No. 38/1936:

NOXIOUS WEEDS ACT, 1936

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Noxious weeds.

3 Liability of responsible persons in respect of noxious weeds.

4 Power of entry and inspection.

5 Notice to destroy noxious weeds.

6 Notices.

7 Obstruction.

8 Prosecutions.

9 Expenses.

10 Repeal.

11 Short title and commencement.

AN ACT TO MAKE BETTER PROVISION FOR PREVENTING THE GROWTH AND SPREADING OF NOXIOUS WEEDS, TO AMEND THE LAW RELATING TO NOXIOUS WEEDS, AND TO MAKE PROVISION FOR OTHER MATTERS CONNECTED THEREWITH.

[8th August, 1936.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

1.—(1) In this Act —

the expression "the Minister" means the Minister for Agriculture;

the word "inspector" means any person authorised in writing by the Minister to exercise the powers conferred on an inspector by this Act.

(2) Each of the following persons shall, for the purposes of this Act, be a responsible person in relation to land, that is to say:—

( a ) any person who is the owner of such land,

( b ) any person who is the occupier of such land,

( c ) any person who is for the time being entitled to the use of such land,

( d ) any person who as steward or bailiff is responsible for the care or management of such land,

( e ) in case such land is a public road, the local authority charged with the maintenance of such road,

and the expression "responsible person" when used in relation to any land shall be construed accordingly.

2.—(1) Whenever the Minister is satisfied that plants of any particular species or variety growing, or in the opinion of the Minister likely to become established, in any area are in that area noxious weeds, the Minister may make an order declaring such plants to be noxious weeds in that area as specified in such order.

(2) The area specified in any order made under this section may comprise the whole or any part of Saorstát Eireann and may be one continuous area or two or more separate non-contiguous areas.

(3) Whenever the Minister makes an order under this section he may by a subsequent order revoke or amend such order.

(4) Whenever an order made under this section is for the time being in force any plants which are by such order declared to be noxious weeds in the area to which such order relates shall for the purposes of this Act be noxious weeds in that area.

(5) Every order made by the Minister under this section shall be laid before Dáil Eireann as soon as may be after it is made, and if a resolution annulling such order is passed by Dáil Eireann within the next subsequent twenty-one days on which Dáil Eireann has sat after such order is so laid before Dáil Eireann, such order shall be annulled accordingly but without prejudice to the validity of anything previously done under such order.

3.—Where any noxious weeds are growing on any land the responsible person in respect of such land or if there are two or more such persons, each of them severally, shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

4.—Any member of the Gárda Síochána and any inspector may at all reasonable times enter upon any land situated in any area to which any order made under this Act and for the time being in force relates for the purpose of ascertaining whether any noxious weeds are growing on such land.

5.—(1) Any member of the Gárda Síochána and any inspector who finds any noxious weeds growing on any land may serve on any person who is in respect of such land a responsible person a notice requiring such person to destroy such noxious weeds (which shall be specified in such notice) in such manner and within such time as may be specified in such notice.

(2) If, after the expiration of the time specified in a notice served under this section in respect of any land, any noxious weeds specified therein have not been destroyed in accordance with such notice, the following provisions shall apply, that is to say:—

( a ) every person on whom such notice was served under this section shall be guilty of an offence under this section and on summary conviction thereof shall, in addition to any other penalty to which he may be liable under this Act in respect of such noxious weeds, and in addition to any other payment to which he may be liable under this section, be liable to a fine not exceeding twenty pounds,

( b ) any person authorised by the Minister may enter upon such land with or without workmen, horses, or machines and may destroy the noxious weeds to which such notice relates,

( c ) the Minister may recover from any person on whom a notice has been served under this section in respect of such land as a simple contract debt in any court of competent jurisdiction the amount of the costs and expenses incurred in the destruction of such noxious weeds.

(3) All costs and expenses recovered by the Minister under the immediately preceding sub-section shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

6.—(1) Any notice which any member of the Gárda Síochána or any inspector is authorised to serve under this Act shall be sufficiently authenticated if signed by the member of the Gárda Síochána or the inspector by whom such notice is served.

(2) Any notice which may be served under this Act on any person in relation to noxious weeds growing on any land, may be served in any of the following ways, that is to say:—

( a ) by delivering it to such person,

( b ) by leaving it at the address at which such person ordinarily resides,

( c ) by sending it by post addressed to such person at the address at which he ordinarily resides,

( d ) when the address at which such person ordinarily resides cannot be ascertained by reasonable inquiry, by delivering it to some person over sixteen years of age resident or employed on such land, or by affixing it in a conspicuous position on such land.

7.—Any person on or about any land who refuses to furnish to any member of the Gárda Síochána or to any inspector information in his possession as to the ownership, occupation, or use of such land, or who knowingly gives to any such member or inspector false information as to the ownership, occupation, or use of such land, or who obstructs any such member or inspector or any person acting on the direction of the Minister under this Act in the exercise of any of the powers vested in or in the performance of any duties imposed nn any such member, inspector, or person by this Act, shall be guilty of an offence under this Act and shall on summary conviction thereof be liable to a fine not exceeding twenty pounds.

8.—(1) Proceedings for an offence under any section of this Act shall not be instituted except by or with the consent of the Minister.

(2) A prosecution for an offence under any section of this Act may be brought by or at the suit of the Minister.

(3) Where the name of the owner or occupier (as the case may be) of any land cannot be ascertained by reasonable inquiry any notice served under this Act may be addressed to "the owner" or "the occupier" (as the case may require) without naming him.

(4) For the purposes of this section a company registered under the Companies Acts, 1908 to 1924, shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.

9.—All expenses incurred in carrying this Act into execution shall to such extent as may be sanctioned by the Minister for Finance be paid out of moneys provided by the Oireachtas.

10.—The Weeds and Agricultural Seeds (Ireland) Act, 1909, is hereby repealed.

11.—(1) This Act may be cited as the Noxious Weeds Act, 1936 .

(2) This Act shall come into operation on the 1st day of January, 1937.