Plant Health (Forestry) (Great Britain) Order 1989
| Jurisdiction | UK Non-devolved |
| Citation | SI 1989/823 |
| Year | 1989 |
1989No. 823
PLANT HEALTH
The Plant Health (Forestry) (Great Britain) Order 1989
4thMay1989
18thMay1989
8thJune1989
ARRANGEMENT OF ARTICLES
ARTICLE
1. Title, extent and commencement.
2. Interpretation.
3. Prohibition on landing of tree pests, trees, wood, isolated bark etc.
4. Prohibition on the keeping etc. of tree pests, trees, wood, isolated bark etc.
5. Phytosanitary certificates and mill certificates to accompany imported trees, wood, isolated bark etc.
6. Reforwarding phytosanitary certificates for imported trees, wood, isolated bark etc.
7. Exception from the requirement of a phytosanitary certificate or mill certificate.
8. Official statements in respect of imported trees, wood, isolated bark etc.
9. General provisions relating to certificates.
10. Period during which inspections are to be made and certificates issued.
11. Export of trees, wood etc. to Member States.
12. Notification of the presence or suspected presence of certain tree pests.
13. Notification of the likely entry into, or presence in, a free zone of tree pests, trees, wood, isolated bark etc.
14. Actions which may be taken by an inspector.
15. Further actions which may be taken by an inspector.
16. Miscellaneous provisions as to notices.
17. Examination, sampling and marking.
18. Information as to compliance with notices.
19. Failure to comply with a notice.
20. Power to enter premises used wholly or mainly as a dwelling.
21. Licences.
22. Powers of an officer of Customs and Excise.
23. Information to be given.
24 & 25. Offences.
26. The Customs Act.
27. Amendment to the Restriction on Movement of Spruce Wood Order 1982.
28. Revocation of previous Orders.
ARRANGEMENT OF SCHEDULES
SCHEDULE
1. Tree pests the landing of which is prohibited.
2. Trees, isolated bark, used forestry machinery, soil and growing medium which may not be landed if they originate in certain countries.
3. Conditions subject to which trees, wood, isolated bark, soil and growing medium may be landed unless otherwise prohibited under article 3.
4. Exports to Member States.
5. Form of phytosanitary certificate, reforwarding phytosanitary certificate and mill certificate.
6. Instruments amending Council Directive 77/93/EEC.
7. Revocation of previous Orders.
The Forestry Commissioners, in exercise of the powers conferred on them by sections 2 and 3 of the Plant Health Act 1967 ( a), as read with section 20 of the Agriculture (Miscellaneous Provisions) Act 1972 ( b), and of all other powers enabling them in that behalf, hereby make the following Order:
(a) 1967 c.8; sections 2(1), 3(1) and (2) were amended by the European Communities Act 1972 (c.68), section 4(1) and Schedule 4, paragraph 8; section 3(4) was substituted by section 42 of the Criminal Justice Act 1982 (c.48) and is to be read, as regards England and Wales, with S.I. 1984/447, and section 52(4) of the Criminal Justice Act 1988 (c.33), and, as regards Scotland, with section 289G(13) of the Criminal Procedure (Scotland) Act 1975 (c.21) as inserted by section 66 of the Criminal Justice Act 1987 (c.41), and S.I. 1984/526. The powers conferred by sections 2 and 3 of the Plant Health Act 1967 are conferred on "a competent authority", which expression is defined in section 1(2), as regards the protection of forest trees and timber from attack by pests, as the Forestry Commissioners.
(b) 1972 c.62.
Title, extent and commencement
1. This Order may be cited as the Plant Health (Forestry) (Great Britain) Order 1989, shall apply to Great Britain and shall come into force on 8th June 1989.
Interpretation
2.-(1) In this Order, unless the context otherwise requires-
"authorised officer" means-
(a) in relation to a certificate, translation or copy issued in Great Britain, an inspector or other officer authorised by the Commissioners, and(b) in relation to a certificate, translation or copy issued in a place other than Great Britain, a representative of the Plant Protection Service of the country in which the certificate, translation or copy was issued;"the Commissioners" means the Forestry Commissioners;
"Customs Act" means the Customs and Excise Management Act 1979 ( a);
"Directive 77/93/EEC" means Council Directive of 21st December 1976 on protective measures against the introduction into the Member States of organisms harmful to trees, wood or bark ( b) as amended by the instruments listed in Schedule 6;
"dunnage" means loose wood of any kind used to wedge parts of a cargo to keep them steady;
"the Euro-Mediterranean area" means the geographical area comprising Europe, Algeria, Cyprus, Egypt, Israel, Jordan, Lebanon, Libya, Malta, Morocco, Syria, Tunisia and Turkey;
"Europe" includes the Canary Islands, but does not include Cyprus, Turkey or the following regions of the Union of Soviet Socialist Republics, namely the Kazakh, Kirghiz, Tadzhik, Turkmen and Uzbek Soviet Socialist Republics and the following regions of the Russian Soviet Federal Socialist Republic, namely the Buryat, Yakut and Tuva Autonomous Soviet Socialist Republics, the Altai, Khabarovsk, Krasnoyarsk and Maritime Krais and the Amur, Chita, Irkutsk, Kamchatka, Kemerovo, Kurgan, Magadan, Novosibirsk, Omsk, Sakhalin, Tomsk and Tyumen Oblasts;
"genetically manipulated material" means material derived from any activity which has involved genetic manipulation and which has resulted or, in the opinion of the Commissioners, is likely to result in the production of a tree pest, or any activity which has involved genetic manipulation of a tree pest, and includes material which contains a tree pest which has been genetically manipulated;
"genetic manipulation" means the formation of new combinations of heritable material by the insertion of nucleic acid molecules, produced by whatever means outside the cell, into any virus, bacterial plasmid or other vector system so as to allow their incorporation into a host organism in which they do not naturally occur but in which they are capable of continued propagation;
"growing medium" means material, intended to sustain the life of plants, which consists wholly or partly of soil or peat (whether used or unused) or of any other solid substance;
"importer" in relation to any tree pest, genetically manipulated material, tree, wood, isolated bark, forestry machinery, soil or growing medium includes-
(a) any person who (whether as owner, consignor or consignee, agent, broker or otherwise) is in possession of or in any way entitled to the custody or control of the tree pest, genetically manipulated material, tree, wood, isolated bark, forestry machinery, soil or growing medium; and(b) any person by whose action the tree pest, genetically manipulated material, tree, wood, isolated bark, forestry machinery, soil or growing medium is likely to be or has been landed in Great Britain;"inspector" means any person authorised by the Commissioners to be an inspector for the purposes of this Order;
"isolated bark" means bark which has been removed or become detached from a living, felled or fallen tree or from any part of any such tree;
"landed" includes imported by post and "landing" shall be construed accordingly;
"log" means the trunk of any felled or fallen tree which has been trimmed or any length of such trunk which has been trimmed, or any branch, or any length of such branch, which has been trimmed, severed from a living or felled or fallen tree;
"Member State" means a Member State of the European Community other than the United Kingdom and does not include the Isle of Man or any of the Channel Islands or the French overseas departments, the Canary Islands, Ceuta or Melilla;
(a) 1979 c.2.
(b) OJ No. L26, 31.1.77, p.20.
"mill certificate" means a certificate duly completed by a representative of a supplier of wood for export (including a wood shipping agent), being a supplier authorised by the Plant Protection Service of the exporting country under arrangements approved by the Commissioners, completed substantially in the form set out in Part III of Schedule 5 or the equivalent written in a language other than English;
"North America" means the geographical area comprising Canada, Mexico and the United States of America (except the state of Hawaii);
"nursery" means any premises wholly or partly used for the cultivation or keeping of trees for the purpose of transplantation or removal to other premises;
"official" in relation to any testing or any other procedure required by this Order to be carried out in respect of any tree, wood, isolated bark, soil or growing medium means carried out by or under the supervision of the Plant Protection Service of the country in which the testing or other procedure is carried out and "officially" shall be construed accordingly;
"phytosanitary certificate" means a certificate duly completed either in the form set out in Part I of Schedule 5 or the equivalent written in a language other than English;
"place of production" means any premises, normally worked as a unit, together with any contiguous uncultivated land;
"premises" includes any land, building, vehicle, vessel, aircraft, hovercraft or freight container;
"reforwarding phytosanitary certificate" means a certificate duly completed either in the form set out in Part II of Schedule 5 or the equivalent written in a language other than English;
"seed" means seed in the botanical sense, other than seed not intended for planting;
"soil" means material wholly or partly derived from the upper layer of the earth's crust which is capable of sustaining plant life and which contains solid organic substances such as parts of plants, humus, peat or bark, but does not include material composed entirely of unused peat;
"third country" means a country or territory other than a Member State, the United Kingdom, the Isle of Man or any of the Channel Islands;
"tree" means a living forest tree or any living part thereof at any stage of its growth and includes, where the context admits, any growing medium, substance, packing...
To continue reading
Request your trial