Penalty and forfeiture.
526
regulation shall be rescinded, or amended in any manner whatsoever, the said regulation shall, without prejudice to anything done thereunder, be deemed to be rescinded, or amended as the case may be, as from the date of publication in the Gazette of the passing of such resolution,
3.--(1.) Every person who contravenes any regula- tion made under this Ordinance shall upon summary conviction be liable to a fine not exceeding two hundred and fifty dollars.
(2.) It shall be lawful for a magistrate to forfeit any severed plant or portion of a plant with regard to which... any contravention of any such regulation shall havė been committed.
Objects and Reasons.
1. Considerable damage has been done in recent years to azaleas by the picking of the flowering bran- ches for the purpose of table and house decoration, and strong action is necessary if this shrub, which used to be such a striking feature of the hillsides in the flowering season, is to be saved from practical exter- mination except in private gardens. It may not be generally known that once the flowering branches are cut the plant does not produce a further full supply of flowers for at least five years. The plant therefore does not lend itself to the supply of flowers for decoration purposes. Some of the existing azaleas are wild, and others were planted by the Botanical and Forestry Department. It is desired to protect both classes.
2. The bill is primarily intended to provide powers for the protection of azaleas, but it is made general in form as it may be desirable from time to time to protect other plants also.
3. A draft of the regulations immediately proposed is published with this bill.
28th June, 1920.
DRAFT
J. H. KEMP,
Attorney General,
Regulations made by the Governor in Council under section 2 of the Plants Ordinance, 1920, Ordinance No. of 1920, on the
day of
Azaleas.
1920.
1. Subject to Regulation No. 2 of these regulations no person shall without lawful excuse sell, offer for sale, or have in his possession or under his custody or control any portion of any azalea () whatsoever.
2. Regulation No. 1 of these regulations shall not apply to the following:---
(a.) Whole plants which were grown outside the Colony and which were
imported into the Colony as whole plants.
(b.) Portions of azaleas which were grown in private gardens and which were picked with the consent of the owner or occupier of such gardens.
3. In any prosecution under these regulations the onus shall be upon the defendant of bringing himself within the exceptions of Regulation No. 2 of these regulations, or of proving lawful excuse, as the case may be.
COUNCIL CHAMBER,
Clerk of Councils.
1920.
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