Plant Pests and Diseases Act, 1958
- Published on 1 January 1959
- Commenced on 1 January 1959
- [This is the version of this document at 31 December 1996.]
Part I – Preliminary
1. Short titleThis Act may be cited as the Plant Pests and Diseases Act.[As amended by G.N. No. 90 of 1964]
3. This Act binds the RepublicThe provisions of this Act bind the Republic.[G.N. No. 90 of 1964 as amended by S.I. No. 57 of 1965]
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 vehiclesThe Minister may, by regulation, provide for—
6. Minister may make different regulations, etc.In regulations, orders or notices made in terms of section four or five, the Minister may make—
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 IIIIn this Part, "importation", in relation to growing media, injurious organisms, invertebrates or plants, means the importation into or the transit through Zambia of growing media, injurious organisms, invertebrates or plants, and cognate expressions shall be construed accordingly.[As amended by G.N. No. 90 of 1964]
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 tobaccoSave as is provided in this Act, no person shall—
13. Licensing of premises
14. Section 12(a) and section 13 to apply to premises of certain growers onlyThe provisions of paragraph (a) of section twelve and of section thirteen shall not apply in relation to premises owned by a grower unless the premises are used not only for handling or storing cured tobacco grown by the grower or his agents but also for handling or storing cured tobacco grown by other persons.
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 inspectionAn owner of premises shall be liable to pay the costs of an inspection of his premises made by an inspector in connection with—
20. Destruction of cured tobacco handled or stored or removed in contravention of Part IVAn inspector may seize and detain and the Minister may order the destruction without compensation of cured tobacco which is handled or stored in or removed to or from premises otherwise than in accordance with the provisions of this Part or an order made thereunder or the conditions of a permit referred to in subsection (1) of section eighteen.
21. Regulatory powers in connection with pests
Part V – General
22. Appointment of inspectorsThe Minister may appoint persons as inspectors for the purposes of this Act.[G.N. No. 90 of 1964]
23. Powers of inspectors
24. Sale of pest infested plants by nurserymenIf, within three days of the delivery to him of plants sold by a nurseryman, the purchaser of the plants finds the plants to be infested with a pest, he may return the plants to and at the expense of the nurseryman and shall thereupon be freed from liability to pay for the plants or, if he has paid for the plants, he may recover the purchase price.
25. Appeals against orders of destruction
27. Limitations of actions against the StateNo claim shall lie against the State or the Minister or an inspector, servant or agent of the State for anything done in good faith and without negligence under the powers conferred by this Act.[As amended by G.N. No. 90 of 1964 and S.I. Nos. 57 and 176 of 1965]
29. General regulatory powers
30. Conditions contained in permitsIn issuing a permit in terms of this Act, an issuer of permits may impose conditions which are not prescribed and in so doing may exclude or vary, as circumstances require, any prescribed condition.
31. ***[Has had its effect]
History of this document
31 December 1996 this version
01 January 1959
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