COCONUT DISEASE LAW (1997 Revision)

CAYMAN ISLANDS COCONUT DISEASE LAW (1997 Revision) Supplement No. 2 published with Gazette No. 20 of 29th September, 1997. PUBLISHING DETAILS Revised under the authority of the Law Revision Law (19 of 1975). Originally enacted- Cap. 19-1st January, 1964. Revised this 2nd day of September, 1997. Page 2 Revised as at 2nd day of September, 1997 c Coconut Disease Law (1997 Revision) Arrangement of Sections CAYMAN ISLANDS COCONUT DISEASE LAW (1997 Revision) Arrangement of Sections Section Page 1. Short title ...................................................................................................................................5 2. Definitions ..................................................................................................................................5 3. Owner of diseased tree to burn same ........................................................................................5 4. Owner of contiguous land may proceed .....................................................................................5 5. If owner shall neglect, Inspector called.......................................................................................6 6. Inspectors ..................................................................................................................................6 7. Duties of Inspectors ...................................................................................................................6 c Revised as at 2nd day of September, 1997 Page 3 Coconut Disease Law (1997 Revision) Section 1 CAYMAN ISLANDS COCONUT DISEASE LAW (1997 Revision) ENACTED by the Legislature of the Cayman Islands. 1. Short title 1. This Law may be cited as the Coconut Disease Law (1997 Revision). 2. Definitions 2. In this Law — “disease” means the disease in coconut palms known as bud-rot; and “Inspector” means an Inspector appointed under section 6. 3. Owner of diseased tree to burn same 3. Any person having in his possession or under his charge a coconut palm affected with disease shall cut down the diseased tree and cause all the leaves and the buds to be entirely consumed by fire. 4. Owner of contiguous land may proceed 4. Any person having good cause to believe that coconut palms growing on land contiguous to land in his occupation are affected by disease may, by notice in writing upon the person in charge of such trees, call upon him to destroy forthwith such trees with fire. c Revised as at 2nd day of September, 1997 Page 5 Section 5 Coconut Disease Law 5. If owner shall neglect, Inspector called 5. (1) If the person so called upon refuses or neglects to destroy forthwith such trees with fire, the person giving the said notice may report such refusal or neglect to an Inspector who shall thereupon inspect the trees suspected to be diseased and shall, in writing, inform the person in charge of the said trees whether such trees are, in the Inspector’s opinion, diseased or not. (2) If the person in charge of the suspected trees is not satisfied with the decision of the Inspector he may appeal through the Governor to the Government medical officer of the District whose decision shall be final as to the presence or absence of disease. 6. Inspectors 6. The Governor may appoint one or more Inspectors who may, at any time between the hours of 8:00 a.m. and 5:00 p.m., enter any field or place for the purposes of this Law. 7. Duties of Inspectors 7. (1) An Inspector, whether report has been made to him under section 5 or not, on being satisfied after inspection as to the existence of disease in any coconut palms, shall serve the person in charge of any trees so affected with a notice in writing requiring him forthwith to destroy such trees with fire. (2) If the owner or person in charge of any tree so affected shall, within three days or within such further time as the Inspector may allow of the service of the notice, refuse or neglect to destroy forthwith such trees with fire, the Inspector, or any person authorised by him in writing, may enter on the field or place in which the affected trees are situate and destroy the said trees, and the cost of any such destruction shall, at the suit of the Inspector, be recoverable as a civil debt before any two Justices. (3) In the event of an appeal to the Government medical officer under section 5 an Inspector shall not take any action under this section until the Government medical officer has notified such Inspector his decision that disease exists. Publication in revised form authorised by the Governor in Council this 2nd day of September, 1997. Carmena H. Parsons Clerk of Executive Council Page 6 Revised as at 2nd day of September, 1997 c