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Bunchytop Act 1965

LAWS OF WESTERN SAMOA

BUNCHYTOP

ANALYSIS

Title

PART I
PRELIMINARY

1. Short title
2. Interpretation
3. Appointment of inspectors

PART II
QUARANTINE AREAS

4. Declaration of quarantine areas
5. Duties and liabilities of occupiers of land in quarantine areas
6. Plans not to be exported from a quarantine area
7. Duties of driver and captain
8. Duties of inspector and members of the Police Service
9. Saving as to fruit, and exports by Director

PART III
SPECIAL AREAS

10. Declaration of special areas
11. Planting and cultivation of banana, plantain and hemp in special areas
12. Default in complying with conditions of permit

PART IV
QUARANTINE AND OTHER AREAS

13. Existing plants of Manilla hemp infested with bunchytop to be treated if required and killed
14. Duties of occupier of land where bunchytop exists
15. Removal of plants where bunchytop exists
15A. Prohibiting cultivation of banana, etc., near road
16. Notice to comply with requirements of Act
17. Inspection and treatment without notice
17A. Inspection and destruction without notice
18. Governmental land
19. Experimental powers of Director

PART V
GENERAL

20. Service of documents
21. Offences and penalties
22. Regulations
23. Repeal and revocation

Schedules

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THE BUNCHYTOP ACT 1965

1965, No. 5

An Act to consolidate and amend the law as to the detection, treatment and eradication of the disease of bunchytop in banana, plantain and hemp.

[4 May 1965]

PART I
PRELIMINARY

1. Short title - This Act may be cited as the Bunchytop Act 1965.

2. Interpretation - (1) In this Act, unless the context otherwise requires, -

"Animal" includes a horse, a bullock, and every other beast of burden:

"Banana", "plantain", and "hemp" when used collectively mean and include all plants of the genera Musa and Heliconia and extend to the seeds and to every part of the plants whether attached to the plants or separated therefrom:

"Captain" means any person in charge of any vessel, and includes the owner thereof:

"Director" means the officer of the Public Service holding the office of Director of Agriculture, Forests and Fisheries; and includes any person acting as his deputy:

"Inspector" means an inspector appointed under this Act:

"Minister" means the Minister of Agriculture, Forests and Fisheries:

"Occupier", in relation to any land, means any person in actual occupation of the land or entitled to occupy the land and includes the owner of the land and any other person in receipt of or entitled to the receipt of the rents and profits thereof and any agent or trustee of art occupier of the land, but does not include the Government as trustee of the beneficial owners:

"Plants" includes any plant or tree in any stage of growth:

"Public notice" means a notice published at least once in the Western Samoa Gazette and once in the Savali, and commencing to have effect on the latter of such 2 publications:

["Road" has the same meaning as in section 2 of the Taking of Land Act 1964:]

"Vehicle" includes a truck, a lorry, a cart, and every other form of inanimate conveyance by land, whether mechanically propelled or not:

"Vessel" includes any ship, boat and aircraft.

(2) The duties, obligations, and liabilities of an occupier under this Act insofar as they apply to any land shall be deemed to apply also to the road frontage of such land as defined in section 2 of the Road Clearing Ordinance 1950.

Cf. 1959, No. 2, s. 2

In subs. (1) the definition of the term "road" was inserted by s. 2 of the Bunchytop Amendment Act 1966.

3. Appointment of inspectors - The Director may from time to time by Notice published in the Savali appoint such of the officers of his department as he thinks fit to be inspectors for the purposes of this Act, and may delegate to them or any of them pursuant to section 10 of the Agriculture, Forests and Fisheries Ordinance 1959 any of the powers and functions conferred on him by this Act.

Cf. 1959, No. 2, s. 10

PART II
QUARANTINE AREAS

As to enactments controlling imports, etc., see the note to s. 1 of the Shipping Act 1972.

4. Declaration of quarantine areas - (1) The Director may, at any time by public notice, declare any area in Western Samoa to be a quarantine area for the purposes of this Act.

(2) In deciding whether or not to declare any area to be a quarantine area, the Director shall take into account the number and distribution in that area of banana, plantain and hemp plants infected with bunchytop.

(3) The Director may, at any time by public notice, revoke the declaration of any quarantine area, in whole or in part, or declare any other area to be a quarantine area for the purposes of this Act, whether by reason of the eradication of bunchytop in the whole or part of any quarantine area, or the spread of bunchytop, or for any other reason which appears to the Director to warrant such action.

Cf. 1959, No. 2, s. 4

5. Duties and liabilities of occupiers of land in quarantine areas - (1) Every occupier of land within a quarantine area shall keep the ground surrounding any banana, plantain or hemp plant free and clear of all weeds and other plant growths for a distance of not less than 3 feet from every banana, plantain or hemp plant on his land.

(2) Every occupier of land within a quarantine area on which there is any banana, plantain or hemp plant infected with bunchytop shall -

(a) If required by the Director or an inspector, first treat the whole surface of the plant with insecticide of a type approved by the Director in such a manner as to kill all aphids on the plant; and

(b) Forthwith, or forthwith after such treatment if required, either -

(i) Dig the plant out of the ground and split the stem lengthwise along the whole of its length into at least 4 pieces and slice the underground portion of the plant into sections not exceeding one inch in thickness; or

(ii) Treat the plant with such amount of chemical weedkiller of such type and in such a manner as the Director recommends as sufficient completely to kill the plant within 3 months of treatment; or

(iii) Kill the plant by such other method (if any) as the Head of State, acting on the advice of the Minister, may prescribe by regulations made under this Act.

Cf. 1959, No. 2, s. 5

6. Plants not to be exported from a quarantine area - No banana, plantain or hemp shall be taken or loaded on any animal, vehicle or vessel departing from a quarantine area, or be otherwise exported therefrom, to any non - quarantine area in Western Samoa or to any other country.

Cf. S.R. 1959/3, r.3(1)

For the general powers of the Director to maintain the standard of primary produce exported, see the Produce Export Ordinance 1961.

See also the Customs Act 1977, and W.S.R. 1978/5

7. Duties of driver and captain - (1) If it comes to the knowledge of the driver of any animal or vehicle or the captain of any vessel that any banana, plantain or hemp has been taken or loaded on his animal, vehicle or vessel, as the case may be, contrary to section 6 of this Act, he shall forthwith seize all banana, plantain and hemp so taken or loaded, and deal with the same as hereinafter provided in this section.

(2) That driver or captain shall not land any banana, plantain or hemp anywhere outside the quarantine area from which it came, and shall as soon as possible return it to the quarantine area from which it came and there hand it to an inspector or to a member of [the Police Service].

(3) If it is not practicable for that captain of a vessel to return such banana, plantain or hemp to the quarantine area from which it came and there hand it to an inspector or to a member of [the Police Service], he shall cast it into the sea at least 3 miles from any land.

Cf. S.R. 1959/3, r. 3 (2) (3) (4)

In subs. (2) and (3) references to the Police Service were substituted for references to the Police (as amended by s.3 (3) of the Police Act 1969) by s.3 (3) of the Police Service Act 1977.

8. Duties of inspector and members of the Police Service - (1) An inspector or member of [the Police Service] receiving any banana, plantain or hemp pursuant to subsection (2) of section 7 of this Act shall forthwith deal with the same as if they were infected with bunchytop, in the manner set out in subsection (2) of section 5 of this Act.

(2) Every member of [the Police Service], under the guidance of the Director, shall -

(a) Take all such reasonable steps as are authorised in this Act, expressly or impliedly, or are necessary or expedient, to prevent any banana, plantain or hemp being exported from a quarantine area; and

(b) Seize all banana, plantain and hemp exported from a quarantine area and found in or in transit to any other part of Western Samoa, and deal with the same as if they were infected with bunchytop, in the manner set out in subsection (2) of section 5 of this Act.

Cf. S.R. 1959/3, r. 4

In subss. (1) and (2) the references to the Police Service were substituted for references to the Police (as amended by s. 3 (3) of the Police Act 1969) by s. 3 (3) of the Police Service Act 1977.

9. Saving as to fruit and exports by Director - Nothing in sections 6, 7 and 8 of this Act shall, unless the Director otherwise decides, operate to prevent the packing for export and despatch of any fruit of the banana, or the export from a quarantine area of banana, plantain or hemp by the Director.

Cf. S.R. 1959/3, r. 5

PART III
SPECIAL AREAS

10. Declaration of special areas - (1) The Director may, at any time by public notice, declare any area in a quarantine area to be a special area for the purposes of this Act.

(2) In deciding whether or not to declare any area to be a special area, the Director shall take into account the number and distribution in that area of banana, plantain and hemp plants infected with bunchytop, and the desirability and feasibility of giving preference to the rehabilitation of the growing of banana in that area.

(3) The Director may, at any time by public notice, revoke the declaration of any special area, in whole or in part, or declare any other area in a quarantine area to be a special area for purposes of this Act, whether by reason of the eradication of bunchytop in the whole or part of a special area, or the spread of bunchytop, or for any other reason which appears to the Director to warrant: such action.

Cf. 1959, No. 2, s. 4

11. Planting and cultivation of banana, plantain and hemp in special areas - (1) No person shall plant or cultivate any banana, plantain or hemp in a special area, except pursuant to, and in accordance with the conditions contained in, a prior written permit in the form set out in the First Schedule to this Act or to the like effect, granted by the Director to an occupier of land in a special area.

(2) Each such permit granted shall be subject to the conditions set out in the said form.

(3) Each such permit granted may be made subject to such further conditions as to planting or cultivation as the Director thinks fit.

12. Default in complying with conditions of permit - (1) If any condition as to planting or cultivation contained in any permit issued under section 11 of this Act has not been, or is not being, complied with to the satisfaction of the Director, he may suspend or revoke that permit by notice in writing to the occupier to whom it was granted.

(2) As from the suspension or revocation of a permit under subsection (1) of this section until that permit is reinstated or a new permit is granted to the same or another occupier of the same land, -

(a) No banana, plantain or hemp shall be planted or cultivated in or on that land by any person other than the Director or any inspector or other person authorised by the Director;

(b) The Director or any inspector or other person authorised by the Director may enter upon that land and there do such work as the Director thinks fit towards compliance with the conditions of the suspended or revoked permit;

(c) All money reasonably expended by or on behalf of the Director under this section as a consequence of failure or neglect to comply with any such condition shall be recoverable from any occupier of that land at the suit of the Director in any Court of competent jurisdiction; and

(d) Where any money has been recovered from an occupier of land pursuant to paragraph (c) of this subsection (2) of this section, that occupier shall be entitled to contribution from any other occupier of the land according to the respective values of their estates or interests therein or rights thereover.

(3) An occupier of land who is the holder of a permit under section 11 of this Act and who fails or neglects to comply with any condition as to planting or cultivation contained in that permit shall, in addition to his liability for money expended by or on behalf of the Director, be guilty of an offence under this Act.

Cf. 1959, No. 2, s. 7

PART IV
QUARANTINE AND OTHER AREAS

As to enactments controlling imports, etc., see the note to s. 1 of the Shipping Act 1972.

13. Existing plants of Manilla hemp infested with bunchytop to be treated if required and killed - The occupier of any land anywhere in Western Samoa, whether within a quarantine area or not, on or in which any plant of Manilla hemp (Musa textilis Nee) is growing and is infected with bunchytop shall deal with all such plants in the manner set out in subsection (2) of section 5 of this Act.

14. Duties of occupier of land where bunchytop exists - (1) Every occupier of land on which there is any banana, plantain or hemp plant infected with bunchytop shall at all times do whatever is necessary to eradicate bunchytop from such land and to prevent the spread thereof.

(2) If it comes to the knowledge of any occupier of land that there is any banana, plantain or hemp plant infected with bunchytop on his land he shall forthwith notify the Director of the existence of such bunchytop.

Cf. 1959, No. 2, s. 3

15. Removal of plants where bunchytop exists - (1) Neither the occupier of any land on which there is any banana, plantain or hemp plant infected with bunchytop nor any other person shall, except as provided in subsection (2) of this section, remove any banana, plantain or hemp from one part of that land to another part of that land or off that land, except with the prior written consent of the Director or an inspector.

(2) Nothing in subsection (1) of this section shall, unless the Director otherwise decides, operate to prevent the packing for export and despatch of any fruit of the banana.

Cf. 1959, No. 2, s. 6

[15A. Prohibiting cultivation of banana, etc., near road - No occupier of any land, whether in a quarantine area or not, shall plant or cultivate any banana, plantain or hemp for a distance of 30 feet from the centre of any road.]

This section was inserted by s. 3 of the Bunchytop Amendment Act 1966.

16. Notice to comply with requirements of Act - (1) The Director or an inspector authorised by him may, by notice in the form set out in the Second Schedule hereto or to the like effect to any occupier of any land, whether in a quarantine area or not, require that some occupier of that land comply with any requirements of this Act and in such notice shall specify the work to be done to comply with such requirements and the time within and the manner in which such work shall be done.

(2) In any case where no occupier of that land complies with any requirement of this Act within the time and in the manner so specified, the Director or any inspector or other person authorised by the Director may enter upon that land and comply with such requirement.

(3) All money reasonably expended by or on behalf of the Director under this section, as a consequence of no occupier of that land complying with any requirement of this Act within the time and in the manner so specified, shall be recoverable from any occupier of that land at the suit of the Director in any Court of competent jurisdiction.

(4) Where any money has been recovered from an occupier of land pursuant to subsection (3) of this section, that occupier shall be entitled to contribution from any other occupier of the land according to the respective values of their estates or interests therein or rights thereover.

(5) Any occupier of land on whom such a notice has been served who fails or neglects to comply with any requirement of this Act within the time and in the manner so specified shall in addition to his liability for money expended by or on behalf of the Director, be guilty of an offence under this Act.

Cf. 1959, No. 2, s. 7

17. Inspection and treatment without notice - (1) The Director or any person authorised by him in that behalf may at any time and without having first served any notice under section 16 of this Act enter upon any land, whether in a quarantine area or not, to ascertain if there is any banana, plantain or hemp thereon infected with bunchytop and may, if he thinks fit, take such measures as he considers necessary to eradicate bunchytop from that land, or may dust, spray, or otherwise treat that land or any banana, plantain or hemp thereon to prevent the spread of bunchytop on, to or from that land.

(2) Except as provided in section 12 of this Act, where any treatment is carried out on any land without the service of notice on any occupier of that land requiring him to carry out such treatment, no occupier of that land shall be liable to pay the costs of such treatment.

Cf. 1959, No. 2, s. 8

[17A. Inspection and destruction without notice - (1) The Director or any person authorised by him in that behalf may at any time and without having first served any notice under section 16 of this Act enter upon any land, whether in a quarantine area or not, and destroy any banana, plantain or hemp growing within 30 feet from the centre of any road.

(2) Except as provided in section 12 of this Act, where any destruction is carried out on any land under this section without the service of notice on any occupier of that land requiring him to carry out such destruction, no occupier of that land shall be liable to pay the costs of such destruction.]

This section was inserted by s. 4 of the Bunchytop Amendment Act 1966.

18. Government land - (1) The Director or any inspector authorised in writing by the Director may enter upon any land of the Government of Western Samoa and take such measures thereon as may be necessary to eradicate bunchytop therefrom or to prevent the spread of bunchytop on, to or from that land.

(2) Where any measures are taken or any work is done under this section the costs and expenses reasonably incurred in respect of the work done shall be defrayed out of money from time to time appropriated for the purpose by the Legislative Assembly.

Cf. 1959, No. 2, s. 9

19. Experimental powers of Director - Notwithstanding anything contained elsewhere in this Act, the Director may, in his discretion, plant or cultivate banana, plantain or hemp infected with bunchytop on any land, whether in a quarantine area or not, in endeavours to produce a type of plant which can tolerate some degree of bunchytop infection without unduly affecting its productive capacity, and which shows resistance to more virulent infection, or otherwise for experimental purposes.

PART V
GENERAL

20. Service of documents - (1) Any notice or other document required to be served on any person for the purposes of this Act may be served by delivering it to that person or by posting it by registered letter to that person at his last known place of abode or business in Western Samoa. A notice or other document so posted shall be deemed to have been served at the time when the registered letter would in ordinary course of post reasonably be expected to be delivered to him.

(2) If the Director or any inspector considers that any person would be more likely to learn of the contents of any notice or document if it were left on any land of which he is an occupier, or if such person is absent from Western Samoa or is deceased, the notice or document may be served by affixing on some conspicuous part of land of which he is an occupier.

Cf. 1959, No. 2, s. 12

21. Offences and penalties - (1) Every person commits an offence under this Act and shall be liable on conviction to a fine not exceeding [$20] who -

[(a) Fails or neglects to comply with any requirement of sections 6, 7, 8, 11, or 15A of this Act; or]

(b) After it has come to his knowledge that there is any banana, plantain or hemp plant infected with bunchytop on land occupied by him, fails forthwith to notify the Director thereof; or

(c) Is guilty of an offence under section 12 or 16 of this Act.

(2) Every person commits an offence under this Act and shall be liable on conviction to a fine not exceeding [$100] or to imprisonment for a term not exceeding 6 months or to both such fine and imprisonment who, obstructs or hinders or endeavours to obstruct or hinder the Director or any inspector or other person in making any inspection of any land or in carrying out any measures authorised by this Act.

Cf. 1959, No. 2, s. 13

In subs. (1), para. (a) was substituted for the original para. (a) by s. 5 of the Bunchytop Amendment Act 1966.

22. Regulations - The Head of State, acting on the advice of the Minister, may from time to time by Order make all such regulations as may in his opinion be necessary or expedient to give effect to the provisions of this Act and for the due administration thereof.

Cf. 1959, No. 2, s. 14

23. Repeal and revocation - (1) The Bunchytop Ordinance 1959 (1959, No. 2) is hereby repealed.

(2) The Bunchytop Regulations 1959 (S.R. 1959/3) are hereby revoked.

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SCHEDULES

FIRST SCHEDULE

Section 11

DEPARTMENT OF AGRICULTURE

Permit No.

Permit authorising the planting and cultivation of bananas, plantain or hemp under the Bunchytop Act 1965.

The Director of Agriculture authorises..........................................................................................

(name and address of planter)

................................................................................................... to plant and cultivate (cultivate)
...........................................................acres of bananas, plantain or hemp in.................................

provided that the following conditions are observed in the area planted:

1. That the provisions of the Bunchytop Act 1965 and any Regulations issued thereunder are observed.

2. That the following operations are carried out to the satisfaction of the Director or an inspector of the Department of Agriculture, Forests and Fisheries:

(a) Control of Scab Moth (Nacoleia octasema)

(b) Desuckering

(c) Application of fertilizer

3. (Other conditions).......................................................................................
..................................................................................................................

.........................................................................
Director of Agriculture, Forests and Fisheries

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Section 16

SECOND SCHEDULE

NOTICE UNDER SECTION 16 OF THE BUNCHYTOP ACT 1965

To A. B. (Occupier)

[Address]

Take notice that in order to comply with the requirements of the above Act in respect of the land of which you are an occupier as defined in the said Act being (here describe land so as to be reasonably capable of identification) you are required to do the work set out below, or cause the same to be done by some other occupier of that land, within the respective time or times and in the manner herein mentioned.

(Here set out work to be done and time or times within which the work or any specified portions of the work must be completed and specify the manner in which it is to be carried out.)

Extract from Bunchytop Act 1965:

Sections of the Bunchytop Act 1965 are as follows - (Here quote the section or sections which require the work to be done, plus section 16 and the relevant part of section 21.)

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THE BUNCHYTOP AMENDMENT ACT 1966

1966, No. 12

An Act to amend the Bunchytop Act 1965.

[7 July 1966

1. Short title - This Act may be cited as the Bunchytop Amendment Act 1966, and shall be read together with and be deemed part of the Bunchytop Act 1965 (hereinafter referred to as the principal Act).

2. This section inserted the definition of the term "road" in s. 2 (1) of the principal Act.

3. This section inserted s. 15A in the principal Act.

4. This section inserted s. 17A in the principal Act.

5. This section substituted a new paragraph for para. (a) of s. 21 (1) of the principal Act.

___________

The Bunchytop Act 1965 is administered in the Department of Agriculture, Forests and Fisheries.

____________________________

REGULATIONS APPLYING TO BUNCHYTOP

Inspectors, Quarantine Areas, and Special Areas Appointment and Declaration 1966

(Gaz. 1966, p. 189)

_____________________________

TAKE NOTICE that pursuant to the Bunchytop Act 1965:

(a) The following officers of the Department of Agriculture, Forests and Fisheries are hereby appointed Inspector for the purposes of the said Act.

1. William Horace Smith

2. Fa'asuaga Misaiva'alogo

(b) I hereby declare the areas described in Schedule (1) hereto to be quarantine areas for the purposes of the said Act.

(c) I hereby declare the areas described in Schedule (2) hereto to be special areas for the purposes of the said Act.

T. M. S. CUNLIFFE.,
Director of Agriculture, Forests and Fisheries.

SCHEDULE (1)

All those areas of land bounded as follows:

(a) The whole of the islands of Upolu, Manono and Apolima, excepting therefrom the area of land commencing at a point on the coast in line with the most western boundary of the village of Sauago; thence by a right line in a southerly direction to Mount Fao; thence by a right line in a north - westerly direction to Falefa Falls; thence generally in a northerly direction along the centre of the Falefa River to its mouth; thence generally in an easterly and southerly direction along the coast to the point of commencement.

(b) The whole of the island of Savai'i, excepting therefrom that area of land commencing at a point on the coast called Aveavai; thence in a westerly, northerly, southerly and easterly direction along the coast to a point on the coast in line with the most western boundary of the village Si'uvao; thence by a right line on a bearing of approximately 58 degrees for a distance of 19 miles to the point of commencement.

_________

SCHEDULE (2)

All those areas of land bounded as follows:

(a) Commencing at a point on the coast at Cape Fatuosofia; thence generally in a south easterly direction by a right line on a bearing of approximately 103 degrees for a distance of 3½ miles to the un - named peak south west of Afolau; thence generally in a south easterly direction by a right line to Saninoga; thence continuing in a south easterly direction by a right line to Mauga'ulu; thence in a southerly direction along the centre of the track from Mauga'ulu to the intersection of the said track and the main coast road; thence continuing in a southerly direction by a right line to a point on the coast half way between Fusifou and Vaie'efou; thence generally in a westerly direction along the coast to the point of commencement.

(b) Commencing at a point on the coast called Asi (north of Fusi Village); thence generally in a north westerly direction by a right line to the most northern boundary of Tapueleele Village; thence continuing in a north westerly direction on a bearing of approximately 300 degrees for a distance of one mile; thence generally in a south westerly direction by a right line on a bearing of approximately 218 degrees for a distance of 7½ miles to the centre of the Faleata River; thence generally in a southerly direction along the centre of that River to its mouth; thence generally in an easterly and northerly direction along the coast to the point of commencement.

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