Destructive Insects and Pests (Jersey) Law 1960

Jersey Law 22/1960 DESTRUCTIVE INSECTS AND PESTS (JERSEY) LAW, 1960. ____________ A LAW for preventing the introduction and spreading of insects and pests destructive to crops, trees, shrubs, bushes, seeds and plants, sanctioned by Order of Her Majesty in Council of the 12th day of SEPTEMBER, 1960. ____________ (Registered on the 1st day of October, 1960). ____________ STATES OF JERSEY. ____________ The 5th day of April, 1960. ____________ T HE STATES , subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law: - ARTICLE 1 INTERPRETATION In this Law – “article” includes any living thing; “the Committee” means the Committee of Agriculture; 1 “crop” means any agricultural or horticultural crop, and includes trees, shrubs and bushes, seeds, and plants, and any part thereof; “destructive insect” means any insect destructive to crops; “order” means an order made by the Committee under this Law; “pest” includes any fungus, bacterium or other vegetable or animal organism, and any virus or other agent causative of a transmissible crop disease. ARTICLE 2 POWER TO MAKE ORDERS FOR PREVENTING THE INTRODUCTION OR SPREADING OF DESTRUCTIVE INSECTS AND PESTS (1) Provision may be made by order for the purpose of preventing the introduction into, or the spreading within, the Island of destructive insects and pests, and in particular but without prejudice to the generality of the foregoing – (a) for prohibiting or regulating the landing of any article brought from any place outside the Island, the landing of which may appear to the Committee likely to introduce any destructive insect or pest into the Island, and for the treatment, destruction or re-exportation of any such article, if landed; (b) for prescribing and regulating the removal, destruction or treatment of crops or substances infected with any destructive insect or pest or to or by means of which any destructive insect or pest is likely to spread; (c) for enabling any person authorized by or on behalf of the Committee to exercise any powers conferred by or under any order, and generally to take such steps as he may think expedient in connexion with any crop or substance for preventing the spreading of any destructive insect or pest or for any other purpose of any order; (d) for prescribing and regulating the payment and recovery of expenses incurred in the removal, destruction or treatment of crops or substances in the exercise of powers conferred by or under any order; (e) for prohibiting the keeping, selling, or exposing or offering for sale, of living specimens of any destructive insect or pest in any stage of existence, or the distribution in any manner of such specimens; (f) for imposing fees and other charges in respect of any certificate given in pursuance of any order after an inspection. (2) Every order made under this Law shall be laid before the States as soon as may be after it is made, and if the States, within the period of twenty-one days beginning with the day on which any such order is laid before them, resolve that it be annulled, it shall cease to have effect, but without prejudice to anything previously done thereunder or to the making of any new order. (3) The Greffier of the States shall cause every order made under this Law to be printed and shall cause to be published in an English 2 language newspaper circulating in the Island a notice stating that the order has been made, the date of the coming into force thereof and the place at which printed copies thereof may be purchased. ARTICLE 3 FORFEITURE OF ARTICLES UNLAWFULLY LANDED If any person lands or attempts to land any article in contravention of any order, the article in respect of which the offence is committed shall be forfeited and shall become the property of the States. ARTICLE 4 COMPENSATION FOR CROPS (1) Where, by virtue of any order, the removal or destruction of any crop is directed or authorized, the States may, on the recommendation of the Committee, pay out of the general revenues of the States to the owner of the crop, by way of compensation, an amount not exceeding the value of the crop at the time of the removal or destruction. (2) Where the owner of a crop to whom compensation is awarded under this Article has an insurance on the crop, the amount of the compensation may be deducted by the insurers from the amount of the money payable under the insurance before they make any payment in respect thereof. ARTICLE 5 OFFENCES (1) If any person, without lawful authority or excuse, proof whereof shall lie on him, does any of the following things, he shall be guilty of an offence – (a) if he acts in contravention of, or fails to comply with, any provision of any order; or (b) if he delays or obstructs any officer or other person acting in execution of any order. (2) If any person does any of the following things, he shall be guilty of an offence – (a) if he forges, or alters or uses, or lends to or allows to be used by any other person, any instrument; or (b) if he makes or has in his possession any document so closely resembling an instrument as to be calculated to deceive; or (c) if, for the purpose of obtaining the issue of any instrument to himself or any other person, or the variation of any instrument, or for the purpose of preventing the issue or variation of any instrument, or of procuring the imposition of any condition or limitation in relation to an instrument, he knowingly makes any false statement or withholds any material information; or (d) if, by means of any fraud or false pretence, he obtains or attempts to obtain compensation from the States in respect of any crop which, in exercise of powers conferred under this Law, has been removed or destroyed, or if he aids or abets any person in any such fraud or false pretence. (3) A person guilty of an offence under this Article shall be liable in respect of each such offence to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding three months, or to both such fine and such imprisonment. (4) In this Article, the expression “instrument” means any licence , certificate or other instrument (by whatever name called) granted, made or issued under or for the purposes of any order, and the expression “issued” shall be construed accordingly. ARTICLE 6 REPEAL The following Regulations are hereby repealed – (a) “ Règlement (1959) touchant les maladies et pestes nuisibles au produit du sol”; 3 (b) Colorado Beetle (Infected Zones) (Jersey) Regulations, 1959; 4 and (c) “ Règlement (1959) pour combattre et éliminer le doryphore”. 5 ARTICLE 7 SHORT TITLE AND COMMENCEMENT (1) This Law may be cited as the Destructive Insects and Pests (Jersey) Law, 1960. (2) This Law shall come into force on such day as the States may by Act appoint. 6 F. DE L. BOIS, Greffier of the States. 1 This Committee now referred to as the Agricultural and Fisheries Committee (R & O 6408). 2 See page 884 of this Tome. 3 R & O 4037. 4 R & O 4036. 5 R & O 4039. 6 This Law came into force on 1st January, 1961. (R & O 4190).