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Agriculture, Forests, and Fisheries Ordinance 1959

LAWS OF WESTERN SAMOA

AGRICULTURAL, FORESTS, AND FISHERIES

ANALYSIS

TITLE

1. Short title and commencement
2. Interpretation
2A. Application of Ordinance to exclusive economic zone
3. Constitution of department
4. Principal functions of the department
5. Director of Agriculture, Forests, and Fisheries
6. Appointment of other officers and employees
7. Existing appointments deemed to be made under this ordinance
8. Officer to act under the direction of the Director
9. Delegation of powers of Minister
10. Delegation of powers by Director
11. Powers of Minister
12. Special investigations
13. Advisory and technical committees
14. Annual report
15. Regulations
Schedule

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THE AGRICULTURE, FORESTS, AND
FISHERIES ORDINANCE 1959

1959, No. 6

An Ordinance to constitute and establish the Department of Agriculture, Forests, and Fisheries and to make certain provisions in regard to agriculture, forest and fisheries

(24 August 1959)

1. Short title and commencement - (1) This Ordinance may be cited as the Agriculture, Forests, and Fisheries Ordinance 1959.

(2) This Ordinance shall come into force on the 1st day of October 1959.

As to enactments controlling imports, etc., see the note to s. 1 of the Shipping Act 1972.

2. Interpretation - In this Ordinance, unless the context otherwise requires,-

"Department" means the Department of Agriculture, Forests, and Fisheries of Western Samoa constituted and established under this Ordinance;

"Director" means the Director of Agriculture, Forests, and Fisheries appointed under this Ordinance;

"Minister" means the Minister of Agriculture, Forests, and Fisheries.

[2A. Application of Ordinance to exclusive economic zone - Nothing in this Act shall be construed to authorise the making of any regulations in derogation of the provisions of the Exclusive Economic Zone Act 1977, or of any regulations made under that Act, relating to fishing.]

This section was inserted by s. 20(1) of the Exclusive Economic Zone Act 1977. See s. 1(2) of that Act.

3. Constitution of department - There is hereby constituted and established a department of the Government of Western Samoa to be known as the Department of Agriculture, Forests, and Fisheries which, under the control of the Minister, shall be charged with the administration of the Ordinances, regulations, and other matters specified in the Schedule to this Ordinance together with such other functions as may from time to time be lawfully conferred on it.

4. Principal functions of the department - The principal functions of the Department shall be:

(a) To promote and encourage the development of all phases of the planting, agricultural, pastoral, and horticultural industries in Western Samoa including the banana, coconut, cocoa, coffee, and other fruit and vegetable production industries with a view to maintaining and improving the quality and quantity of the products derived from those industries:

[(b) To promote the conservation, production and develop-ment of the natural resources of Western Samoa, especially soil, water and forest, and the following principles and objectives,-

(i) To maintain, and establish where necessary, areas of forest adequate to protect the climate, soil and water resources of the country;

(ii) As far as possible to provide, on a sustained yield basis, the forest produce requirements of the people and the industry of the country and to encourage an export trade; and

(iii) To ensure the best use of all forest lands for the general benefit of the country:]

(c) To regulate fishing in Western Samoa and the territorial waters belonging thereto or any part thereof, [or in the exclusive economic zone of Western Samoa (as defined in the Exclusive Economic Zone Act 1977)] and to promote the economical and orderly taking and conservation of fish and the control of any industry engaged in the processing of fish and fish products.

Para. (b) was substituted for the original para. (b) by s. 75 (1) of the Forests Act 1967.

In para. (c) the words in square brackets were inserted by s. 20 (1) of the Exclusive Economic Zone Act 1977. See s. 1 (2) of that Act.

See s. 12 of the Agriculture Store Corporation Act 1975, as to Cabinet policy regarding agriculture, forests and fishing.

As to the functions of the Banana Board and control of bananas for export, see ss. 8 (1) and 12 of the Banana Board Act 1975.

See also the Customs Act 1977, and the Produce Marketing Act 1977.

5. Director of Agriculture, Forests, and Fisheries - There shall from time to time be appointed an officer of [the Public Service] to be called the Director of Agriculture, Forests, and Fisheries who shall be the Administrative Head of the Depart-ment of Agriculture, Forests, and Fisheries.

The reference to the Public Service was substituted for a reference to the Western Samoa Public Service by s. 4 of the Public Service Act 1965.

The Director is statutory deputy chairman of the Agriculture Store Corporation (see s. 3 (1) (b) of the Agriculture Store Corporation Act 1975) and of the Banana Board (see s. 3 (2) (b) of the Banana Board Act 1975).

6. Appointment of other officers and employees - There may from time to time be appointed under the Samoa Amendment Act 1949 (N.Z.) such other officers and employees of the Department as may be necessary.

The Samoa Amendment Act 1949 (N.Z.) has been replaced by the Public Service Act 1977.

7. Existing appointments deemed to be made under this Ordinance - (1) The person holding office at the commence-ment of this Ordinance as Director of Agriculture shall be deemed to have been appointed to the office of Director under this Ordinance.

(2) All other persons who at the commencement of this Ordinance are officers or employees of the Department and have been so appointed under the Samoa Amendment Act 1949 (N.Z.) shall be deemed to have been so appointed under this Ordinance.

8. Officers to act under the direction of the Director - All inspectors, officers, and other employees of the Department shall act under the direction of the Director in the exercise and performance of the powers, duties, and functions conferred or imposed upon them by any enactment of which the Department or the Director is charged with the administration by this Ordinance or any other enactment.

9. Delegation of powers of Minister - (1) The Minister may from time to time, by writing under his hand, either generally or particularly, delegate to the Director all or any of the powers which are conferred on him as Minister of Agriculture, Forests, and Fisheries by any enactment, including powers delegated to him under any enactment, but not including power to delegate under this section or the power to consent to a delegation under section 10 of this Ordinance.

(2) Subject to any general or special directions given or conditions attached by the Minister, the Director may exercise any powers delegated to him as aforesaid in the same manner and with the same effect as if they had been conferred on him directly by this section and not by delegation.

(3) Where the Director purports to act pursuant to any delegation under this section he shall be presumed to be acting in accordance with the terms of the delegation in the absence of proof to the contrary.

(4) Every such delegation shall be revocable at will, and no such delegation shall prevent the exercise of any power by the Minister.

(5) Unless and until such delegation is revoked it shall continue in force according to its tenor. In the event of the Minister by whom any such delegation has been made ceasing to hold office, it shall continue to have effect as if made by the person for the time being holding office as Minister and, in the event of the Director to whom such delegation has been made ceasing to hold office, it shall continue to have effect as if made to the person for the time being holding office as Director or, if there is no Director in office or if the Director is absent from duty, to the person for the time being lawfully directed to act in the place of the Director.

10. Delegation of powers by Directors - (1) the Directors may from time to time, by writing under his hand, either generally or particularly, delegate to such the Department as he thinks fit all or any powers exercisable by him under any enactment, including any powers delegated to him under any enactment, but not including this present power of delegation:

Provided that the Director shall not delegate any power delegated to him by the Minster without the written consent of the Minister, or any power delegated to him by [the Public Service Commission of Western Samoa] without the written consent of [such Commission.]

(2) Subject to any general or special directions given or conditions attached by the Director, the officer or employee to whom any powers are delegated under this section may exercise those powers in the same manner and with the same effect as if they had been conferred on him directly by this section and not by delegation.

(3) Every person purporting to act pursuant to any delegation under this section shall be presumed to be acting in accordance with the terms of the delegation in the absence of proof to the contrary.

(4) Any delegation under this section may be made to a specified officer or employee or to officers or employees of a specified class of offices.

(5) Every Delegation under this section shall be revocable at will and no such delegation shall prevent the exercise of any power by the director.

(6) Any such delegation shall, until revoked, continue in force according to its tenor, notwithstanding that the Director by whom it was made may have ceased to hold office and shall continue to have effect as if made by the successor in office of that Director.

In subs. (1), in the proviso, the references to the Public Service Commission of Western Samoa and to such Commission were substituted for references to the Public Service Commissioner and to such Commissioner by s. 3 of the Public Service Act 1965.

See also the definition of "Director" in s. 2 of the Cocoa Export Ordinance 1961.

11. Powers of Minister - For the purpose of enabling the Department to carry out its functions the Minister, in addition to exercising all powers heretofore conferred on the Director of Agriculture, may-

(a) Devise, promote, and carry out experiments, researches, investigations, and measures in relation to the health, and the diagnosis, prevention, and treatment of diseases of stock, poultry, bees, plants, and trees, the management of soils, and the production and improvement of livestock, crops, and pastures and in relation to any matters affecting the operations of any of the industries which it is the function of the Department to promote and encourage:

(b) Promote and carry out by publicity or others means the diffusion or dissemination of information relating to or affecting any those industries for the instruction, guidance, and benefit of persons engaged in those industries; and foster country youth educational organisations:

(c) Establish and maintain experimental, research, instructional, and demonstration farms, stations, fish pools, and areas for the purpose of acquiring knowledge and imparting practical instruction and advice in modern practices and management in respect of any of the industries which it is the function of the Department to promote and encourage:

(d) Promote and carry out the testing of agricultural and horticultural seeds, bulbs, and tubers for purity and germination, and the approval by certification or other means of seeds, bulbs, and tubers in respect of their trueness to type and freedom from seed borne diseases:

(e) Promote and carry out the testing of machinery, appliances, and equipment used in any of the industries which it is the function of the Department to promote and encourage:

(f) Exercise any powers conferred on him by any Ordinance or regulation in relation to importation and quarantine of plants, soil, animal, and fish, and fumigate or arrange for fumigation and, if necessary, the destruction of plants, soil, or other material and of animals and fish suspected of being infected with disease or injurious insect or animal life:

(g) Enter into agreements with owners and occupiers of land or inland waters for the sowing, growing, or breeding for the Department of domestic, agricultural, or horticultural seeds, animals, or fish eggs or fish fry from stock seed or animals or fish or fish eggs or fish fry supplied by the Department for the purpose of multiplying and distributing selected and improve strains of the seed, animals, fish eggs, or fish fry or for the carrying out on the said land or the said waters of co-operative trials relating to crop, pasture, horticultural, livestock, or fish production and improvement:

(h) Devise, promote, and carry out investigations and experiments into the harvesting, storage, and transport of the products of the industries which it is the function of the Department to promote and encourage:

(i) Initiate and carry out economic surveys into any aspects of agricultural, pastoral, forestry, or piscicultural production:

(j) Market bananas:

(k) Exercise such other powers as are reasonably necessary for the effective performance of the functions of the Department, including all powers heretofore exercisable by [the Head of State] by virtue of any Ordinances, enactments, regulations or rules which, by this Ordinance, it is the function of the Department to administer:

Provided that the power hereby conferred shall not include the power to make regulations.

In para. (k) the reference to the Head of State was substituted for a reference to the High Commissioner by s.4 (2) of the existing Law Adjustment Ordinance 1961.

The Minister is statutory Chairman of the Agricultural Store Corporation (see s.3 (2) (a) of the Agricultural Store Corporation Act 1975) and of the Banana Board (sees ss. 3 (2) (a) and 8 (4) of the Banana Board Act 1975).

12. Special investigations - (1) The Minister may from time to time, as he thinks fit, cause an investigation pursuant to this section to be made into any matter connected with or affecting any of the industries which it is the function of the Department to promote and encourage.

(2) For the purposes of any such investigation the Minister may, by order in writing signed by him, require any person, partnership, company, or other corporate body carrying business relating to or affecting the subject matter of the investigation to produce for the inspection of any person nominated in that behalf by the Minister any papers, books or documents which are in the possession of the person, partnership, company, or corporate body, or to set down in writing any facts relating to the subject matter of the investigation which are within the knowledge of the person, partnership, company, or corporate body, and to allow copies or extracts from any such papers, books, or documents to be made by the person inspecting them.

(3) Any person who fails to comply with any order of the Minister under this section or who deceives or obstructs or attempts to deceive or obstructs any person nominated by the Minister as aforesaid in the conduct of any such investigation commits an offence, and shall be liable on summary conviction to a fine not exceeding [$100].

(4) All information obtained by the Minister or by any other person by means of any such investigation shall be treated as confidential except for the purposes of this Ordinance.

As to statistical information from foreign fishing craft, see s.5 (2) (i) of the Exclusive Economic Zone Act 1977; as to observers regarding such craft and their costs, see s 5 (2) (o) of that Act; and as to the cost of implementing the provisions of the Act regarding such craft, see s.11 (3) (a) thereof.

13. Advisory and technical committees - (1) The Minister may from time to time appoint advisory or technical committees, and define the functions of any such committee.

(2) If the Minister so directs there may be paid out of money appropriated by the Legislative Assembly for the purpose to the members of any such committee remuneration by way of fees, salary, or allowances and travelling allowances and expenses.

14. Annual report - (1) The Director shall as soon as practicable after the end of each financial year furnished to the Minister a report on the operations of the Department for that year.

(2) A copy of the report shall be laid before the Legislative Assembly within 28 days after it has been furnish to the Minister if the Assembly is then in session, and, if not, shall be laid before the Assembly within 28 days after the commencement of the next ensuing session.

15. Regulations - (1) The [Head of State acting by and with the advice of Cabinet] may from time to time make regulations for any purpose for which regulations are contemplated by this Ordinance and all such other regulations as may in [his] opinion be expedient for giving effect to the provisions of this Ordinance and for the due administration thereof.

(2) Without limiting the general power conferred by subsection (1) of this section it is hereby declared that regulations may be made under this section for all or any of the following purposes:

(a) Obtaining any information or particulars that may be required for the effective performance of the functions of the Department under this Ordinance:

(b) Prescribing fines not exceeding [$100] for offences against any regulation made under the Ordinance or any Ordinance or regulation specified or referred to in the Schedule to this Ordinance:

(c) Further defining the functions of the Department, and adding to or deleting any Ordinance, regulation, or other matter specified in the Schedule to this Ordinance.

(3) It shall be the responsibility of the Minister to lay all regulations made under this section before the Legislative Assembly within 28 days after the date of making thereof if the Assembly is then in session, and if not, to lay such regulations before the Assembly within 28 days after the commencement of the next ensuing session.

In subs. (1) the reference to the Head of State acting by and with the advice of Cabinet was substituted for a reference to the Council of State acting by and with the advice and consent of the Executive Council by s. 4 (1) (c) of the Existing Law Adjustment Ordinance 1961.

For an Order prohibiting importations of pigs and pork products (W.S.R. 1977/1 and W.S.R. 1977/20), see the title Customs.

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SCHEDULE

Ss. 3, 15(2)

ENACTMENTS AND MATTERS TO BE ADMINISTERED BY THE DEPARTMENT OF AGRICULTURE, FORESTS, AND FISHERIES

[The Noxious Weeds Ordinance 1961.]
[The Cocoa Export Ordinance 1961.]
The Copra Ordinance 1948.
The Plants and Soil Importation (Disease Control) Ordinance 1950.
The Rhinoceros Beetle Ordinance 1954.
[The Bunchytop Ordinance 1965.]

All existing enactments, regulations, Orders, and rules made relating to the Ordinances specified in this Schedule or conferring powers, duties, or authorities in relation to any matter specified in section 4 or section 11 of this Ordinance.

The enactments shown in square brackets, being the corresponding enactments in force at the date of this reprint, have been substituted for the repealed Noxious Weeds Ordinance 1926, Cocoa Beans Ordinance 1945, and Bunchytop Ordinance 1959 respectively.

See also the Animals Ordinance 1960.

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The Agriculture, Forests, and Fisheries Ordinance 1959 is administered in the Department of Agriculture, Forests, and Fisheries.

REGULATIONS APPLYING TO AGRICULTURE, FORESTS, AND FISHERIES

Animals Diseases Prevention Regulations 1968 (W.S.R. 1968/3) - See title Animals
Stock Control Regulations 1973 (W.S.R. 1973/8)

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THE STOCK CONTROL REGULATIONS 1973

HIS HIGHNESS, MALIETOA TANUMAFILI II, HEAD OF STATE

At the Government House at Apia this 2^nd day of October 1973.

PURSUANT to the Agriculture, Forests, and Fisheries Ordinance 1959, the Head of State, acting on the advice of Cabinet, hereby makes the following regulations.

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ANALYSIS

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REGULATIONS

1. Title - These regulations may be cited as the Stock Control Regulations 1973.

These regulations were notified in the Western Samoa Gazette on 12 November 1973.

2. Interpretation - In these regulations, -

"Carcass" includes any part of any dead stock:

"Minister" means the Minister of Agriculture, Forests, and Fisheries:

"Poultry" includes any fowl:

"Stock" includes any horse, mare, gelding, colt, filly, or foal; any bull, cow, ox, steer,

Heifer, or calf; any ass, mule, pig, goat, or sheep; any other animal which may be used for its meat or milk or as a beast of burden; any domesticated animal; poultry; and also includes the carcases thereof.

3. Control zones - (1) The Minister, by notice under his hand, published as provided in regulation 5 below, may establish control zones in respect to any or all types of stock.

(2) The notice shall set forth the limits of the zone to which is shall apply.

(3) The notice may limit, prohibit, or impose conditions on any and all movement of any stock into, out of, or within the zone or zones established.

4. Disease prevention, eradication, and control programmes - (1) The Minister, by notice under his hand, publish as provided in regulation 5 programmes or measures in respect of any or all types of stock.

(2) The notice shall set forth the limits of the area to which it shall apply.

(3) Any programme or measure undertaken pursuant to this regulation may be made relative to any control zone established under these regulations or independent thereof.

(4) Any programme established under this regulation may require any person to take all the necessary steps or to co-operate in allowing duly authorised officers of Government to effectuate the programme.

(5) Any programme established under this regulation may provide for the compulsory inspection, inoculation, marking, treatment, dipping, spraying, isolation or destruction of any stock to which the programme pertains.

(6) Where any programme provides for the destruction of any stock such destruction shall be carried out under the supervision of duly authorised officers of the Department. Where any such destruction is carried out the owner shall be entitled immediately to the carcass of the animal unless in the opinion of the officers it is unfit' for human consumption or liable to spread disease whereupon the carcass shall be immediately destroyed and reasonable compensation made bearing in mind the purpose of the destruction and the diseased nature of the animal if relevant. No compensation shall be made where the carcass is, in the opinion of the duly authorised officers supervising the destruction, fit for human consumption.

5. Publication of notices - (1) Any notice under these regulations establishing, altering or modifying a control zone and/or a programme for decease prevention, disease eradication, or deceases control shall be published in accordance with sub-clause (2) of this regulation and shall come into force as provided therein.

(2) Any notice under these regulations shall be read on 2 successive days on Radio Station 2AP in both the English and the Samoan languages and shall be published in both the English and the Samoan languages in the "Savali". The notice shall come into effect on publication in the "Savali".

(3) Copies of all notices made under this regulation shall be available to the public at the Department of Agriculture, Forests, and Fisheries.

6. Access of Officers - (1) All members of the public shall co-operate with all duly authorised officers of Government in the execution of their duties under these regulations or notices issued thereunder.

(2) All officers of Government duly authorised by writing under the hand of the Director to act under any such notice shall be given access to any place, other than a dwelling house, at any reasonable time.

7. Offences - (1) Where these regulations or any notices issues under them require something to be done or not to be done contravention of such requirement shall be an offence, the penalty for which shall be a fine not exceeding $100.

(2) Where any control zone is established, the breach of any restriction placed on the movement of any stock shall be a separate offence in respect to each animal or carcass thereof moved.

MALIETOA TANUMAFILI II,
Head of State

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