CHAPTER 233
PLANT PESTS AND DISEASES ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

   3.   This Act binds the Republic

PART II
ERADICATION AND PREVENTION OF THE SPREAD OF PESTS

   4.   Regulatory powers to eradicate pests, etc.

   5.   Regulatory powers to inspect, disinfect and fumigate vehicles

   6.   Minister may make different regulations, etc.

   7.   Duty of owner to eradicate pests

PART III
CONTROL OF THE IMPORTATION OF GROWING MEDIA, INJURIOUS ORGANISMS, INVERTEBRATES AND PLANTS

   8.   Interpretation of term in Part III

   9.   Regulatory powers to control import of growing media, etc.

   10.   Powers of inspectors in relation to imported growing media, etc.

   11.   Seizure, detention and destruction of growing media, etc., unlawfully imported

PART IV
SPECIAL PROVISIONS RELATING TO CURED TOBACCO

   12.   Handling, storing and removal of cured tobacco

   13.   Licensing of premises

   14.   Section 12 (a) and section 13 to apply to premises of certain growers only

   15.   Orders prohibiting handling and storing in and removal to or from premises of cured tobacco

   16.   Discovery of pests on premises

   17.   Removal of cured tobacco from pest infested premises, etc., prohibited

   18.   Permits for removal of cured tobacco from pest infested premises, etc.

   19.   Costs of inspection

   20.   Destruction of cured tobacco handled or stored or removed in contravention of Part IV

   21.   Regulatory powers in connection with pests

PART V
GENERAL

   22.   Appointment of inspectors

   23.   Powers of inspectors

   24.   Sale of pest infested plants by nurserymen

   25.   Appeals against orders of destruction

   26.   Compensation

   27.   Limitation of actions against the State

   28.   Offences

   29.   General regulatory powers

   30.   Conditions contained in permits

   31.   [Has had its effect]

   32.   Saving

AN ACT

to provide for the eradication and prevention of the spread of plant pests and diseases in Zambia, for the prevention of the introduction into Zambia of plant pests and diseases, and for matters incidental thereto.

[1st January, 1959]

Act 11 of 1958,

GN 90 of 1964,

GN 497 of 1964,

SI 57 of 1965,

SI 176 of 1965.

PART I
PRELIMINARY

1.   Short title

This Act may be cited as the Plant Pests and Diseases Act.

[S 1 am by GN 90 of 1964.]

2.   Interpretation

   (1) In this Act, unless the context otherwise requires—

“alternate host” means a plant which is declared to be an alternate host of a pest in terms of paragraph (b) of sub-section (2);

“board” means a board appointed in terms of sub-section (5) of section 25;

“container” means a case, package, pot, sack or other article containing a growing medium, injurious organism, invertebrate or plant and includes a covering, wrapping or packing material used in the packing of a growing medium, injurious organism, invertebrate or plant;

“cured tobacco” means tobacco which is not—

      (a)   cigars, cigarettes, pipe tobacco, plug or rolled tobacco, snuff or any like product; or

      (b)   tobacco leaves, flowers or stalks in a green state; or

      (c)   living tobacco plants;

“disease” means a pathological condition of plants communicable or believed to be communicable by the transfer of a causative agent or by the propagation of an infected plant;

“grower”, in relation to tobacco, means a person who by himself or his agents grows tobacco;

“growing medium” means a medium, including soil, capable of being used for the propagation or culture of plants;

“host plant” means a plant which is capable of being the host of a pest;

“infested area” means an area declared in terms of this Act to be an infested area;

“injurious organism” means any organism or like agent whatsoever, including a virus, which is—

      (a)   inimical to the growth or existence of living plants; or

      (b)   injurious to plant products; or

      (c)   capable of producing a disease of plants;

in whatever stage of development it may be;

“inspector” means an inspector appointed in terms of section 22;

“invertebrate” means a living invertebrate animal organism in whatever stage of development it may be; “nursery” means land or premises where nursery stock is grown or cultivated and includes other land or premises adjacent thereto, held by the same owner, where plants are grown;

“nursery man” means the owner or other person responsible for the management of a nursery;

“nursery stock” means plants grown or cultivated for the purpose of trade, and with the intention of their being sold or distributed for the purpose of their being grown elsewhere than on the land or premises on which they stand, but does not include vegetables, annuals, herbaceous plants or ferns;

“owner”, in relation to land or premises, includes a joint owner, part owner, lessee or occupier or the agent of an owner, joint owner, part owner, lessee or occupier;

“Permanent Secretary” means the Permanent Secretary, Ministry of Agriculture;

“pest” means an injurious organism which is declared to be a pest in terms of paragraph (a) of sub-section (2);

“plant” means a member of the vegetable kingdom whether living or dead and includes—

      (a)   tubers, bulbs, corns, roots, cuttings, grafts, seeds and fruits; and

      (b)   any part of a plant whether severed there-from or not; and

      (c)   an unmanufactured plant product;

“premises”, in relation to cured tobacco, means a warehouse, building or structure in which such tobacco is handled or stored, and includes the land held by the owner of the warehouse, building or structure—

      (a)   on which the warehouse, building or structure is situate; or

      (b)   which may be adjacent to land referred to in paragraph (a);

but does not, unless the Minister by order otherwise provides, include a warehouse, building, structure or land referred to in this definition which is used solely for the purpose of storing and manufacturing cured tobacco and from which no cured tobacco is removed;

“quarantine area” means an area declared in terms of this Act to be a quarantine area;

“vehicle” includes an aircraft, railway train and ship.

   (2) For the purposes of this Act, the Minister may by regulation, statutory order or statutory notice—

      (a)   declare an injurious organism to be a pest either generally or in respect of a particular type of plant and either with a view to its complete eradication or its control or the prevention of its spread or for some other purpose; and

      (b)   declare a plant to be an alternate host of a pest.

[S 2 am by GN 90 of 1964; SI 57 of 1965.]

3.   The provisions of this Act bind the Republic.

This Act binds the Republic.

[S 3 am by GN 90 of 1964; SI 57 of 1965.]

PART II
ERADICATION AND PREVENTION OF THE SPREAD OF PESTS

4.   Regulatory powers to eradicate pests, etc.

   (1) The Minister may by regulation, statutory order or statutory notice provide for the eradication of pests or the prevention or control of attacks by or the spread of pests.

   (2) Without derogation from the generality of the provisions of sub-section (1), the Minister may in regulations, orders or notices made in terms of that sub-section provide for—

      (a)   the disinfection, treatment, destruction or disposal of—

      (i)   pests; or

      (ii)   plants infested or appearing to be infested with a pest; or

      (iii)   anything whatever whether similar in nature to a plant or not which, in the opinion of the Minister, is liable to infest a plant with a pest;

      (b)   the prohibition, restriction and regulation of the removal or transport of pests, plants or things referred to in paragraph (a);

      (c)   the control and destruction of host plants not under cultivation for the current season’s crop and of alternate hosts;

      (d)   the prohibition, restriction and regulation of the cultivation and harvesting of plants if, in the opinion of the Minister, a pest cannot otherwise be readily or adequately controlled or eradicated;

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