S.I. No. 5/1962 - Importation of Unbarked Coniferous Timber (Prohibition) Order, 1962.


S.I. No. 5 of 1962.

IMPORTATION OF UNBARKED CONIFEROUS TIMBER (PROHIBITION) ORDER, 1962.

I, PATRICK SMITH, Minister for Agriculture, in exercise of the powers conferred on me by section 2 of the Destructive Insects and Pests (Consolidation) Act, 1958 (No. 11 of 1958), for the purpose of preventing the introduction into the State of insects, fungi and other pests destructive to forest trees, hereby order as follows :

1.—(1) This Order may be cited as the Importation of Unbarked Coniferous Timber (Prohibition) Order, 1962.

(2) This Order shall come into operation on the 1st day of February, 1962.

2. In this Order—

" authorised officer " means a person appointed by the Minister in writing to be an authorised officer for the purposes of this Order ;

" importer ", in relation to unbarked coniferous timber, includes any person who, whether as owner, consignor or consignee, agent or broker, is for the time being in possession of, or in any way entitled to the custody or control of, the timber ;

" the Minister " means the Minister for Agriculture ;

" unbarked coniferous timber " means logs or poles from trees of any of the coniferous species in the round with some or all of the bark still present.

3.—(1) The importation into the State of unbarked coniferous timber brought from any of the countries specified in the Schedule to this Order is hereby prohibited save under and in accordance with a licence granted under this Order.

(2) For the purposes of this Order unbarked coniferous timber shall be deemed not to have been brought from a country if the vessel in which the timber is shipped calls at a port in that country in the course of its voyage to the State but the timber is not unloaded at that port, but timber which is so unloaded and is subsequently reshipped shall be deemed to have been brought from such country.

4.—(1) The Minister may at his discretion grant licences for the purposes of this Order.

(2) The Minister may at any time revoke a licence granted under this Article.

(3) The Minister may attach to a licence granted under this Article such conditions (if any) as he thinks proper.

5. Whenever any unbarked coniferous timber is imported into the State in contravention of this Order it shall be destroyed forthwith either by and at the expense of the importer or, if the Minister so directs, by some other person specified by the Minister.

6. An authorised officer may enter any premises on which he suspects or has reasonable grounds for believing that unbarked coniferous timber imported into the State in contravention of this Order, or that he suspects has been so imported, is situated and may examine any unbarked coniferous timber which he finds on those premises.

7. An authorised officer shall be furnished by the Minister with a certificate of his appointment as authorised officer and when exercising any power conferred by this Order shall, if requested by any person affected, produce the certificate to that person.

SCHEDULE.

Belgium.

Denmark.

The Federal Republic of Germany.

The Netherlands.

GIVEN under my Official Seal, this 15th day of January, 1962.

PATRICK SMITH,

Minister for Agriculture.

EXPLANATORY NOTE.

The effect of this Order is to prohibit except under licence the import from certain European countries of coniferous timber in the round with some or all of the bark still present.