Destructive Birds and Animals Act 1893 (WA)
57 VICTORI.E. No. 22
The Destructive Birds and Animals Act, 1893
WESTERN AUSTRALIA
ANNO QUINQUAGESIMO SEPTIMO
VICTORLZE REGILE
No. 22
An Act to prohibit the importation or keeping of De-
structive Birds or Animals, and to authorise their
| destruction. | [Assented to 13th October, 1893. |
| Preamble | HEREAS much damage has been caused by Sparrows and WTrees in the Australasian Colonies, and it is expedient to prevent theother Destructive Birds to Vineyards, Orchards, and Fruit |
| introduction into Western Australia of such birds, and any Animals which may, in the opinion of the Governor in Council, be considered to be destructive to vineyards, orchards, or fruit trees, or to any agricultural produce ; and further to prevent the keeping of all such Birds and Animals within Western Australia : Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows: | |
| short title | 1. This Act may be cited for all purposes as ' The Destructive Birds and Animals Act, 1893.' |
Interpretation 2. For the purposes of this Act, destructive bird' shall mean any
sparrow and other bird to which the Governor in Council, from time to time, by Proclamation in the Government Gazette,' extends the provisions of this Act ; and destructive animal' shall mean any animal to which the Governor in Council front time to time by like Proclama- tion extends the provisions of this Act.
| Destructive bird | 3. No destructive bird or animal shall be imported into Western Australia by sea or land ; and any master or other person in charge of any vessel, or any other person who carries or brings or causes or allows to be carried or brought, any destructive bird or animal into this Colony by any vessel, or other conveyance or means, shall be guilty of an offence against this Act. | ||
| or animal not to | |||
| be imported | |||
| bird or animal | |||
| No destructive | 4. No person shall have in his possession or keep on his premises session, or knowingly keeping or permitting to be kept on his premises,ei any destructive bird or animal, shall be guilty of an offence against this Act. | ||
| to be kept |
| ||
| Destruction of | |||
| any such bird | 5. Any person may destroy any destructive bird or animal at any animal shall not be entitled to recover compensation for any loss or damage that he sustains by the destruction of such destructive bird or animal. | ||
| or animal | place within the Colony, and the owner of such destructive bird or | ||
| authorised |
57 VICTORI.E. No. 22
The Destructive Birds and Animals Act, 1893
| a destructive bird or animal to be set free, shall be guilty of an offence such bird or | 6. Any person who sets free a destructive bird or animal, or permits setting free any |
| animal | bird |
| this Act. | offence |
| 7. Any police officer or constable, and any person from time to time authorised by the Governor may enter upon any land, houses, | Persons autho- rised may enter |
| upon lands, and | |
| or buildings whatever, whether occupied or unoccupied, and take, | destroy destruc-tive birds and |
| carry away, or destroy any destructive birds or animals found in or | animals' |
| upon such land, houses, or buildings. The name of any person so specially authorised as aforesaid shall be published in the ' Govern- ment Gazette,' and such person shall produce a copy of the said Gazette containing notice of his said authority to all persons in occu- pation of any laud, houses, or buildings entered upon by him, who shall require to see the same. Any person obstructing, resisting, or hindering any police officer or constable, or any person so authorised as aforesaid, while acting in the execution of the powers conferred on him by this section, shall be guilty of an offence against this Act. |
| Act shall, for the first offence, be liable on conviction to a penalty not their recovery | 8. (1) Any person offending against any of the provisions of this Penalties and |
exceeding Fifty pounds, and for the second or any subsequent offence
to a penalty not exceeding One hundred pounds.
(2) All such offences shall be cognizable by any two or more Justices of the Peace in a summary manner.
| 1853,' shall be incorporated with and taken to form part of this Act Ordinance | 9. Sections A, D, | G, and H of The Shortening Ordinance, Shortening |
to all intents and purposes, and in as full and ample a manner as if
the said sections had been introduced and fully set forth in this Act.
W. C. F. ROBINSON,
GOVERNOR.
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