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Plants Ordinance

LAWS OF THE GILBERT ISLANDS
REVISED EDITION 1977

CHAPTER 72

PLANTS

ARRANGEMENT OF SECTIONS

Section

PART I

PRELIMINARY

1. Short title
2. Interpretation
3. Quarantine officers

PART II

CONTROL OF PLANT IMPORTATION

4. Prohibition of the importation of certain plants
5. Restriction on places at which plants can be imported
6. Restrictions on importation
7. Powers of inspection and destruction
8. Restriction on the importation of earth
9. Powers of quarantine officers in respect of imported plants
10. Regulations controlling importation

PART III

ERADICATION OF PLANT DISEASE WITHIN THE GILBERT ISLANDS

11. Infected areas
12. Power to treat imported plants
13. Regulations controlling eradication of disease

PART IV

MISCELLANEOUS

14. Provision of services by quarantine officers and forms
15. Fees.
16. Offences
17. The Government not liable for loss or damage
18. Powers relating to plants suspected to have been illegally imported

SCHEDULES

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An Ordinance to provide for the protection of plants within the Gilbert Islands

8 of 1976

Commencement: 1^st September 1976

PART I

PRELIMINARY

Short Title

1. This Ordinance may be cited as the Plants Ordinance.

Interpretation

2. In this Ordinance unless the context otherwise requires-

"Chief Agricultural Officer" means the Chief Agricultural Officer of the Division of Agriculture or the holder of such other office as the Minister may from time to time by notice designate;

"earth" includes soil, sand, ashes and other similar material;

"Minister" means the Minister for the time being responsible for agriculture;

"pest" means any insect, mite, tick, slug, snail, bacterial or other vegetable or animal organism and includes the eggs, larvae, nymphs and pupae of any such pest and any agent causative of a plant disease which is or may be injurious to any domestic animal or domestic fowl;

"plant" or "plants" includes trees, shrubs, grasses, vegetables and vegetable growths and any portions thereof such as cuttings, buds, grafts, stalks, wood, roots, tubers, bulbs, seed, fruit, leaves, bark, fibre and flowers and portions thereof, and includes material containing such plant whether fresh, dried or otherwise treated, but does not include such timber or other plants products or manufactured articles derived from plant products as can be shown to the satisfaction of the Chief Agricultural Officer to be incapable of carrying any plant disease or pest;

"plant disease" means any condition injurious to, or adversely affecting, any plant and includes the causative agent and any form, or stage of development of such condition;

"plant material" means plants and all items manufactured in whole or in part from a plant;

"prohibited plant" means any plant the importation or introduction of which into the Gilbert Islands is prohibited by order under section 4;

"quarantine officer" means any person appointed by the Minister under section 3 to be a quarantine officer for the purpose of this Ordinance; and

"restricted plant" means any plant the importation or introduction of which into the Islands has been made subject to conditions and restrictions by virtue of an order under section 4.

Quarantine officers

3. (1) Quarantine officers shall be appointed by the Minister.

(2) It shall be lawful for any quarantine officer, in addition to the powers conferred on him by section 9, to enter upon any land or premises (other than a dwelling-house) in any part of the Gilbert Islands for the purpose of searching for any plant disease or pest or examining any plant and for him to do all things necessary for the purposes of such search or examination or for otherwise carrying out his duties under the provisions of this Ordinance and any regulations made hereunder.

(3) Any person who wilfully hinders, obstructs or delays, or neglects or refuses to furnish to a quarantine officer acting in the performance of his duties any information required by him under this Ordinance or regulations made hereunder shall be liable to a fine of $50.

PART II

CONTROL OF PLANT IMPORTATION

Prohibition for the importation of certain products

4. (1) For the purpose of protecting agriculture and livestock against the introduction from outside the Gilbert Islands of pests and plant diseases the Minister may by order prohibit the importation or introduction into the Islands of any plants, including plants generally or specified plants generally or plants from any specified place, or specified plants from any specified place, and either absolutely or so as to allow the importation or introduction subject to specified conditions or restrictions.

(2) Any person who wilfully imports or introduces, or attempt_s to import or introduce, into the Islands any prohibited Plant or any restricted plant in respect of which the conditions and restrictions applying thereto or any of them have not been complied with shall be liable to a fine of $1000 and to imprisonment for 12 months, and the plant shall be seized and destroyed by a quarantine officer.

Restriction on places at which plants can be imported

5. (1) Save with the express authority in writing of the Chief Agricultural Officer no plant shall be imported into the Gilbert Islands except through the ports of Betio, Ocean Island and Christmas Island and the airports at Bonriki and Christmas Island or such other ports or airports as may from time to time be designated by the Minister.

(2) The officer in charge of every post office at which any plant arrives shall notify the Chief Agricultural Officer of the arrival as soon as practical thereafter.

Restrictions on importations

6. (1) No plant shall be imported into the Gilbert Islands -

(a) except under and in accordance with the terms and conditions of -

(i) a notice under subsection (2), or

(ii) a permit first had and obtained under section 14 (1); and

(b) unless such plant is accompanied by a certificate substantially in accord with Form A as set out in Schedule 1, certifying it to be free from plant disease or pests, and signed by an official authorised to issue such certificates in the country in which the plant was produced or whence it was imported;

Schedule 1

(c) unless such plant is packed in packages and wrappings that are clean, new and have not previously been used, and which do not contain any sawdust, hay, chaff, leaves, straw, moss, vegetable fibre or forest litter as packing material; and

(d) unless such plant has been inspected by a quarantine officer and the quarantine officer has approved its release or onward transmission.

(2) The Minister may by notice declare that any plant which he shall specify may be imported without a permit under section 14 (1), subject to such terms and conditions as he shall specify.

(3) Any plant and the package, including all packing materials in which it is packed and any other article with which the plant has been in contact, may be seized and destroyed by a quarantine officer if the plant, package or packing materials are imported in contravention of the provisions of this section.

Powers of inspection and destruction

7. (1) No plant or container or wrapping in which the plant has been imported or any other article with which the plant has been in contact shall be released by an Officer of Customs within the meaning of the Customs Ordinance or by an officer of the post office, within the meaning of the Post Office Ordinance, until a quarantine officer has examined the said plant, container, wrapping, or other articles with which it has been in contact and it shall be the duty of the consignee or his agent to open from its covering any such plant and to afford every facility to the quarantine officer during his examination thereof.
Cap 22 Cap 74.

(2) Plants held subject to the conditions of this section may when deemed necessary by the quarantine officer be fumigated and otherwise treated by him in such manner as he or the Chief Agricultural Officer shall see fit, and the container, wrappings and other articles with which the plant has been in contact may be similarly treated or, if the quarantine officer or Chief Agricultural Officer sees fit, destroyed.

(3) Any plant found to be infected with any plant disease, or to carry any pest or earth, shall in all cases be destroyed together with all containers, wrappings, and other articles with which the plant has been in contact.

Restriction on the importation of earth

8. (1) Except with the express permission of the Chief Agricultural Officer, no earth shall be imported into the Gilbert Islands.

(2) Any earth imported may be seized by a quarantine officer and disposed of in accordance with the Chief Agricultural Officer's instructions.

(3) Any person who wilfully imports or introduces, or attempts to import or introduce, earth into the Islands, shall be liable to a fine of $1000 and to imprisonment for 12 months.

Powers of Quarantine officers in respect of imported plants

9. (1) A quarantine officer may for the purpose of ascertaining whether or ensuring that the provisions of this Ordinance or any regulations made hereunder are being observed -

(a) enter and inspect any vessel or aircraft entering the Gilbert Islands and open and examine any box, case or container of any sort carried thereon;

(b) require any passenger entering the Islands to state either orally or in a signed declaration in writing whether he is carrying any plants;

(c) search and examine the baggage and effects of any passenger entering the Islands; and

(d) fumigate or otherwise treat or cause to be fumigated or otherwise treated any such baggage or effects as he may reasonably suspect to have been exposed to infection or infestation by any plant disease or pest.

(2) A quarantine officer may seize any plant or other thing in respect of or in relation to which there is reasonable cause to believe that an offence under this Ordinance or regulations made hereunder has been, is being, or is likely to be committed and the master of every incoming vessel and the pilot of every incoming aircraft shall, in relation to his vessel or aircraft and every box, case or container therein or thereon, afford the quarantine officer every reasonable facility for so doing.

(3) A quarantine officer may deal with any plant seized under subsection (2) as if it had been held in pursuance of section 7.

Regulations controlling importation

10. The Minister may make regulations generally for the better carrying out of the control of plant importation, including the prescribing of forms, and, in particular, including the imposition of restrictions on and the treatment (whether by way of fumigation or howsoever otherwise) of vessels, aircraft and goods arriving from countries in which plant disease or pests that may be introduced into the Gilbert Islands are known or suspected.

PART III

ERADICATION OF PLANT DISEASE WITHIN THE GILBERT ISLANDS

Infected areas

11. The Minister may at any time by notice declare any area within the Gilbert Islands to be an infected area and prohibit the movements of plant material and plants into, out of or within that area.

Power to treat imported plants

12. (1) If a quarantine officer knows or has reason to believe that a plant imported into the Gilbert Islands at any time is infected with any plant disease or carries any pest he may, with the authority of the Chief Agricultural Officer, examine the said plant for the purpose of determining as far as possible whether any pest or plant disease is present and it shall be the duty of the owner to afford every facility to the quarantine officer during his examination.

(2) If the quarantine officer deems it necessary in respect of any plant examined or if the plant is infected with any plant disease or carries any pest, he may proceed in accordance with the provisions of sections 7 (2) and 7 (3) as if the plant had been held in pursuance of that section.

Regulations controlling eradication of disease

13. The Minister may make regulations generally for the better carrying out of the provisions of this part of this Ordinance and, in particular, but without limiting the generality of the foregoing, for any or all of the purposes mentioned hereunder –

(a) to prescribe measures to be taken in infected areas to further prevent the introduction and spread of plant disease and pests and the eradication of the same;

(b) to further restrict the introduction into and movement of plants and plant material within areas lying outside infected areas;

(c) to give quarantine officers further powers to remove or destroy, or cause to be removed or destroyed, any plant or soil which is infected with plant disease or pest, and take such further steps as they may see fit to prevent the spread of the plant disease or pest; and

(d) to compensate owners for the destruction or removal of plant material in pursuance of the regulations.

PART IV

MISCELLANEOUS

Provision of services by quarantine officers and forms

14. (1) Any person desiring to import plant or plant material into the Gilbert Islands and in respect of which no notice has been issued under section 6 (2) and no order is in force under section 4 may request the issue of a permit permitting such importation and the Chief Agricultural Officer may issue a permit in accord with Form B, as set out in Schedule 1, for the importation of such plant, subject to such terms and conditions including the detention and quarantine of the plant for not more than 1 year, as he may specify.

(2) Any person desiring to export plants or plant material may request the Chief Agricultural Officer to have such plants or plant material examined and treated by a quarantine officer and a certificate issued in the form of Form A set out in Schedule 1.

(3) If, pursuant to a request in accordance with subsection (2), a quarantine officer is satisfied, after testing and thorough examination, and, if he thinks fit treatment (including fumigation), that the plant material is not infected with any plant disease and does not carry any pest, he may, on receipt of the fee set out in Schedule 2 issue a certificate in Form A as set out in Schedule 1.
Schedule 2
Laws of the Gilbert Islands, Vol III, Sig 3

(4) The Minister shall have power by order to make or substitute new forms for those set out in Schedule 1.

Fees

15. (1) The fees set out in Schedule 2 shall be paid by or on behalf of any person wishing to export plant material for the services performed and the issue of a certificate in pursuance of section 14(3).

(2) The Minister shall have power by order to substitute from time to time a new scale of fees for those prescribed in Schedule 2.

Offences

16. Any person who acts or attempts to act in contravention of any of the provisions of this Ordinance or of any order or regulation made hereunder or who refuses or neglects to observe or carry out any conditions, restrictions or requirements lawfully imposed hereunder or thereunder shall be liable, unless another penalty is provided for the offence elsewhere in this Ordinance, to a fine of $500 and to imprisonment for 6 months.

The Government not liable for loss or damage

17. No legal proceedings shall lie for any loss or damage that may result from anything lawfully done under the provisions of this Ordinance or any regulations made under the provisions of this Ordinance or any regulations made hereunder or from any process or detention that may be considered necessary or desirable to cleanse or disinfect any plant or other articles or goods, or to discover the existence or otherwise of any pest or plant disease.

Powers relating to plants suspected to have been illegally imported

18. (1) A quarantine officer may require any person possessing any plant which is being or has been imported to furnish proof that the importation of the plant is not unlawful by virtue of the provisions of this Ordinance.

(2) If proof under subsection (1) is not furnished to his satisfaction the quarantine officer may seize and destroy the plant.

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SCHEDULE 1

FORMS (Sections 6 and 14)

FORM 'A'

AGRICULTURAL DIVISION
The Gilbert Islands
Plants Ordinance (CAP. 72)

PHYTOSANITARY CERTIFICATE

This is to certify that the plants, parts or plant material shown below, or representative samples of them, have been thoroughly examined by a Quarantine Officer of the Division of Agriculture and found, to the best of his knowledge, to be substantially free from injurious pests and diseases.

Name of examining Officer: ............................ Date and Stamp: ...............................

FUMIGATION OR DISINFECTION TREATMENT

Treatment: ................................................................................................... ...................................................................................................

....................................................................................................
Date: ...........................................................
Signature: ....................................................
Designation: .................................................

DESCRIPTION OF CONSIGNMENT

Name and address of Exporter: ........................................................................
........................................................................
........................................................................

Name and address of Consignee: ........................................................................
........................................................................
........................................................................
Number and description of packages: ........................................................................
Distinguishing marks: ..........................................................................................
Country of Origin: ..............................................................................................
Means of conveyance: ..........................................................................................
Port of entry: ....................................................................................................
Quantity and name of procedure: .............................................................................
Botanical name(s): .............................................................................................

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FORM 'B'

AGRICULTURAL DIVISION
The Gilbert Islands
Plants Ordinance (Cap. 72)

PERMIT TO IMPORT PLANTS

PERMIT NUMBER: .................................

To: ....................................
....................................
....................................

Subject to the provisions of the Plants Ordinance, and to the conditions endorsed below, permission is granted to you to import the following plants-

Conditions:

1. This permit is valid for a period of ........................................................ from the date of issue.
2. The plants may only be imported through ....................................................................................

(port of entry)
3.
4.
5.

Date and Stamp: .......................................................Signed: ............................................................

(Chief Agricultural Officer)

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SCHEDULE 2

FEES

(Section 14)

Fees for the inspection and treatment of plants and plant material prior to issuing a Phytosanitary Certificate under section 14 (2).

Plants:
Seedlings of any plant .. .. .. 50c each
Cuttings of any plant .. .. .. 50c "
Corms of banana, babai and taro .. .. $1.00 "
Seeds of any plant .. .. .. 50c per kilo.

Plant Products:
Fresh:

Bananas .. .. .. 5c per kilo.

Coconuts (husked) .. .. .. 5c " "

Babai and Taro .. .. .. 5c " "

Breadfruit .. .. .. 5c " "

Pandanus .. .. .. 5c " "

Vegetables .. .. .. 5c " "

Copra .. .. .. 10c " "

Plant Material:
Handicrafts:

Floor mats .. .. .. 10c per square metre

Baskets, hats, canoes, skirts, fans, fish, traps,

swords, tablemats .. .. .. 10c each

Other Plant Material .. .. .. 10c per item or per kilo whichever is, in the

opinion of the Chief Agricultural Officer,

appropriate.

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