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SUGAR EXPERIMENT STATIONS REGULATIONS 1987

ANALYSIS OF CONTENTS

PART I-PRELIMINARY 1. Citation

2. Savings

3. Repeal of regulations 4. AJrangen1ent 5. Forms

PART II

THE SUGAR EXPERIMENT STATIONS BOARD 6. Term of office of growers' and n1anufacturers' representatives 7. Quorun1 at n1eetings

8. Director to attend n1eetings

PART III

CANE PEST AND DISEASE CONTROL BOARDS 9. Interpretation

10. Director to fix date for election and non1ination of Board n1en1bers 11. Millowners to notify Director of their representatives on Boards 12. Public notice to be given of election

13. Electors' roll

14. Presiding officer for the election 15. Non1ination by candidates

16. Non1inees deen1ed elected where non1inations do not exceed nun1ber required 17. Poll to be held where non1inations exceed nun1ber required

18. Death of candidate prior to poll 19. Voting procedure

20. Taking the poll

21. Report on poll and election of candidates

22. Minister to appoint representatives where insufficient non1inations 23. Director to forward nan1es of representatives to Minister 24. Governor in Council to appoint Board n1en1bers 25. Director to publish results of poll

26. Rules for parlian1entary elections to apply

27. Director to keep election docun1ents until disposal authorised 28. Initial n1eeting to be held within four weeks

29. Appointn1ent of officers

30. Board to n1eet at least every three n1onths 31. Special n1eetings

32. Leave of absence

33. Notice of n1eeting of Board 34. Voting at board n1eetings

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2

35. Member voting where interested 36. Quorum

37. Resolutions-how revoked or altered 38. Minutes

39. Vacancy of office in Board 40. Filling of Vacancy

41. Payment of compensation for destruction of sugarcane 42. Applications for compensation under s. 24 (3) of the Act 43. Board to expedite all applications for compensation

PART IV

REQUIREMENTS OF MILLOWNERS 44. Millowner's return for assessment purposes

45. Millowner's return on variety, tonnage and harvest area data PARTY

PEST AND DISEASE CONTROL 46. Definition and declaration of cane pests

47. Definition of proximity to Fiji disease

48. Duties of occupier or owner in a quarantine area

49. Permit to move sugarcane across quarantine boundaries for scientific examination 50. Permit to move sugarcane planting material across quarantine boundaries 51. Orders to destroy diseased sugarcane and other matter

52. Declaration of abandoned cane and the right of appeal 53. Undertaking to comply with quarantine requirements 54. Inspector's certificate of authority

55. Honorary inspector's functions and powers 56. Penalty for breach of regulations

First Schedule Second Schedule

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QUEENSLAND

SUGAR EXPERIMENT STATIONS REGULATIONS

1987

[Reprinted as at 1 October, 1989]

[Regulations published Gazette 30 May 1987, pp. 785-801; as amended by regulations published Gazette 20 August 1988, p. 3558.]

Department of Primary Industries Brisbane, 28th May, 1987 HIS Excellency the Governor, acting by and with the advice of the Executive Council and in pursuance of the provisions of the Sugar Experiment Stations Act 1900-1983, has been pleased to make the following regulations.

N.J. HARPER

PART I-PRELIMINARY

1. Citation. These regulations may be cited as the Sugar Experiment Stations Regulations 1987.

2. Savings. Notwithstanding the provisions of this Act the persons constituting a Cane Pest and Disease Control Board in or for any cane pest and disease infested area defined by Order in Council immediately prior to the commencement of these regulations shall be deemed to constitute that Cane Pest and Disease Control Board for the purposes of these regulations, as if the election of members of the Cane Pest and Disease Control Board was held in accordance with these regulations during the calendar year 1987.

3.: .Repeal of regulations. The Regulations made under the Sugar Experiment Stations -Act 1900-1983 as published in the Gazette are hereby_ repealed.

4. Arrangement. These Regulations are arranged as follows:- PART I-Preliminaey (regs 1-5);

¥ART II..,-The Sugar Experiment Stations Board (regs 6-8); · PART• Ill..:_Cane Pest and Disease Control Boards (regs 9-43);

PART IV-Requirements of Millowners (regs 44-45);

PART Y-'-Pest and Disease Control (regs 46-56);

FIRST SCHEDULE--Forms;

SECOND SCHEDULE-Schedule of Cane Pests.

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2 reg.S SUGAR EXPERIMENT STATIONS

REGULATIONS 1987 reg.lO

5. Forms. (1) The forms set forth in the First Schedule hereto shall be used for the purposes for which they are respectively applicable.

(2) A form prescribed by these regulations shall be completed in accordance with directions specified in the prescribed form.

(3) In these regulations a reference to a form by number is a reference to the form in the First Schedule hereto which bears that number.

PART II

THE SUGAR EXPERIMENT STATIONS BOARD

6. Term of office of growers' and manufacturers' representatives.

The representative of growers of sugarcane and the representative of manufacturers of cane sugar appointed to the Board in the prescribed manner shall hold office for a period of three years.

7. Quorum at meetings. (1) Three members of the Board shall constitute a quorum at a properly convened meeting.

(2) Subject to sub-regulation (3), a meeting of the Board shall lapse when at the appointed time for the meeting a quorum is not present.

(3) Where a quorum is formed before half an hour has elapsed from the appointed time, the meeting shall be held and shall be deemed to be regularly commenced.

8. Director to attend meetings. The Director shall attend meetings of the Board in an advisory and consultative capacity, but shall have no vote in any decisions of the Board.

PART III

CANE PEST AND DISEASE CONTROL BOARDS

9. Interpretation. For the purposes of Part III of these regulations,

"Board" means a Cane Pest and Disease Control Board constituted in and for a cane pest and disease infested area in accordance with the Act.

10. Director to fix date for election and nomination of Board members. ( 1) The date in any year for the triennial election of canegrowers' representatives and for the triennial nomination of millowners' representatives for appointment as members of a Board shall be fixed by the Director and shall be notified in the Gazette.

(2) The date for the first election of canegrowers' representatives and for the first nomination of millowners' representatives for a Board shall be fixed by the Director within thirty days after publication in the Gazette of the Order in Council constituting the Board.

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reg.ll SUGAR EXPERIMENT STATIONS

REGULATIONS 1987 ^reg.14 ³

11. Millowners to notify Director of their representatives on Boards.

(1) In each election year the owners of each mill shall, not later than a date to be fixed by the Director, notify the Director of the representatives whom they desire to be appointed to the Board constituted in respect of their mill.

(2) The nominations shall be by letter addressed to the Director and shall be signed by the owner of the mill in respect of which the Board is constituted.

12. Public notice to be given of election. (1) The Director shall give public notice ofthe election of a Board in accordance with the provisions of regulation 10, by notice in the Gazette and in a newspaper circulating in the district concerned.

(2) The notice shall specify a day on or before which candidates for election to Boards shall be nominated, and a day for the taking and an hour for the closing of the poll, if a poll becomes necessary by reason of a contest.

13. Electors' roll. ( 1) The Director shall cause to be compiled and keep compiled for each Board, an electors' roll of canegrowers in which shall be inserted the names alphabetically arranged of all canegrowers ("Electors") holding assignments of two or more hectares ofland assigned to the mill in respect of which the Board has been constituted.

(2) The roll shall, as far as the same shall be applicable, be the roll compiled in accordance with regulations governing the election of Local Boards under the Regulation of Sugar Cane Prices Act 1962-1986.

(3) The Director shall be responsible for the correctness of the rolls, and the rolls so compiled shall be conclusive evidence of the right of the electors named therein to vote at the election held next after compilation thereof.

(4) Each roll shall remain in force until another roll has been compiled in substitution therefor, but it may be amended from time to time by the Director by the omission or addition of names according to the facts ascertained by him.

(5) After the day fixed for nomination of candidates for election to a Board, and while any election is pending, no alteration, whether by way of omission or addition of any name, shall be made in the roll for the Board.

( 6) If the Director fails or refuses to enrol upon the proper roll any person claiming to be an elector, the person may appeal to The Sugar Experiment Stations Board, which, after inquiry, may direct the Director to enrol the elector or may dismiss the appeal.

14. Presiding officer for the election. (1) The Director shall be the returning officer at every election, but he may, in the case of any election, by writing under his hand, appoint a deputy to act for him and in his name.

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4 reg.15 SUGAR EXPERIMENT STATIONS

REGULATIONS 1987 reg.19

(2) The returning officer and every deputy are hereinafter referred to as the presiding officer.

(3) If the Director appoints a deputy for any election he shall, by notice in the Gazette and in a newspaper circulating in the district concerned, state the name and address of the deputy.

(4) The presiding officer at any election shall, before entering upon his duties, make and sign the Statutory Declaration in Form 1 and file the Form 1 in the Director's office.

15. Nomination by candidates. (1) Every nomination of a candidate for election as a canegrowers' representative shall be in Form 2, signed by at least six other electors enrolled for the Board concerned and shall contain the written consent of the candidate to his nomination.

(2) Nominations shall be delivered or posted to the presiding officer and shall be in his hands before 3 o'clock in the afternoon of the day of nomination.

(3) No nomination shall be rejected for any mere formal defect or error therein, if the presiding officer is satisfied that the provisions of the Act have been complied with.

16. Nominees deemed elected where nominations do not exceed number required. If the number of persons duly nominated as representatives of canegrowers does not exceed the number to be elected, the persons so nominated shall be deemed to be duly elected as representatives accordingly.

17. Poll to be held where nominations exceed number required. If the number of persons duly nominated as representatives of canegrowers exceeds the number to be elected, the presiding officer shall, by notice in the Gazette and in a newspaper circulating in the district concerned, publish the names of the persons so nominated, and a poll for the election of the required number of representatives shall be taken on the day fixed by such notice.

18. Death of candidate prior to poll. If any candidate dies at any time after the day fixed on or before which candidates for election as representatives to any Board shall be nominated, and before the day fixed for the taking of the poll, all proceedings in connection with the election shall be had and taken anew.

19. Voting procedure. (1) The poll shall be taken by voting papers only, which shall be set out in Form 3, and each elector shall have only one vote.

(2) The presiding officer shall cause to be transmitted by post to every elector entitled to vote at the poll, a printed ballot-paper together with an unsealed prepaid return envelope at least twenty-one days prior to the date fixed for the taking of the poll.

(3) The elector having received a ballot-paper shall complete the declaration and shall mark his ballot-paper with an "X" in the square

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reg. 20 SUGAR EXPERIMENT STATIONS

REGULATIONS 1987 reg. 21 5

opposite the name of each of the three (3) candidates for whom he wishes to vote.

(4) The elector shall forthwith return the ballot-paper to the presiding officer by post. Any ballot-paper received by the presiding officer later than the time stated on ·,the ballot-paper shall be invalid.

(5) Subject to sub-regulation (6), a voting paper in which more or fewer names than the number of persons to be elected are so marked, or where the mark or marks are placed outside of the square opposite any candidate's name, shall be invalid and disallowed at the count.

(6) If in the opinion of the presiding officer the intention of an elector in voting is clearly apparent, the ballot-paper shall not be rejected merely because of the manner in which the elector has dealt therewith.

20. Taking the poll. The presiding officer shall, as soon as practicable after the hour fixed for the close of the poll, and in the presence of such scrutineers as may attend-

(a) examine the declaration attached to the ballot-paper;

(b) if in order he shall separate the declaration from the other part of the ballot-paper, and deposit the declaration in a receptacle provided for the purpose and also forthwith deposit the other part in a locked ballot-box;

(c) if the declaration is not regular he shall reject the ballot- paper without separating it;

(d) when all ballot-papers have been dealt with in manner aforesaid, he shall open the ballot box and shall open out the parts of ballot-papers deposited therein by tearing off the perforated gummed edges and then proceed to examine and count the votes received for each candidate;

(e) make out a written statement, signed by himself and counter- signed by any scrutineers who are present and consent to

sign the same, containing the numbers in words as well as figures of the votes received for each candidate so counted as aforesaid.

21. Report on poll and election of candidates. (1) The presiding officer, if he is not-the Director, shall report the result of the election to the Director forthwith in writing.

(2) The report shall contain the names of all candidates, and the number of votes which each of them has respectively received.

(3) Subject to sub-regulation ( 4), the candidates not exceeding the number to be elected who have each received more votes than the other candidate or candidates shall be deemed to be elected as canegrowers' representatives.

(4) Where two or more candidates receive an equal number of votes whereby it is not possible for the required number of candidates to be deemed to be elected under subregulation (3), the Director as returning officer shall decide by his casting vote who shall be elected.

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6 reg. 22 SUGAR EXPERIMENT STATIONS

REGULATIONS 1987 reg. 29

(5) The Director may refer any matter of dispute arising with respect to any election to The Sugar Experiment Stations Board, which shall inquire into the dispute. The Sugar Experiment Stations Board may upon any inquiry order the Director to forward the prescribed certificate, or order a new election, or make such order as thought proper.

22. Minister to appoint representatives where insufficient nominations. If, at the date appointed for the closure of nominations, an insufficient number of nominations for the positions of members has been received, the Minister shall appoint representatives to the positions as required.

23. Director to forward names of representatives to Minister. (1) When the Director is satisfied that the candidates have been duly elected, he shall forward a certificate to the Minister . providing the names of all the elected representatives of canegrowers and the duly nominated representatives of millowners, for each Board.

(2) A copy of the certificate shall be filed in the office of The Sugar Experiment Stations Board.

24. Governor in Council to appoint Board members. Upon the Minister receiving the certificate from the Director, the Governor in Council by notice published in the Gazette shall appoint the persons named therein as representatives of canegrowers and of millowners, as members of their respective Boards.

25. Director to publish results of poll. After the certificate of the Director has been forwarded to the Minister, the Director shall, as soon as conveniently may be after the date of the poll, publish in the Gazette and in a newspaper circulating in the district concerned, particulars of the number and allocation of votes recorded.

26. Rules for parliamentary elections to apply. In all cases not herein specifically provided for, the rules and usages in force at parliamentary elections shall be observed, as far as they can be applied, in every poll for the election of canegrowers' representatives to a Board.

27. Director to keep election documents until disposal authorised.

All ballot-papers, rolls, and documents used at an election of members of a Board shall be safely kept by the Director, unless ordered to be disposed of by The Sugar Experiment Stations Board.

28. Initial meeting to be held within four weeks. The first meeting of a Board shall be held within four weeks after the date of its constitution, at such time and place as the members may agree upon, or in default of agreement as may be appointed by the Minister.

29. Appointment of officers. (1) Every Board shall at its first meeting elect a chairman and deputy chairman from among the members of the Board, and shall also appoint a secretary.

(2) If the members of a Board present at this first meeting fail to elect a chairman or deputy chairman or to appoint a secretary, the

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Governor in Council by Order in Council may appoint a chairman or deputy chairman or secretary as the occasion may require.

(3) The power of appointment shall be in addition to and not in derogation of any other power which the Governor in Council shall or may have to appoint a chairman or deputy chairman or a secretary of a Board.

30. Board to meet at least every three months. A Board shall meet regularly at such times, not being less than once in three months or as sanctioned by the Minister, and at a place or places as shall be fixed by resolution at the first meeting of the Board.

31. Special meetings. (1) The Chairman may call a special meeting of the Board at any time.

(2) The chairman shall, if requested by any two members of a Board, call a special meeting of the Board.

32. Leave of absence. (1) The Minister may grant leave of absence for a specified period to the chairman of the Board and appoint another member to be acting chairman.

(2) The acting chairman shall have and exercise all the powers, duties, and functions of the chairman.

(3) The Minister may also grant leave of absence for a specified period, not exceeding three months, to any other member of the Board where that application for leave of absence is made in. writing to the Minister.

33. Notice of meeting of Board. (1) The secretary shall cause to be delivered to each member of a Board, two clear days before any ordinary or special meeting, a notice of meeting, containing a statement of the business to be dealt with at the meeting.

(2) If in the opinion of the chairman it is desirable to do so, shorter notice may be given of any special meeting.

34. Voting at board meetings. ( 1) All questions dealt with at any meeting shall be decided in the majority, by open voting.

(2) Subject to regulation 35, at every meeting of a Board every member present shall vote, provided that the officer of the Bureau of Sugar Experiment Stations appointed to the Board by the Governor in Council shall not be eligible to vote on the following matters-

(a) the election of a chairman of the Board;

(b) the election of a deputy chairman of the Board; and (c) the amount of assessment determined by the Board for the

cane pest and disease infested area of the Board.

(3) If a member refuses to vote, his vote shall be counted for the negative.

(4) Upon every question the chairman shall have a deliberative and a casting vote.

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35. Member voting where interested. (1) No member shall vote in resp~ct of any matter in which he ha~ dir~ctly or indirectly, by himself or h1s partner or partners, any pecumary mterest.

(2) Sub-regulation ( 1) does not apply to any vote by a member or any resolution, whereby a [board]* resolves- '

(a) to supply to growers (including members of the Board) at the cost of the Board, any poison or fumigant for use by growers in treating their crops for any pest, or to pay any subsidy or allowance to growers (including members of the Board) to enable them to purchase poison or fumigant for such use; provided that the terms and conditions upon which supply or payment is to be made to members of the Board are the same as the terms and conditions upon which supply or payment, as the case may be, is to be made to growers generally;

(b) that the members of the Board shall be paid such remuneration from the funds of the Board as the Minister shall have specified by prior written approval.

36. Quorum. (1) Four members of a Board shall form a quorum at a properly convened meeting.

(2) If a quorum is not present at the time appointed for a meeting, the meeting shall not lapse until one hour has elapsed, and if during such period a quorum is formed, the meeting shall be deemed to be regularly commenced.

(3) If a meeting lapses through the absence of a quorum, the business set down for the meeting shall be the business, or included in the business, of the next ordinary meeting, or of a special meeting.

37. Resolutions-how revoked or altered. (1) A resolution of a Board shall not be revoked or altered unless notice of the intention to propose the revocation or alteration is given to each of the members seven days at least before the meeting at which the revocation or alteration is to be proposed.

(2) If the number of members present at that meeting is not greater than the number present when the resolution was adopted, the resolution shall not be revoked or altered unless the revocation or alteration is determined upon by a majority of the whole number of members of the Board.

38. Minutes. The secretary shall keep minutes of all meetings of the Board. When the minutes of any meeting have been confirmed by the Board, the chairman shall initial them, and they shall be preserved by the secretary.

39. Vacancy of office in Board. (1) The office of member of a Board shall become vacant if the member-

( a) dies, or is admitted into and detained in a hospital, as a patient or otherwise, for treatment for mental illness pursuant to the Mental Health Services Act 1974-1984;

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reg. 40

(b) resigns;

SUGAR EXPERIMENT STATIONS

REGULATIONS 1987 reg.42 9

(c) is absent from three consecutive meetings without leave of absence having been granted by the Minister;

(d) becomes bankrupt or compounds with his creditors; or (e) is convicted of an indictable offence.

(2) The secretary shall forthwith notify the Director and the Minister of any vacancy which has occurred by sub-regulation (1).

40. Filling of Vacancy. Any vacancy in the number of members of a Board shall be filled in the manner as the Minister deems fit.

41. Payment of compensation for destruction of sugarcane. (1) A Board may recommend to the Director in writing that compensation should be paid to the owner of sugarcane or alternative host plants which have been destroyed by or under the direction of the Minister or The Sugar Experiment Stations Board or the Director or an inspector, provided that such sugarcane or alternative host plants were not-

(a) diseased sugarcane under sections 13, 14, 15, 18, 23 or 28 ofthe Act;

(b) reasonably suspected to be diseased otherwise than by reason only of proximity to known disease; or

(c) destroyed in the course of dealing with any land under section 27 of the Act.

(2) The recommendation of the Board must be accompanied by a Statutory Declaration from the owner of the destroyed sugarcane or alternative host plants, giving information on area:, tonnage and commercial cane sugar content of the crop and other details as are considered necessary to adjudge the desirability of paying compensation.

(3) It shall be the duty of the secretary of the Board concerned to check any computation put forward in support of payment for compensation.

( 4) Upon request, the millowner concerned shall supply to the secretary the information as is necessary to enable a check under sub- regulation (3) to be made.

(5) No compensation shall be payable to any owner who fails to destroy the sugarcane or alternative host plants within the time specified in the direction of the Minister or The Sugar Experiment Stations Board or the Director or an inspector.

42. Applications for compensation under s. 24 (3) of the Act. ( 1) Where sugarcane or alternative host plants are destroyed under section 24 (3) ofthe Act in the interests of sugarcane disease control, applications for payment of compensation shall be lodged by the owner of the destroyed plants with the secretary of the Board concerned, within 28 days of destruction.

(2) The application shall be accompanied by a Statutory Declaration by the owner of the plants, setting out information as is reasonable and

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necessary to enable that Board to judge the desirability of paying compensation.

43. Board to expedite all applications for compensation. (1) The Board concerned shall, at a duly convened meetin~, consider and give a decision on any or all applications for compensatiOn with all possible expedition.

(2) The decision and recommendation shall be conveyed forthwith to the Director, who shall bring these findings before the next meeting of The Sugar Experiment Stations Board for approval or otherwise.

PART IV

REQUIREMENTS OF MILLOWNERS

44. Millowner's return for assessment purposes. (1) Before 31st January each year, a millowner shall furnish to the Director a return, required to be made under section 8 of this Act, showing-

( a) the names and addresses of the growers who supply sugarcane to the millowner;

(b) the weight of cane supplied by each of the growers; and (c) the amount deducted by the sugar-works in respect of their

proportion of the assessment payable under the provisions of this Act.

(2) The return may be certified by the manager of the sugar-works concerned.

45. Millowner's return on variety, tonnage and harvest area data.

(1) The return required to be made by a millowner under section 17 (1) of this Act shall show-

( a) the quantity in tonnes and the weighted average commercial cane sugar content of each variety of sugarcane delivered to and accepted by the mill;

(b) the quantity in tonnes of each variety of sugarcane delivered to and refused by the mill; and

(c) the area in hectares from which each variety of sugarcane was harvested.

(2) The return shall be verified by the Chief Chemist or the Chief Cane Inspector of the mill.

PARTY

PEST AND DISEASE CONTROL

46. Definition and declaration of cane pests. For the purposes of the term "cane pests" in [this Act]* the animals, insects and plants referred to in the Second Schedule shall be defined and declared to be cane pests.

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reg. 47 SUGAR EXPERIMENT STATIONS REGULATIONS 1987

reg. 50 11

47. Definition of proximity to Fiji disease. For the purposes of the definition of the term "diseased", proximity shall mean in the case of Fiji disease, a distance of not more than 400 metres from diseased sugarcane.

48. Duties of occupier or owner in a quarantine area. In any quarantine area, the duties, obligations and courses of action to be taken by the occupier, or the owner of the land if there is no occupier, shall be-

( a) growing or refraining from growing such varieties of sugarcane or alternative host plants as may be specified;

(b) obtaining sugarcane or alternative host plants for planting purposes only from such sources as are specified;

(c) limiting the time of planting as may be specified;

(d) limiting the time and manner of harvesting sugarcane or alternative host plants, generally or for particular varieties, as may be specified;

(e) limiting the period of growth from one planting, either generally or in respect of a particular crop or variety, as may be specified;

(f) cleaning or disinfection of vehicles, machinery, implements and other equipment used on the plantation, as may be specified.

49. Permit to move sugarcane across quarantine boundaries for scientific examination. (1) Any sugarcane or alternative host plant which is diseased or suspected to be diseased, and which has been seized and detained by an inspector in the course of his duties, may be removed from or out of any part of Queensland to another part thereof for scientific examination under the terms and conditions of a permit issued by an inspector.

(2) A permit shall-

(a) identify the sugarcane or alternative host plant specimens to be removed;

(b) specify the name and address of the person or organisation to which the specimens are being forwarded; and

(c) specify the method oftransport and the time period within which the removal may occur.

50. Permit to move sugarcane planting material across quarantine boundaries. The permit which may be issued for the purposes of section 23 (2) of this Act shall-

( a) identify the sugarcane which can be moved under the permit;

(b) provide the name and location of the plantation on· which the sugarcane is growing;

(c) specify the sugarcane quarantine district into which the sugarcane may be introduced; and

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12 reg. 51 SUGAR EXPERIMENT STATIONS REGULATIONS 1987

reg. 55

(d) specify the method of transport and the time period within which the introduction may occur.

51. Orders to destroy diseased sugarcane and other matter. The orders that may be issued for the destruction of sugarcane, alternative host plant, insect, fungus or cane pest under the provisions of section 24 of this Act shall specify-

( a) the location of the land, premises or place where the material for destruction was found;

(b) the material to be destroyed;

(c) the reason why the material should be destroyed;

(d) the manner in which the material is to be destroyed; and (e) the time within which the destruction must occur.

52. Declaration of abandoned cane and the right of appeal. ( 1) When an occupier or owner of a piece of land has received notice in writing from the Director that, under the powers conferred by section 27 of this Act, it is intended to declare his plantation an abandoned plantation, and the occupier or owner, as the case may be, desires to appeal against this decision, an appeal in writing shall be made within a period of not more than twenty-one days from the date of the notice to the clerk of the court for the Magistrates Courts district in which the land concerned is situated, and shall specify his reasons in the appeal.

(2) The occupier or owner shall give to the Director notice in writing of his intention to appeal and his reasons for the appeal.

(3) When any notice of appeal is received by the clerk of the court for the Magistrates Courts district in which the land concerned is situated, he shall fix a time and place for the hearing of the appeal, and shall notify the parties concerned of the time and place for the hearing.

53. Undertaking to comply with quarantine requirements. The undertaking which may be accepted for the purposes of section 28 (3) of this Act shall include-

( a) the location of the land in respect of which the undertaking applies;

(b) the terms, conditions and duration of the undertaking as directed by the Minister; and

(c) the signed acceptance by the owner or occupier, together with a witness to the signature.

54. Inspector's certificate of authority. The certificate of authority issued to an inspector under [this Act]* shall be in Form 4.

55. Honorary inspector's functions and powers. The functions, powers, duties and authorities of an honorary inspector shall be as follows-

( a) he may at all reasonable times, with or without assistants, enter upon any vehicle, boat, aeroplane, land, premises, or

*Sic.

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place and there search for and destroy any sugarcane and alternative host plants which he reasonably suspects to be diseased;

(b) he may seize and detain any sugarcane and alternative host plants suspected to be diseased, which is or are being- (i) introduced into Queensland; or

(ii) removed from one part of Queensland to another part thereof; or

(iii) removed from or out of one portion of any plantation or place to any other plantation or place, or to any portion of the same plantation or place,

provided that the siezure shall be reported to the Director within forty-eight hours of the time of seizure;

(c) he may take away specimens in respect of sugarcane or alternative host plants, which he reasonably suspects to be diseased, for scientific examination or as may be otherwise directed by the Minister;

(d) he may notify the occupier or owner of any plantation or other place or portion of any plantation or other place, of the existence of disease thereon;

(e) he shall report within five days to the Director ofhis finding, or his being notified, of any sugarcane affected with a notifiable disease or cane pest to which section 34 of this Act is applicable;

(f) he may, if he is employed as supervisor or an inspector of a Cane Pest and Disease Control Board and if he is specifically authorised in that respect by that Board, issue an order for the sterilisation, in a manner approved by the Director, of any knife, cutting blade, implement or machine or part thereof used in the cutting, planting, cultivating or harvesting of sugarcane;

(g) he may, if he is employed as supervisor or an inspector of a Cane Pest and Disease Control Board, and if he is specifically authorised in that respect by that Board, within whose area all cane farmers are required by Order in Council-

(i) to designate their sources of planting material and to plant only inspected material; or

(ii) to plant or transplant sugarcane only from a source approved by and on conditions set by an inspector, issue a permit in writing authorising the use of sugarcane as planting material within such time and from such locations as are specified therein;

(h) where an area is declared by Proclamation to be a quarantine area and he is employed by a Cane Pest and Disea~ Control

(17)

Board in that area, he may issue permits in writing permitting the removal of-

(i) sugarcane of any variety from any block or field or plantation declared to be infested With itch grass; or (ii) harvesting and cultivating machinery, tractors, implements

and earthmoving equipment from any plantation or part or parts thereof declared to be infested with itch grass, provided that they have been cleaned of all itch grass plants, seedlings or seed to his reasonable satisfaction, during the currency of the Proclamation.

56. Penalty for breach of regulations. Any person who commits a breach of these regulations shall be guilty of an offence and shall be liable to a penalty not exceeding 4 Penalty Units.

(18)

First Sch. f. 1 SUGAR EXPERIMENT STATIONS REGULATIONS 1987

First Schedule Form 1

Sugar Experiment Stations Act 1900-1983 (Regulation 14)

QUEENSLAND

DECLARATION OF PRESIDING OFFICER

First Sch. f. 1 15

I, , do solemnly declare that I will faithfully and impartially, according to the best of my skill and judgment, exercise and perform all the powers, authorities, and duties invested in or required of me by the Sugar Experiment Stations Regulations 1987, as returning officer at this election; and I do further solemnly promise and declare that I will not at this election attempt to ascertain, save in cases in which I am expressly authorised by law so to do, how any person has voted.

Dated at this day of

' 19 .

Declarant.

before me-

Justice of the Peace.

(19)

16 First Sch. f. 2 SUGAR EXPERIMENT STATIONS REGULATIONS 1987

Form 2

QUEENSLAND

First Sch. f. 2

NOMINATION OF CANDIDATE AS REPRESENTATIVE OF CANEGROWERS ON CANE PEST AND DISEASE CONTROL BOARD We, the undersigned electors, being canegrowers, hereby nominate (insert Christian names and surname in full, and place of residence) as member of the Cane Pest and Disease Control Board.

Signature of Nominators-. Addresses

I, the abovenamed, hereby consent to such nomination. (Signature in full) To the Presiding Officer, (whatever applicable) Cane Pest and Disease Control Board

Election, Brisbane.

(20)

First Sch. f. 3 SUGAR EXPERIMENT STATIONS REGULATIONS 1987

Form 3

(Gummed edge) Perforation

QUEENSLAND VOTING PAPER

First Sch. f. 3 1 7

ELECTION OF MEMBERS' OF CANE PEST AND DISEASE

CONTROL BOARD REPRESENTATIVES OF CANEGROWERS Candidates' Names

(Insert names in alphabetical order of surnames and place a diagram in the form of a square opposite each surname)

Directions

Mark an "X" in (state number of squares to be marked) squares opposite the names of candidates for whom you wish to vote.

Should an "X" be placed in more or less than the above number of squares, or should such mark be placed outside of the square opposite any candidate's name, the voting paper may be informal and invalid.

This voting paper, when so marked by the voter, must forthwith be posted to "The Presiding Officer, (whatever applicable) Cane Pest and Disease Control Board Election, Bureau of Sugar Experiment Stations, P.O. Box 86, Indooroopilly, Q. 4068", and shall be in his hands before in the afternoon of the

day of , 19

Perforation

(Gummed edge)

Perforation Do Not Detach.

No.

(21)

18 First Sch. f. 3 SUGAR EXPERIMENT STATIONS REGULATIONS 1987

DECLARATION I hereby declare that-

First Sch. f. 3

(a) I hold an assignment of two or more hectares of land assigned to the Mill.

(b) I have not voted previously at this election.

If required, I am prepared to make a Statutory Declaration to the above effect.

Signature:

Address:

Date:

This Declaration must be completed and sent in, otherwise your vote will be informal.

(22)

First Sch. f. 4 SUGAR EXPERIMENT STATIONS REGULATIONS 1987

Form 4

QUEENSLAND

CERTIFICATE OF AUTHORITY No.

First Sch. f. 4 19

This certificate is issued to for the purpose of enabling him to prove, if necessary, to any person with whoin his duties may bring him in contact that he is an inspector under and for the purposes of the Sugar Experiment Stations Act 1900-1983.

Director.

(23)

20 Second Sch. SUGAR EXPERIMENT STATIONS REGULATIONS 1987

Second Schedule

Second Sch.

[As amended by regulations published Gazette 20 August 1988, p. 3558.]

SCHEDULE OF CANE PESTS ANIMALS

Feral pigs, Foxes, Hares.

INSECTS

Aphids (Longiunguis sacchari), Armyworms (Noctuidae), Beetle or Weevil Borers (Rhabdoscelus obscurus, Leptopius maleficus), Black Beetles (Heteronychus arator, Metanastes vulgivagus), Bud Moth (Opogona glycyphaga), Cane Beetles. and Cane Grubs (Antitragus mussoni, A.

parvulus, Dermolepida albohirtum, Lepidiota caudata, L. consobrina, L.

crinita, L. frenchi, L. grata, L. grisea, L. negatoria, L. noxia, L. picticollis, L. rothei, L. sororia, L. squamulata), Cicadas ( Cicadetta puer, Parnkalla muelleri), Funnel Ant (Aphaenogaster pythia), Ground Pearls (Margarodidae), LeafBeetles (Rhyparida dimidiata, R. morosa), Locusts (Austracris guttulosa, Gastrimargus musicus, Locusta migratoria), Mealy Bugs (Saccharicoccus sacchari), Moth Borers (Bathytricha truncata, Ephysteris chersaea), Nematodes (Nematoda), Scale Insect (Aulacaspis madiunensis), Soldier Flies (lnopus jlavus, /. rubriceps), Springtails (Collembola), Sugarcane Leafhopper (Perkinsiella saccharicida), Symphylids (Symphyla), Termites (Isoptera), Wireworms (Elateridae).

PLANTS Giant sensitive plant (Mimosa invisa),

Itch grass (Rottboellia cochinchinensis), Weeds or grasses of the following families when growing in association with sugarcane:- Aizoaceae, Amaranthaceae, Asclepidaceae, Asteraceae, Boraginaceae, Chenopodiaceae, Cleomaceae, Convolvulaceae, Cucurbitaceae, Cyperaceae, Dioscoreaceae, Euphorbiaceae, Iridaceae, Lamiaceae, Leguminosae, M alvaceae, Onagraceae, Papaveraceae, Passifloraceae, Poaceae, Polygonaceae, Portulacaceae, Rhamnaceae, Rosaceae, Rubiaceae, Sapindaceae, Scrophulariaceae, Solanaceae, Sterculiaceae, Thunbergiaceae, Tiliaceae, Typhaceae, Verbenaceae, Zygophyllaceae.

BY AUTHORITY

S. R. HAMPSON, GOVERNMENT PRINTER, QUi'.ENSLAND-1989

!04084 (Rju233) 10/89

(24)

INDEX TO THE

SUGAR EXPERIMENT STATIONS REGULATIONS 1987

A

Appeal-

against declaration re abandoned plantation

B

Board. See also Sugar Experiment Stations Board.

application for compensation re s. 24 (3) of Act to be made to.

appointment of canegrowers' and millowners' representative as member of-

Director to fix date for nomination of Governor in Council may appoint nomination of, for, to be within specified time millowner to notify Director of nomination of, re . chairman may call special meeting of

Director to give public notice of election of filling of vacancy in

first meeting of

Governor in Council may appoint chairman, etc., of may recommend payment of compensation re destruction of

sugarcane ..

meaning of term for the purposes of Part III . . . . member not to vote when having pecuniary interest

exceptions re . . . .

Minister may grant leave of absence for members of quorum of ..

revocation or alteration of resolutions of . . . . savings re election of, prior to commencement of reg)llations secretary to give notice of meetings of

secretary to keep minutes of meetings of ..

to appoint secretary

to elect chairman and deputy chairman ..

to expedite all applications for compensation ..

to meet at least every three months vacancy in office of member of voting at meetings of

Cane pest- meaning of term order re destruction of Schedule of

c

Cane Pest and Disease Control Board. See Board.

reg. 52

42

10 (I).

24 10 (2) II (I) 31 12 (I).

40 28 29 (2) ..

41 9 35 (I) ..

35 (2) ..

32 36 37 2 33 38 29 (I) ..

29 (I) ..

43 30 39 34

46 51 Second Sch.

Page

12

9

2 6 2 3 7 3 9 6 6 9 2 8 8 7 8 8 I 7 8 6 6 10 7 8 7

10 12 20

(25)

22 INDEX

Canegrowers' representatives-

appointment of, as member of Board- Direcior to fix date for nomination of nomination of, for, to be within specified time election of, to Board-

death of candidate prior to poll re ..

Director may refer dispute re, to Sugar Experiment Stations Board ..

Director to be returning officer at Director to have casting vote re . form re voting papers ..

nomination of candidates re . .

poD to be taken where number of nominees exceeds number

required . . . . . .

presiding officer to sign statutory declaration prior to report on poD, etc. . .

results of poD to be published ..

rules for parliamentary elections to apply ..

taking of poll re

voting procedure at ..

where number of nominees do not exceed number required Minister may appoint, where insufficient nominations ..

Chairman- appointment of may call special meeting

Minister may grant leave of absence for to have deliberative vote

Chief Cane Inspector-

to verify return of millowner re variety, tonnage and harvest area data

Chief Chemist of mill-

to verify return of millowner re variety, tonnage and harvest area data

Compensation-

application for, res. 24 (3) of Act to be made to Board Board to expedite applications for

recommendation of Board for payment of, re destruction of sugarcane. etc.

D

Director-

Board may recommend payment of compensation re destruction of sugarcane to

duties of, re elector's roll

may refer dispute re election to Sugar Experiment Stations Board

presiding officer to report result of poll to

secretary to notify, re vacancy in office of member of Board to attend meetings of Sugar Experiment Stations Board to be given notice of appeal against declaration of an abandoned

plantation .

to be returning officer at election

to fix date for election and nomination of certain members of Board.

millowner to notify re nomination of representative for to be within specified time

to forward names of representatives to Minister to give public notice of election of Board to have casting vote re election

to keep election documents until disposal authorised to publish results of poll

reg. 10 (I) 10 (2) 18 21 (5) ..

14 (I) ..

21 (4) ..

19 (1), First Sch.f.3 ..

reg. 15, First Scb.f.2 reg. 17

14 (4), First Sch. f. I reg. 21

25 26 20 19 16 22

29 31 32 (I).

34 (4).

45 (2).

42 43 41

41 13 21 (5) 21 (I).

39 (2).

8 52 (2).

14 (I).

10 (I).

II (I).

10 (2).

23 12 (I).

21 (4).

27 25

Page

2 2 4 6 3 5 4, 17 4, 16 4 4, 15 5 6 6 5 4 4 6 6 7 7 7

10

9 10 9

9 3 6 5 9 2 12 3 2 3 2 6 3 5 6 6

(26)

INDEX

E

Election-

death of candidate prior to poll re . . . . . . Director may refer dispute re, to Sugar Experiment Stations

Board. .

Director to be returning officer at Director to have casting vote re .

Director to keep documents re until disposal authorised form re voting papers

nomination of candidates re. . . . . . poll to be taken where number of nominees exceeds number

required .. .. ..

presiding officer to sign statutory declaration prior to report on poll, etc. . . . .

results of poll to be published

rules for parliamentary elections to apply ..

taking of poll re

voting procedure at ..

wll~,re- n~'!'ller_ of nominees do not exceed number req_uired Elector's roll-

amendment of, by Director .

appeal re refusal of Director to enrol elector on compilation of.

Director to be responsible for correctness of

not to be altered after day fixed for nomination of candidates

Forms- application of completion of

re certificate of authority of Inspector re declaration of presiding officer

F

re nomination of candidate as representative of canegrowers on Board.

re voting paper reference to, by number

Governor in Council-

may appoint chairman, etc., of Board to appoint Board members

Inspector-

certificate of authority re functions and duties of honorary

G

I

reg. 18 21 (5) ..

14(1) ..

21 (4) ..

27

19 (1), First Sch. f. 3 reg. I 5, First Sch. f. 2 reg. 17

14 (4), First Sch. f. I reg. 21

25 26 20 19 16

13 (4).

13 (6) . 13 (l), (2) 13 (3).

13 (S) .

5 (1) . 5 (2).

First Sch. f. 4 First Sch. f. 1 First Sch. f. 2 First Sch. f. 3 reg. 5 (3) .

29 (2), (3) ..

24

54, First Sch. f. 4 reg. 55

Page

23

4 6 3 5 6 4, 17 4, 16 4 4, IS 5 6 6 5 4 4

3 3 3 3 3

2 2 19 15 16 17 2

6, 7 6

12, 19 12

(27)

24 INDEX

M

·Manager-

may certifY return of millowner re assessment Meaning ·of term-

Board· for the purposes of Part III cane. ·pest

proximity for the purposes of Fiji disease Millowner-

to furnish return re assessment manager of sugar-works may certifY

to furnish return re variety, tonnage and harvest area data . to be verified by Chief Chemist, etc., of mill

to notify Director re nomination of representative for appointment as member of Board

Millowners' representative-

appointment of, as member of Board- Director to fix date for nomination of nomination of, for, to be within specified time Mill owner to notify Director of nomination of, re.

Minister-

Director to forward names of representatives to may appoint representatives where insufficient nominations may grant leave of absence for members of Board may sanction frequency of meeting of Board

secretary to notifY, re vacancy in office of member of Board

N

Notice-

re appointment of deputy of director re election re appointment of members of Board re election of Board

re meetings of Board

re poll for election as canegrower's representatives

0

Order-

re destruction of diseased sugarcane and other matter . Owner or occupier-

duties of, in quarantine area

may appeal against declaration of abandonment of plantation

Penalty for breach of regulations Permit-

p

re moving of sugarcane across quarantine boundaries for scientific examination

re moving of sugarcane planting material across quarantine boundaries

reg. 44 (2) ..

9 46 47

44 (I) ..

44 (2) ..

45 (I) ..

45 (2) ..

II(!) ..

10 (I) ..

10 (2) ..

II(!) ..

23 22 32 30 39 (2) ..

14 (3) ..

24 12 33 17

51

48 52 (2).

56

49 50

Page

10

2 10 II

10 10 10 10

6 6 7 7 9

4 6 3 7 4

12

II 12

14

II II