of Plants Regulations. 2. In these regulations unless the context otherwise requires— “'diseases” means any disease affecting trees, plants or vegetables caused by or consisting of the presence of any insect or fungus and any other disease affecting trees, plants or vegetables which the Minister of Agriculture, Forests and Fisheries may from time to time by proclamation declare to be a disease within the meaning of the Plant Quarantine Act whether or not caused by or consisting of the presence of any insect or fungus; “diseased” means affected with disease; “import”, “imported”, “importation” refer only to trees, plants and vegetables imported from all countries beyond Tonga; “infested area” means any islands or island groups or parts thereof declared by the Minister of Agriculture, Forests and Fisheries from time to 1 By section 45, these Regulations, originally made under the Rhinoceros Beetle Act and adopted under the Diseases of Plants Act, are deemed to have been made under the Plant Quarantine Act. Regulation 3 CAP. 127A Diseases of Plants Regulations 1988 Revised Edition Page 6 to time by notice in the Gazette to be an infested area; (Amended, G.S. 44/65) “inspector” means the Director of Agriculture, Forests and Fisheries and any other inspector appointed by the Minister of Agriculture, Forests and Fisheries with the consent of the Cabinet under the Plant Quarantine Act and for the purpose of the Rhinoceros Beetle Act shall include any person appointed as such by the Minister; “occupier” means the person in actual occupation of any land or if there is no such person the person entitled to the possession thereof; “rhinoceros beetle” means the Rhinoceros Beetle (Oryctes Rhinoceros L.) and includes any egg pupa or larva of the Rhinoceros Beetle; “root disease” means any root disease proclaimed to be a disease within the meaning of the Plant Quarantine Act; “tree”, “plant” and “vegetable” respectively include the fruit or other product of any tree, plant or vegetable and every part of any tree, plant or vegetable and of the fruit and produce thereof; “vessel” includes any means of conveyance by sea or air. (Amended, G.S. 1/66) PART I.—CONTROL OF IMPORTATION OF TREES AND PLANTS, ETC. 3. (1) No trees, shrub, plant or any cuttings or parts thereof shall be imported into Tonga unless accompanied by a certificate signed by an officer of the Department of Agriculture, Forests and Fisheries in the country of origin certifying to the place of origin of such tree, shrub, plant or cutting or any part thereof. (2) No soil, sand, sawdust, gravel, stone, timber, wood, second hand material, and anything else that is likely to harbour insects and diseases to plants and animals shall be imported into Tonga unless permitted by the Minister of Agriculture, Forests and Fisheries or the Director of Agriculture, Forests and Fisheries. (Amended, G.S. 2/77) 4. Any tree, shrub or plant or any cutting or part thereof landed or brought ashore at Tonga without such certificate as specified in the preceding regulation shall forthwith be seized and destroyed by or on the order of the Minister, the Director of Agriculture, Forests and Fisheries or an inspector. Diseases of Plants Regulations CAP. 127A Regulation 5 1988 Revised Edition to Page 7 5. Trees, plants or portions thereof that are being imported shall be received at a port of entry and not elsewhere. 6. All imported parcels of trees, plants or any portion thereof as well as all packages that contain any such articles shall arrive distinctly marked with the names of the place or places where the said trees or plants have been grown and in the case of such as are being introduced or are being transmitted through the post office the nature of their contents shall in addition be similarly set forth upon them. 7. All consignees, agents or other persons interested shall within 24 hours notify the Collector of Customs and Director of Agriculture, Forests and Fisheries of the arrival of any imported tree or plant or any portion thereof not appearing on the vessel's manifest at a place of entry or through the post office and shall not take possession of the same or any package that may contain or have contained the same until a certificate has been issued setting forth the fact that the said articles have been inspected and disinfected or otherwise dealt with as hereinafter provided in regulation 9 thereof. 8. At the places of entry all trees, plants or any portion thereof and the packages that contain or have contained the same shall on their arrival be detained for the purposes of inspection or being otherwise dealt with as provided for in these regulations. 9. All trees, plants or any part thereof and the packages that contain or have contained the same imported into the Kingdom shall be subject to detention and inspection by some person authorized by the Minister at any of the places of entry and shall be subject to treatment by such persons as follows, that is to say— (a) if such trees or plants be found on inspection to be subject to any disease not already known to exist in Tonga but liable if introduced to become prejudicial to its agricultural or horticultural interests they shall be forthwith destroyed. But in all other cases and whether diseased or otherwise they shall on inspection be detained and immediately afterwards disinfected in accordance with any one or more of the methods which the Director of Agriculture, Forests and Fisheries may prescribe from time to time by notice in the Gazette and a certificate issued to that effect pursuant to Schedule I. (b) If such trees or plants be found on inspection to be subject to any disease they shall notwithstanding they have been disinfected be further detained for a period of not less than 14 days at the discretion of the inspector. If at the expiration of the said 14 days and notwithstanding they have been disinfected they still harbour or are infested by insect or fungus, pest or disease they shall be forthwith destroyed. Regulation 10 CAP. 127A Diseases of Plants Regulations 1988 Revised Edition Page 8 to (c) if the trees or plants are accompanied by a certificate signed by an officer of the Department of Agriculture, Forests and Fisheries in the place of origin certifying that the same have been disinfected or fumigated such trees or plants may be admitted on inspection only provided that the inspector is satisfied that the treatment has been effective and that they are free from disease, subject also to the provisions of the law relating to the rhinoceros beetle and other pests. 10. Consignees or their agents shall give a delivery order to the inspector or other person authorized in that behalf for all such trees plants or parts, thereof as well as packages that may contain or have contained the same in order that they may be conveyed to a place of quarantine. The inspector or other person authorized shall issue receipts for all articles so delivered. Consignees or their agents must pay all expenses of such removal, inspection, disinfection or other treatment as provided for in regulation 9. if the destruction of such trees, plants and packages or portions thereof has not been ordered on obtaining the certificates of inspection or disinfection provided for in regulation 9 such consignees or agents shall repack and remove the same within 24 hours after the receipt of such certificate. 11. All imported trees, plants or portions thereof may be seized and destroyed by or under authority of the Director of Agriculture, Forests and Fisheries should no sufficient evidence of their being included in any certificate of disinfection be tendered by their lawful owners on such evidence being demanded from them. 12. The importation into Tonga of coconuts and coconut leaves or banana plants and any part thereof is prohibited without the prior written authority of the Director of Agriculture, Forests and Fisheries stating therein the quantity and the country whence the said coconuts, coconut leaves or banana plants are to be imported. 13. Where imported fruit or vegetables are packed in cases or crates or bags such cases, crates or bags shall be either— (a) new; or (b) if not new shall be thoroughly cleaned and in good condition. 14. If it is found by the inspector that any cases of imported fruit which have been condemned contain a fair proportion of fruit which is sound and free from disease the contents of such cases may be sorted at any approved place under the supervision of an inspector upon the following conditions— (a) such cases with their contents shall be taken forthwith from the place of inspection to the approved place aforesaid; Diseases of Plants Regulations CAP. 127A Regulation 15 1988 Revised Edition to Page 9 (b) when sorted fruit which is free from disease is permitted to be repacked and disposed of all fruit which the inspector shall deem to be diseased shall be destroyed at the importer's or consignee's expense; (c) a charge not exceeding 2 seniti per case shall be made to cover the cost of the sorting. 15. No person shall sell or dispose of or offer for sale any tree, plant or vegetable or portion thereof infested with or infected by a disease. Inspection of Baggage 16. On the arrival of any vessel from a country from which the importation of plants is prohibited at any port or place in the Kingdom it shall be lawful for an inspector, the Collector of Customs or the police to require any person on the vessel who embarked at the country from which importation of plants is prohibited to produce his luggage, clothing and personal effects for inspection. (Amended, G.S. 1/66.) 17. If on such inspection the inspector finds or has reason to suspect there is in or on any such luggage, clothing or personal effects any insect, fungus or any other live culture likely to introduce a parasitic disease of trees, plants or vegetables into the Kingdom he may seize the same or any part thereof and cause it to be disinfected by fumigation or by any other method which shall render it innocuous. The inspector or fumigation officer shall issue receipts for all articles so seized. Inspection of Plantations 18. The inspectors shall have the power to enter any land for the purpose of carrying out the inspection of plants thereon as provided by the Plant Quarantine Act and these regulations and if satisfied that the said land and plantation thereon is free from disease they shall submit a report in the form of Schedule II. 19. The inspectors shall inspect plants which are attacked or likely to be attacked by disease. 20. The Minister with the consent of the Privy Council from time to time by notice in the Gazette shall declare the disease of trees or plants to which these regulations apply and define the area in which the disease exists. 21. On a disease having been declared in accordance with regulation 20 hereof it shall be the duty of every owner or occupier of land within the area so defined to call the attention of an inspector in writing to the presence of any disease of trees, plants or vegetables which resembles the declared disease on his land and to submit specimens if called upon to do Regulation 22 CAP. 127A Diseases of Plants Regulations 1988 Revised Edition Page 10 to so provided that in the case of Tongan plantations the notice shall be sent through the appropriate District or Town Officer. 22. No tree, plant or vegetable or part thereof attacked by or subject to attack of any disease declared under regulation 20 hereof shall be removed from land within an area defined under that regulation save and except that mature fruit for export may be brought to a port of entry for shipment abroad and any fruit rejected on account of the declared disease shall be destroyed under the supervision of an inspector. 23. The Director of Agriculture, Forests and Fisheries shall by notice in the Gazette prescribe the material by which plants attacked by disease declared under regulation 20 hereof shall be sprayed or otherwise treated and it shall be the duty of the owner or occupier of land within the defined area to cause plants on that land attacked by the declared disease to be sprayed thoroughly or otherwise treated with the prescribed material. 24. If on a visit of an inspector the declared disease is found to be present the inspector shall order the plants to be sprayed, destroyed or otherwise treated at once with a prescribed mixture in accordance with the instructions of the Director of Agriculture, Forests and Fisheries. 25. If upon a second visit not less than 14 days after he has ordered the spraying or other treatment of plants under regulation 24 hereof an inspector shall find the declared pest to exist on any plants he shall report the matter to the Director of Agriculture, Forests and Fisheries who may by notice in the Schedule III hereto to the owner or occupier of land order the plant to be destroyed and should the owner or occupier fail or neglect to comply with such notice the inspector may enter upon the land and spray or otherwise treat the plants or destroy them at the expense in all things of the owner or occupier but nothing herein shall relieve the owner or occupier from any penalty he may have incurred by reason of his default, failure or neglect. 26. All fallen fruit of any kind (whether harbouring insects or not) shall be gathered at least once a week or oftener if directed by the occupier or owner of any place where fruit trees are being grown, or his agent, and all pest infected fruit shall be submitted to the process of boiling or be buried beneath not less than 45 cm. of solid earth. 27. Every person shall be guilty of an offence against Part I of these regulations and shall be liable on conviction to a fine not exceeding $40 who — (a) in any way distributes or causes to be distributed a disease declared in accordance with regulation 20 hereof; (b) fails to produce luggage, clothing and personal effects when lawfully required to do so in pursuance of regulation 16 hereof; Diseases of Plants Regulations CAP. 127A Regulation 28 1988 Revised Edition to Page 11 (c) fails to carry out any of the regulations in Part I of these regulations or any notice or order issued thereunder or fails to carry out any duty cast upon him by the said regulations. 28. Every summons for an offence against Part I of these regulations or against any of the provisions of the Plant Quarantine Act shall be taken out within 28 days of the offence. PART II.—RHINOCEROS BEETLE CONTROL 29. The following regulations shall apply to the infested area as hereinbefore defined. (Substituted, G.S. 46/69.) 30. The landowner, or lease-holder, or where the land is utilised but not registered the occupier with the ultimate responsibility falling on the landowner, shall be responsible for clearing the land of rhinoceros beetles, and in particular, the destruction of sites deemed by an Inspector to be rhinoceros beetle breeding sites. (Substituted, G.S. 46/69.) 31. An inspector shall give written notice in the form prescribed by Schedule VI, to the landowner, lease-holder, or the occupier with a copy to the landowner, that a specified area or rhinoceros beetle breeding site be cleared within a period of time specified in such notice but not to exceed 7 days. (Substituted, G.S. 46/69.) 32. The inspector shall carry out an inspection of the specified area or rhinoceros beetle breeding site on the last of the days specified under regulation 31 hereof. (Substituted, G.S. 46/69.) 33. If upon such inspection, the inspector finds that the specified area or rhinoceros beetle breeding site has not been cleared, or cleared unsatisfactorily or inadequately, he shall report his findings to the Director of Agriculture, Forests and Fisheries or his representative, who shall issue an “Order” in the form prescribed by Schedule VII to the landowner, lease-holder, or occupier with a copy to the landowner, as the case may be, that the said area or breeding site must be cleared within a period of time specified by such “Order”, but not to exceed 7 days. (Substituted, G.S. 46/69.) 34. On the last of the days specified in such an “Order” referred to in the preceding regulation, a further inspection shall be carried out by two inspectors, and if they find that the said “Order” has not been complied with, then the Director of Agriculture, Forests and Fisheries shall immediately employ and pay workers at wages of a regular daily labourer, to carry out the necessary work. (Substituted, G.S. 46/69, Amended, G. 13/71.) Regulation 35 CAP. 127A Diseases of Plants Regulations 1988 Revised Edition Page 12 to 35. When such work referred to in the preceding regulation has been satisfactorily completed by the Department of Agriculture, Forests and Fisheries, the landowner or lease-holder, as the case may be, shall be requested in writing to pay within one month of such request all expenses incurred by the Department of Agriculture, Forests and Fisheries in carrying out the necessary work. (Substituted, G.S. 46/69.) 36. If the landowner or lease-holder, as the case may be, fails to make the said payment in full referred to in the preceding regulation within the specified period of one month then he shall be guilty of an offence. (Substituted, (G.S. 46/69.) 37. Upon conviction, the landowner or lease-holder, as the case may be, shall be liable to a fine of not less than twice the cost of the total amount spent on clearing work and the inspector's time, but not more than three times the said total amount, or to imprisonment for a term not exceeding 2 years, or to both such fine and imprisonment. On each subsequent conviction, the penalty shall be doubled. In the ease of imprisonment, a rider shall be added that the convicted person should, where possible, be engaged upon rhinoceros beetle work. (Substituted, G.S. 46/69.) 38. Where public works causes the creation of the rhinoceros beetle breeding sites, or where such sites are found along the foreshore, daily labour workers under the direction of an inspector, shall carry out all necessary work. (Substituted, G.S. 46/69, Amended, G. 13/71.) 39. All revenue received from fines herein imposed shall be equally divided between the Rhinoceros Beetle Control Fund and the General Revenue. (Inserted, G.S. 46/69.) 40. No owner or occupier of land in the infested area shall use for any fence, pig stye, or other structure upon such land (except dwelling houses) any coconut logs or any posts of a type of tree prohibited from time to time by the Director of Agriculture, Forests and Fisheries by publication in the Gazette. Whenever coconut posts have been used in any dwelling house the inspectors shall have power to order the renewal of all posts which show decay and are, consequently, liable to be used by the beetle as breeding places. 41. The Prime Minister with the consent of Cabinet may declare by notice in the Gazette any area to be an infested area and he may also declare in the same manner any area to be free of rhinoceros beetle infestation. 42. No person shall remove or cause to be removed any tree root or vegetable matter of any kind or soil or compost material from an infested area to any other area outside such infested area without a certificate authorizing such removal signed by an inspector. Diseases of Plants Regulations CAP. 127A Regulation 43 1988 Revised Edition to Page 13 43. No person other than an inspector shall remove or cause to be removed from an infested area to any area outside such infested area any rhinoceros beetle or the larva or eggs thereof. 44. Any person travelling by vehicle, horse, foot or by any means whatsoever shall when called upon so to do by an inspector stop and permit an inspector to examine any baggage or thing being conveyed by such person and should such baggage or thing contain or consist of any prohibited article or matter an inspector may impound the same and for the better enforcing of this regulation every inspector shall wear a red armband. 45. Any owner or occupier of land in the infested area who destroys or damages or permits to be destroyed or damaged any trees, palms or shrubs shall to the satisfaction of an inspector destroy by burning such trees, palms or shrubs or any parts thereof. 46. The owner or occupier of any land on which is situated a disused latrine shall cause the said latrine to be covered with sand at least 20 cm. in depth. 47. The owner of any land on which a timber mill is situated and the owner of the said mill shall ensure that all waste sawdust from the said mill shall be disposed of to the satisfaction of an inspector. In no circumstances shall such sawdust be disposed of by dumping in inland lakes or in the open sea. 48. Every person leaving any part of the infested area shall have his luggage, sleeping mats, and all private effects fumigated or thoroughly inspected to the satisfaction of an inspector. 49. Every Tongan owning or occupying land in the infested area who, after such land has been cleaned up, fails to keep the same clean and free from coconut husks, vegetable rubbish, or other refuse, shall be guilty of a breach of these regulations. 50. Any owner or occupier of any house in the infested area who shall use or permit to be used any coconut leaves or vegetable matter (except mats) for covering the floor of such house shall be guilty of a breach of these regulations. 51. Any person who, for the purposes of agriculture, cultivation and farming (or for any one or more of these purposes), clears or causes to be cleared any land not previously cleared for such purposes, shall remove and burn or shall cause to be removed and burned — (a) all cuttings, weeds and undergrowth made or found in connection with such clearing; and (b) all dead or decaying trunks, stumps and roots of trees felled or found in connection with such clearing. (Substituted, G.S. 1/66.) Regulation 52 CAP. 127A Diseases of Plants Regulations 1988 Revised Edition Page 14 to Beetle Traps 52. Any inspector appointed under the Plant Quarantine Act may enter upon any land in the infested area in the day-time and may place thereon any trap designed for the purpose of trapping the rhinoceros beetle or its grubs or larvae. 53. After placing any trap as described in regulation 52 hereof upon any land, the inspector shall direct the attention of the occupier, or if there is no occupier the owner of such land, to the trap, and shall inform the said occupier or owner that the trap must not be damaged, destroyed or interfered with in any way. 54. Any person who wilfully damages, destroys or interferes with any trap set by the inspector shall be guilty of a breach of these regulations. Inspection of Vessels 55. Any vessel or aircraft leaving any infested area for any other port or place in the Kingdom must be accompanied by a certificate signed by an inspector showing that such vessel or aircraft and everything it contains has been inspected and passed as being free of pests. 56. (1) An inspector shall be entitled to board any aircraft in airports or vessel in territorial waters fronting an infested or unifested area for the purpose of inspecting such aircraft or vessel for the presence of rodent, rhinoceros beetle, insect, pest, disease to plant and animal, and may do all things which he reasonably considers necessary for the purpose of such inspection and for the destruction of any rodent, rhinoceros beetle, insect, pest or disease found thereon. (Substituted, G.S. 2/77.) (2) The master or person in charge of an aircraft in airports or of a vessel in territorial waters shall on request by an inspector give all reasonable facilities to enable the inspection to be carried out. (Amended, G.S. 2/77.) 57. (1) The master or person in charge of a vessel which is in territorial waters fronting an infested area and which has while in those waters any contact with such area shall not take the vessel out of such waters for the purpose of calling at any place in the Kingdom outside the infested area unless the vessel has been inspected by an inspector since its most recent contact with the infested area. Diseases of Plants Regulations CAP. 127A Regulation 58 1988 Revised Edition to Page 15 (2) For the purpose of this regulation contact with the infested area means the coming on board of any person or the receiving on board of anything from the infested area. Vessels to lie in Stream 58. The master or person in charge of any vessel which within 20 days prior to her arrival at any port or place in the Kingdom has called at any port or place in any country (including the Kingdom of Tonga) where, in the opinion of the Director of Agriculture, Forests and Fisheries or the Senior Officer of the Department of Agriculture, Forests and Fisheries for the time being stationed at Vava'u, rhinoceros beetle exists shall move and keep his vessel at least one mile off shore between one hour before sunset and one hour after sunrise while in territorial waters. (Amended, G.S. 1/66.) 59. During such period there shall be no contact as defined in regulation 57(2) hereof between the said vessel and shore. Notice of such requirement shall be given by the Director of Agriculture, Forests and Fisheries or the Senior Officer of the Department of Agriculture, Forests and Fisheries for the time being stationed at Vava'u within one hour of the arrival of such vessel to the master, owner, or agent thereof. For the purposes of this regulation the Director of Agriculture, Forests and Fisheries shall have all the powers, authority and duties of the Harbour Master as defined in section 8 of the Harbours Act: Provided however that the Privy Council on the advice of the Director of Agriculture, Forests and Fisheries may by order allow passengers on overseas vessels which have previously visited an infested port or place but have not loaded cargo at such port or place to visit a specified shore during the prohibited period between sunset and sunrise provided for in regulation 58 hereof. (Amended, G.S. 1/66.) 60. Notwithstanding the provisions of regulations 58 and 59, the Director of Agriculture, Forests and Fisheries may exempt a vessel from the requirements to lie in stream where he is satisfied, after due inspection of that vessel by an inspector, that the vessel is free from rhinoceros beetle, rodent, insect and pest disease to plant and animal. (Added, G.S. 41/66, Amended, G.S. 2/77.) Vessels unable to lie in Stream 61. If because of adverse weather conditions or for any other reason outside the control of the master or the person in charge of a vessel it is not possible for such vessel to be moved from the wharf, the following procedure shall be adopted — Regulation 62 CAP. 127A Diseases of Plants Regulations 1988 Revised Edition Page 16 to (a) all hatches shall be closed between one hour before sunset and one hour after sunrise; (b) for the same period such vessel shall remain fully lighted with all deck lights on; (c) for the same period, only passengers or crew of such vessel who are not carrying baggage may have ship to shore contact; (d) notice of failure to leave the wharf shall be given to the Director of Agriculture, Forests and Fisheries or an Inspector of Agriculture by the master or person in charge of such vessel as soon as possible and at latest before one hour before sunset. 62. No local vessel or aircraft shall voyage or travel to or from any part or between any parts of the infested area, with the exception of any vessel/or aircraft approved, on such conditions as he may specify, by the Minister of Agriculture, Forests and Fisheries. (Amended by Act 46 of 1988.) 63. Except as stated in regulation 62, no vessel or aircraft of any kind shall voyage or travel from any part of the infested area to any other part of the Kingdom, provided that the Privy Council may in its discretion waive the operation of this regulation in respect of any vessel or aircraft other than a local vessel or aircraft. Procedure and Penalties 64. Every summons for an offence against Part II of these regulations or against any of the provisions of the Plant Quarantine Act shall be taken out within 28 days of the offence. 65. Any person acting in contravention of Part II of these regulations shall be liable on conviction thereof before a magistrate subject to the provisions of the Rhinoceros Beetle Act to a fine not exceeding $100 or to imprisonment for a term not exceeding 2 years or to both such fine and such imprisonment. Diseases of Plants Regulations CAP. 127A SCHEDULE I 1988 Revised Edition to Page 17 SCHEDULE I (Regulation 9(a)) Place of Entry ............................................................ Date ............................................ This is to certify that the trees or plants imported into Tonga by the s.s ....... ......................................... have been inspected by me and that they have been disinfected. Signed .............................................. Date…………………………………… SCHEDULE II (Regulation 18) This is to certify that the plantation situated in the district of .......................................... ................. and of which ............................................. is the owner or occupier thereof has been inspected by me this day and has been found free from disease. Signed .............................................. Date ................................................ SCHEDULE III (Regulation 25) I …………………………………….... being a duly authorized person hereby give you ........................... of …………………………… notice that your plantation is diseased with ................................................. and I order you to take the following measures within fourteen days for the eradication of such disease. (a) ………………………………………………………………………….. (b) …………………………………………………………………….……. SCHEDULE IV CAP. 127A Diseases of Plants Regulations 1988 Revised Edition Page 18 to SCHEDULE IV DISEASES OF PLANTS REGULATIONS Notice to Master or person in charge of vessel, failing to comply with regulation 58 WHEREAS by virtue of Regulation 58 made under the provisions of the Plant Quarantine Act, you are required to move and keep your vessel at least one mile off shore between one hour before sunset and one hour after sunrise while in Tongan Territorial Waters: AND WHEREAS you have failed to comply with the requirements of the said Regulation 58 or to signify your intention of doing so: Now THEREFORE TAKE NOTICE that you are required forthwith to show cause why legal proceedings should not be taken against you for a breach of the said Regulation. Dated the ………………. day of .................................................................................... ……………………………………………… For the Government of Tonga Director of Agriculture, Forests and Fisheries Diseases of Plants Regulations CAP. 127A SCHEDULE V 1988 Revised Edition to Page 19 SCHEDULE V (Regulation 55) RHINOCEROS BEETLE INSPECTION CERTIFICATE No …………………………. Date .................................................. To the Master of ……………………………………………………… This is to certify that the vessel …………………………………………… which has been inspected for Rhinoceros Beetle is allowed to clear port of ………………………………………. by ................. a.m./p.m. on ………………………………………………………. 19 ......... Time Sailing for .................................. Time inspected ................................... Cargo ……………………………….. Remarks ............................................. ....................................... Signed Inspector. (Added, G.S. 44/65) SCHEDULE VI CAP. 127A Diseases of Plants Regulations 1988 Revised Edition Page 20 to SCHEDULE VI (Inserted G.S. 46/69) (Regulation 31) Government of Tonga DEPARTMENT OF AGRICULTURE Date ………………….. Number ............................................ (Rhinoceros Beetle Regulations) In pursuance of the powers conferred upon me by Regulation 31 of the Diseases of Plants Regulations, I hereby notify you ........................................................................... (Landowner, lease-holder, or occupier) ...................................................................................................................... holding land at ...................................................................................................................... to destroy (Name of District/Village) the Rhinoceros Beetle Breeding Site together with all forms of the Beetle contained therein, situated upon your land as indicated by me within ................ days from the day you receive this notice. ……………………………………………. Rhinoceros Beetle Inspector Department of Agriculture, Forests and Fisheries Diseases of Plants Regulations CAP. 127A SCHEDULE VII 1988 Revised Edition to Page 21 SCHEDULE VII (Inserted G.S. 46/69) (Regulation 33) Government of Tonga DEPARTMENT OF AGRICULTURE Date ........................ Number ............................................. In pursuance of the powers conferred upon me by Regulation 33 of the Diseases of Plants Regulations, I hereby ORDER you ...................................................................... (Landowner, lease-holder, or occupier) ................................................................................................................... holding land at .......................................................................................................................... to destroy (Name of District/Village) or cause to be destroyed the Rhinoceros Beetle Breeding Site, together with all forms of the Beetle contained therein, situated upon your land as indicated by the Rhinoceros Beetle Inspector within ……………… days from the day you receive this ORDER. ............................................................... Director of Agriculture, Forests and Fisheries