S.I. No. 292/1949 - Importation of Forest Trees (Prohibition) Order, 1949.

S.I. No. 292 of 1949.

IMPORTATION OF FOREST TREES (PROHIBITION) ORDER, 1949.

I, JAMES M. DILLON, Minister for Agriculture, in exercise of the powers conferred on me by the joint operation of the Destructive Insects and Pests Acts, 1877 to 1929, and the Agriculture Act, 1931 (No. 8 of 1931), for the purpose of preventing the introduction into or the spreading in the State of disease and pests injurious to forest trees, hereby order as follows :—

1. (1) This Order may be cited as the Importation of Forest Trees (Prohibition) Order, 1949.

(2) This Order shall come into operation on the 15th day of November, 1949.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

3. (1) In this Order—

the expression " the Minister " means the Minister for Agriculture,

the word " plant " includes tree and shrub and the roots, layers, cuttings and other parts of a plant except the seeds thereof,

the word " importer " means any person by whom or on whose order or request plants are imported.

4. (1) A person shall not import any living plant of the genera mentioned in the First Schedule hereto save—

(a) plants grown in and imported from Great Britain, Northern Ireland, the Isle of Man or the Channel Islands, or

(b) under and in accordance with a licence granted under this Article.

(2) The Minister may, at his discretion, grant licences for the purposes of this Article.

(3) The Minister may at any time revoke a licence granted under this Article.

(4) The Minister may attach to a licence granted under this Article in respect of any plants such conditions as he thinks proper.

5. A person shall not import any living plant of the genus mentioned in the Second Schedule hereto, save plants of this genus grown in and imported from Northern Ireland.

6. (1) Whenever any plants are imported in contravention of this Order, they shall unless their disposal in some other manner is authorised by a licence granted under this Article, be destroyed or re-exported forthwith, either by and at the expense of the importer or, if the Minister so directs, by some other person specified by the Minister.

(2) Whenever any plants are required by paragraph (1) of this Article to be destroyed or re-exported forthwith by the importer and they are not so destroyed or re-exported the importer shall be guilty of an offence against this Order.

(3) Whenever any plants are imported in contravention of this Order and a licence under this Article has been granted in relation to them it shall not be lawful to dispose of the plants otherwise than in accordance with the licence and if they are disposed of otherwise than in accordance with the licence the importer shall be guilty of an offence against this Order.

(4) The Minister may, at his discretion, grant licences for the purpose of this Article in regard to plants mentioned in the First Schedule hereto.

(5) The Minister may, at any time, revoke a licence granted under this Article.

7. A person guilty of an offence against this Order shall be liable on summary conviction thereof, in the case of a first offence, to a fine not exceeding £10 and, in the case of a second or any subsequent offence, to a fine not exceeding £20.

8. A licence under this Order obtained by means of any statement which is false or misleading in any material respect shall be invalid.

9. Nothing in this Order shall be construed as limiting or affecting the operation of the Destructive Insects and Pests (Ireland) Order, 1922.

10. The importation of Elm Trees (Prohibition) Order. 1929, is hereby revoked.

FIRST SCHEDULE.

The Genus Castanea.

The following genera of the Order Pinaceæ, viz., Abies, Larix, Picea, Pinus, Pseudotsuga, Sequoia, Thuya and Tsuga.

The Genus Populus.

SECOND SCHEDULE.

The Genus Ulmus.

GIVEN under my Official Seal, this 10th day of November, 1949.

(Signed) JAMES M. DILLON,

Minister for Agriculture.