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Mosquito Act 1980

NIUE

MOSQUITO CONTROL ACT 1980

Act 63 of 1980 - 10 November 1980

ANALYSIS

Title

1. Short Title
2. Interpretation
3. Duty to keep land and premises clear of mosquitoes
4. Littering and dumping prohibited
5. Duties and powers of Health Inspectors.
6. Non-compliance with a Mosquito Control Order
7. Continuing non-compliance
8. Absentee person with mosquito control responsibilities
9. Offences
10. Consequential repeal

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AN ACT to provide for the enforcement of mosquito control measures in Niue for the protection of the public health from diseases transmitted by mosquitoes.

BE ENACTED by the Niue Assembly in Session Assembled and by the authority of the same, as follows:

1. Short Title - This Act may be cited as the Mosquito Control Act 1980.

2. Interpretation - In this Act unless the context otherwise requires-

'Building' means any construction whatsoever and includes any shop, school, hospital, hall, church, house, outside kitchen or out-house but does not include a shed constructed in the bush for storage purposes;

'Cabinet' means the Cabinet of Ministries established under Article 2 of the Niue Constitution;

'Director of Health' means the officer appointed to the post of Director of Health under section 23 of the Niue Act 1966;

'Director of Works' means the officer for the time being in charge of the Public Works Department;

'Dwelling' means any building used from time to time for the purpose of human habitation;

'Health Inspector' means any Inspector of Health appointed under section 7 of the Public Health Ordinance 1965;

'Mosquito to Control Order' means any order made by any Health Inspector pursuant to Section 5 of this Act.

3. Duty to keep land and premises clear of mosquitoes - Every person who uses the land belonging to any dwelling or building or who is responsible for the care and management of such dwelling or building, is under a duty to ensure that:

(1) All land around any building or dwelling shall be kept clear of mosquito breeding and resting places as hereinafter provided.

(2) No water shall be stored (except in appropriate quantities for domestic capable of holding water, unless adequately protected against mosquitoes.

(3) Any such land shall be kept clear of bush, scrub and any mass of rotting vegetation likely to harbour mosquitoes within a radius of sixty metres from any dwelling or building.

(4) Any such land shall be kept clear of any bottle (whole or broken), tin, coconut shell, or any other article whatsoever likely to retain water commits an offence against this Act.

4. Littering and dumping prohibited - Every person who litters or dumps on any land whatsoever (not being land designated for that purpose by Cabinet), any bottle, (whole or broken), tin, coconut shell, shell or any other article whatsoever likely to retain water commits an offence against this Act.

5. Duties and powers of Health Inspectors - (1) Any duly appointed Health Inspector may enter on and inspect any land or premises at any reasonable time for the purpose of ensuring compliance with section 3 of this Act.

(2) Whenever an Health Inspector ascertains-

(a) the presence of mosquitoes or mosquito larvae;

(b) the location of breeding or resting places of mosquitoes; he shall make an order prescribing necessary and practical measure for the eradication of these mosquitoes and mosquito larvae.

(3) Whenever an Health Inspector make an order under subsection (2) of this section and that order is not complied with within seven days he shall begin prosecution under this Act.

6. Non compliance with a Mosquito Control Order - Every person who fails to perform his or her Mosquito Control duty as defined under section 3 of this Act and who fails to abide by an order of an Health Inspector within seven days of such order commits an offence against this Act.

7. Continuing non-compliance - Every person who has been convicted of an offence against section 6 of this Act and who fails to comply with the Health Inspector's order within seven days after such conviction commits a further offence against this Act.

8. Absent persons with mosquito control responsibilities - In any case where:

(a) any person having responsibilities under section 3 of this Act, has departed from Niue without appointing an agent to act in his stead in performing those responsibilities; and

(b) an Health Inspector has made an order in respect of land for which that person is responsible;

the Court, on application by the Director of Health may make an order for the Director of Works to enter upon the land and at the expense of the responsible person carry out the work as specified in the Court order, and all such expenses shall be recoverable from that persons as a debt to the Crown.

9. Offences - Every person who commits an offence against this Act shall on conviction be liable to a fine not exceeding $200.00 and save in exceptional circumstances not less that $20.00.

10. Consequential repeal - Part VIII of the Public Health Ordinance 1965 is hereby repealed.

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