No. XV.
An Act to amend the "Commons Regula t ion
| Act of 1 8 7 3 " and to val idate | cer ta in |
| appo in tments of Trus tees . | [21th | Septem |
| ber, 1886.] |
| Be i t therefore enac ted by t h e Queen ' s Most Exce l len t Majes ty by and | WH E R E A S | A c t of 1873 " | and to val ida te cer tain appo in tmen t s of Trus tees |
it is expedient to amend t h e " Commons Regu la t ion
| w i t h t h e advice a n d consent of t h e Legis la t ive Council and | Legislat ive |
| Assembly of N e w Sou th W a l e s | in | Pa r l i amen t | assembled | and | by t h e |
| au thor i ty of t h e same as | fo l lows:— |
| 1. This A c t | m a y be | cited | as | t h e | " Commons | R e g u l a t i o n | A c t |
| A m e n d m e n t A c t of 1886 " | I t shall be read a n d cons t rued toge ther | wi th |
| t h e | " Commons | R e g u l a t i o n | A c t | of | 1873 " | hereinaf ter | t e rmed | t h e |
| P r inc ipa l A c t | and t h e said Acts m a y be collectively cited as | t h e |
| " C o m m o n s | Acts | 1 8 7 3 - 1 8 8 6 " | Eo r | t h e | purpose | of | in te rp re t ing | th is |
| A c t t h e | expression | " i n s t r u m e n t s | unde r | t he | h a n d | of | t he | G o v e r n o r " |
conta ined in t h e preamble to t h e Pr inc ipa l A c t shal l be t a k e n to inc lude a n d to have inc luded al l notifications reservat ions or dedica
| t ions | of Commons | w h e t h e r | p e r m a n e n t | or t empora ry | or for | pas tu rage |
| The word " G o v e r n o r " | shall | m e a n | t h e | Governor w i th t he | advice |
| of | the | E x e c u t i v e | Council . |
| " C o m m o n e r " | shal l m e a n any person whose n a m e is conta ined | in |
t he Commoners ' roll i n force for t h e t ime be ing as herein
after provided.
| " | Commoners | b o u n d a r i e s " | shall m e a n t h e boundar ies of t h e | area |
| notified in t h e Government | Gazette w i th in or in respect of |
wh ich t h e persons ent i t led to t h e use of t h e Commons men t ioned in t h e notification reside or hold t h e prescribed quali fication and
| " M i n i s t e r " | shal l | m e a n | the | Min is te r | charged | wi th t h e | adminis |
| t r a t ion | of th is a n d | the | Pr inc ipa l | Ac t . |
2. The Trustees of every exis t ing Common shal l w i th in six m o n t h s after t he passing of th is A c t and t h e Trus tees of every C o m m o n notified or set apa r t after t he passing of th i s A c t shall wi th in t he l ike period after t h e notification or se t t ing apar t of such Common or such extended t ime in each case as t h e Minis te r m a y in any case al low m a k e out a roll of t h e persons ent i t led to the use and en joyment of such Common in accordance wi th t h e g r a n t dedicat ion or notification in t he Gazette or w i t h any proc lamat ion or o the r declarat ion of t h e Governor and Execu t i ve Counci l re la t ing to such Common A n d no person whose n a m e is not on such Commoners roll shall be ent i t led to exercise any of the r igh ts of Commoners u n d e r the " Commons Acts of 1 8 7 3 - 1 8 8 6 " or any regula t ions m a d e t he r eunde r Al l such rolls
| dedicated or set apar t before or after t h e pass ing of th is Act—fix t he boundar ies wi th in which r igh t s of Commonage shall a t t ach to such Common and m a y also a l te r or ex tend such boundar ies and subject to t he regula t ions in force w i t h respect to any such Common all persons over t h e age of twenty-one years ent i t led to such r i g h t of Commonage | shal l |
| shal l be m a d e out revised | publ ished | and otherwise deal t w i t h in |
accordance wi th regula t ions to be made under th i s Ac t .
| 3. | The Governor m a y wi th | respect | to | any | C o m m o n — w h e t h e r |
shal l be enti t led to vote a t all elections of Trustees for such Common Provided however t h a t where land is in t he occupation of any person o ther t h a n t he owner thereof such owner shal l not be ent i t led to any
| Commonable r igh t s in respect of such land | N o al tera t ion of any such |
| boundar ies shall affect a n y r igh t of Commonage | vested a t the t ime of |
| such | a l te ra t ion . |
| 4. I f in a n y case i t shall h a p p e n | t h a t | no election for the |
| Trus tees of any Common has been held in t e rms of t he Pr inc ipa l | A c t |
| or t h a t an insufficient n u m b e r | of Trus tees | lias been elected or if from |
a n y cause the re a re no Trustees or an insufficient n u m b e r of Trustees of a n y Common i t shall be lawful for t h e Governor to appoin t a
| sufficient n u m b e r of Trustees for such | Common. |
5. N o person shall be eligible for election as Trus tee of any Common who is not a t t h e date of such election and who shal l not for six m o n t h s immedia te ly preceding such date have been ent i t led to the use of such Common.
6. The Governor m a y appoint t he Counci l of any Munic ipa l i ty
| to be by the i r | corpora te | n a m e | the Trustees of a n y Common s i tua te |
| wi th in t h e boundar ies of or adjacent to such | Munic ipa l i ty | A n d | upon |
the publ ica t ion of such a p p o i n t m e n t in t h e Gazette such Council a n d its successors shall be t he Trus tees of such Common for ail purposes of th is and t h e Pr inc ipa l A c t W h e r e any such Common is s i tuated in more t h a n one Munic ipa l i ty the Governor m a y declare which Mun ic ipa l Counci l shall be t he Trustees of such Common or may appoin t o ther Trus tees therefor The Governor m a y also appoint tin; first Trustees of every Common notified or set apa r t after t he passing of th is Ac t .
| 7. U p o n proof to t h e satisfaction | of the Governor t h a t any |
Trustees neglect or refuse to exercise the powers vested in t h e m for t he protec t ion of t h e Common or the Commoners r igh ts or t h a t t hey have pe rmi t t ed any person to occupy or enclose any por t ion of t he Common or to divert t he Common from the purpose for which it was granted t he Governor m a y by notice in t he Gazette declare t h a t such Trus tees have been removed from the i r office and every person or Corporat ion named in such notice shal l t he reupon cease to be a Trus tee or Trus tees of such Common as t he case m a y be.
8. Eve ry appo in tmen t of Trustees or a Trus tee for any Common
set ajiart as a P e r m a n e n t or Temporary Common before the pass ing of
th i s Ac t heretofore made by t h e Governor shall be deemed to be valid
| in law to all in t en t s and purposes | The Governor m a y by notice in |
t h e Gazette declare valid a n y election of Trustees the val idi ty of which m a y be quest ionable by reason of some technica l defect or i r regu la r i ty in the mode of conduc t ing t h e election or of convening a mee t ing to elect Trustees B u t n o t h i n g in this section contained shall affect any proceedings in s t i t u t ed or now pend ing in any Cour t in which t he val idi ty of a n y such appo in tmen t shall have been or shall be in quest ion.
| 9. E v e r y Trus tee of a Common whose t e r m of office has expired shal l h a n d over to his successor or to such | person as t h e Minis te r |
charged wi th t he adminis t ra t ion of th is and t h e Pr inc ipa l A c t shall appo in t all deeds books documents money and o ther p roper ty in his possession or control re la t ing to t h e Common of Avhich he was a Trus tee and if any such Trus tee shall refuse or neglect when called upon by such successor or Minis ter to hand over such deeds books documents m o n e y or proper ty to such successor or person so appointed as afore said (as t h e case m a y be) such Trus tee shall be l iable to a pena l ty no t exceeding fifty pounds bu t no proceedings u n d e r th i s section shall be a ba r to any proceedings to recover possession of any deed book documen t money or o ther propei-1 v as aforesaid.
10 . The only r igh t s to which a Commoner shal l be ent i t led after
t h e commencemen t of th is A c t in respect to any Common shall be t he Common of pas tu rage of s tock ( inc luding t h e r igh t of wa te r ing such stock) upon the Common and wi th t h e permission of t he Trustees of any common and subject to t h e p a y m e n t of such charges as t h e y shal l
| by their rules a n d regula t ions impose t h e r ight | to t ake fallen t imber |
or underwood from t h e Common b u t t he Minis te r m a y subject to t h e p a y m e n t of such charges as he shall impose g ran t a l icense to a n y person to t ake and remove from a Common soil s tone or minera ls or to
| c u t and remove there f rom | any | t imber . |
| 1 1 . | A n y bond fide | carr ier t e ams te r t ravel ler or drover shall have |
t h e r igh t of pas tu rage upon any Common for t h e an imals ac tua l ly in use by h i m for carriage r iding or droving du r ing three days consecu t ively w i thou t charge and for such longer period as m a y be rendered necessary by ra in or floods b u t after such period in e i ther case such an imals if still depas tu r ing on t h e Common m a y be impounded by t h e Trus tees thereof Provided however t h a t t he Trustees of a Common m a y in t he case of any such animals a n d also in t h a t of any t rave l l ing stock upon the paymen t to t h e Trus tees of such fees as shall be p re scribed by regulat ions under th is A c t allow such animals or s tock to be depastured upon such Common for a n y t ime no t exceeding one week wi th in any period of six mon ths .
| 12. | E v e r y drover | of | t rave l l ing | stock | t a k i n g | such | stock | t h r o u g h |
or over or a long a n y Common shall give t he Trustees or h e r d s m a n thereof t h e l ike not ice as he is by law requi red to give to any owner or occupier of land t h r o u g h or a long which he in tends to dr ive any stock.
13 . A t anv mee t ing of Commoners five Commoners shal l form a q u o r u m and a t a n y mee t ing of Trustees th ree Trus tees shall form a q u o r u m and if at any such mee t ing t he votes are equal t he cha i rman shall in addi t ion to his vote as Commoner or Trus tee (as t h e case m a y be) have also a cas t ing vote.
14. A n y an ima l infected wi th any contagious or infectious disease found on a Common m a y be destroyed by order of t he Trustees of such Common after not ice descr ibing wi th reasonable accuracy the an imal in tended to be destroyed shall have been exhibi ted for twenty- four hours a t the police s ta t ion neares t to t h e Common and given to the owner of such an imal if known to the Trus tees s t a t ing t h a t it is the i r in ten t ion to destroy such an imal and no such des t ruc t ion shal l entai l any l iabil i ty a t c o m m o n law or otherwise upon any person giving
| or ac t ing unde r any such order. |
15. The Governor m a y in r ega rd to a n y Common or class of
Commons m a k e regula t ions wi th respect to all or any of t he following
| m a t t e r s | n a m e l y : — |
| (l) | The p a y m e n t of fees by teamste rs t ravel lers a n d | drovers of |
t ravel l ing s tock for ex tended pas tu rage and for t h e appropr ia t ion of such fees and the l ike wi th regard to license fees for r emoving soil s tone or minera l s and for c u t t i n g a n d removing t imber from any Common
| ( n ) | Eor the i r enforcement |
| ( i n ) | | Al l o ther m a t t e r s | of | detai l | necessary | for | ca r ry ing th is and | |
| t h e Pr inc ipa l Ac t in to | effect | |
| A n d al l such regula t ions on be ing publ ished in the Gazette | shall have |
| t h e full force of law. |
10. A n y person who shall commi t a b reach of any of t he
provisions of th is A c t or t he Pr inc ipa l A c t for which a pena l ty is no t
specially provided shall on convic t ion for every such offence i n c u r a
| pena l ty | n o t exceeding | t w e n t y | pounds . |