Forest Board Act 1875 (SA)

Case
No judgment structure available for this case.

ANNO TRICESIMO OCTAVO ET TRICESIMO NON0

VICTORIA3 REGINB.

No. 8.

An Act to make pwvision for the appointment of a Forest Board,

and fir other purposes.

[Assented to 15th October, 187'5.1

HEREAS it is expedient to provide for the creation and per- Preamble.

W manent management of Forest Reserves-Be it therefore

Enacted by the Governor of the Province of South Austra,lia, with

the advice and consent of the Legislative Council and House of Assembly of the said Province, in thif:; present Parliament assembled,

as

follows:

1. The pieces of land set forth. in the First Schedule hereto, Declaration

reaerved for oflanaa

forest

shall be and are hereby declared forest reserves of the said Province, purposes.

notwithstanding that portions or the whole of any such forest

reserves are situated within the boundaries of any Hundreds hereto-

fore proclaimed in the said Province: Provided that the Governor

may declare, by Proclamation in the Government Gazette, that any

one or more of such forest reserves, or any part of any forcst reserve,

shall cease to be a forest reserve after a statement has been laid

before Parliament for thirty days, setting forth the particulars in-

tended to be inserted in such Proclamation.

2. The Governor may, from time to time, by Proclamation in the Governor may reaerve

Government Gazette, reserve any portions of the waste lands as forest 1872,

lands, cl. 9 of 18 of

reserves, and may from time to time in like manner, as in the last section provided, revoke any such Proclamation as to the whole or any portion of such lands so reserved.

3. At any time after the passing of this Act, the overn nor may Appoktment of

appoint a Forest Board, hereinafter styled

the Board," consisting Forest Board.

I

of

26 38" & 39O VETORIB, No. 8.

Forest Board Act.-1875,

of five members, and may from time to time remove any member, and may appoint any person to fill any vacancy that may occur in such Board caused by any such removal or any other cause whatever.

~ ~ m a

to makerw-

4. The Board or any three members thereof shall have power, subject to and with the approval of the Governor, to make such regulations as shall be proper for conducting the business and pro- ceedings of the Board, and for giving effect to this Act, and the same from time to time in like manner to vary, alter, and revoke.

lations.

nection of Chairman.

5. At the first meeting of the Board, one of the members shall be elccted Chairman, bfa majority of votes of the members then present, and in case of an equality of votes, it shall be decided by lot, which of the members having an equal number of votes shall be Chairman; and in the case of his absence at any meeting some other member of the Board shall be elected to preside in his place.

Board meetings.

6. The Board shall meet as often as may be considered necessary

by the Chairman or by a resolution of the Board, and at least once a

8 month, at such time and place as may be found necessary and conve- nient; and any three members of the Board shall have and may exercise the powers hereinafter given to the Board.

Remunoration of

7. To insure punctual and regular attendance, each member of the Board present within fifteen minutes of the time appointed for any meeting, and remaining until the conclusion of the business, shall bo paid the sum of One Guinea for every such attendance: Provided that such payments shall only be made for tvelve meetings

members.

in each year.

Minutes of proceed-

ings.

8. The Board shdl cause entries of all its proceedings to be recorded, and to be signed by the presiding mcmber of the Board.

Appointment of

officers.

9. The Governor may, on the recommendation of the Board, appoint and employ a secretary, forest conservator, and all other

officers necessary for giving effect to this Act, at reasonable salaries.

Moneys to be paid

10. All moneys amounting to Ten Pounds and upwards, shall, secretary or othcr officer, be paid into such bank as the Board shall

into a bank.

within three days after they shall have come to the hands of the

have appointed; and all payments hall be made by cheques signed

-

by two members of the Board, and countersigned by the secretary, and proper books of account of all receipts and payments shall be kept by such secretary or other officer, and such accounts shall be annually audited by the Auditor-General of the said Province; and

al l surplus funds not required by the Board for the purposes of

carrying out this Act shall be paid to the Treasurer for the public

service of the said Province.

Powersofthe Foreat

11. Thc Board shall have perpetual succession by the name of be impleanled, grant and receive, and shall hold in tmat h lands

Boaxd.

" The Forest Board," shall and may sue and be sued, implead, and

buildings,

Forest Board A c t 1

875.

buildings, and other property of whatsoever nature, dedicated to, or given up for the purposes of, or in anywise belonging to the Forest Reserves named in the First Schedule hereto or hereafter to be pro- claimed, unless any part thereof be diverted from such purpose by revocation in manner aforesaid: And the Board shall also have full power and authority to receive, pay, apply, and dispose of all such moneys as shall be annually granted to the Board out of the public revenue of the said Province, or received by the sale of any plants, trees, or timber, and to enter into all such contracts, and to do all such other acts, deeds, matters, or things as may be requisite or proper to be done in the purchasing, cxchanging, or otherwise collecting of plants, seeds, implements, materials, botanical books, and works on forestry, or for erecting or completing fences, houses for the reaidences of any officers employed by the Board, and other buildings appertaining to the said forest reserves, and for all such other purposes as the Board may decide to be required to carry into effect the planting and preserving of forest trees in the said reserves, and also to form and afterwards maintain a museum, so far as con- nected with forestry: And also shall have full power, with the consent of the Governor, to direct and order at what times, in what manner, and under what restrictions the public may visit the said reserves; and shall decide the conditions upon which spare plants and seeds may be exchanged or sold, or given away.

12, The Board may, subject to the approval of

the Commissioner ~

~

~

~

~

~

~

~

$

s

~

~

of Crown Lands, plant portions of the travelling stock reserves, named in the Second Schedule hereto, and such portions shall there- after be under the entire control of the Board until the said Commis- sioner shall otherwise determine.

13. The Governor, by Proclamslion in the Government Gazette, ~ ~ ~; ; ~ $. 0 f

may declare and define one or more Forest Districts, and may from time to time alter the boundaries thereof; and in such case may appoint in and for each proclaimed district a Local Forest, Board, consisting of such number of members as may appear necessary or

any such Local Forest Board shall receive the same fees, and shall

expedient; and from and after such appointment the members of

have the same powers, rights, and remedies, and perform the same duties within the boundaries of such Forest District as are set forth in this Act for the Board generally. And from and after such Proclamation of a Forest District the powers, rights, and duties of the Board within such district shall cease.

14. The Board shall define the districts wherein it is desirable Boardtodefinedis-

tricts, and make regu-

The Forest Trees Act, 18'73 " shall come into operation, and also lations under N F O ~ ~ S ~

Act, 1873."

make regulations as required by the said Act, and which may apply Trees shall be approved by the Governor.

throughout the said Province, or to any one or more of such districts:

Cattle may be im-

15. The Board may, within the boundary of the respective forest pounded, and goats,

&CV destro~e2-

38" & 3 9 O VICTORIX, No. 8.

-

Forest Board Act.-1875.

reserves, except as herein mentioned as regards travelling stock reserves, carry into execution the provisions of the Act No. 8 of

1858, being an Act to consolidate and amend the Laws relating to

,

the impounding of cattle.

Ownere of animal8

trespaseing liable for

16. I t shall not be lawful for any person to suffer any cattle, sheep, goats, pigs, or horses belonging to him or under his charge to stray, or to be at large, or to be tethered or depastured in any enclosed forest reserve without special permission from the Board; and any person who shall so offend shall, on conviction before any Justice of the Peace for the said . Province, incur a penalty not exceeding Two Pounds, and in case of any injwy to, or the destruc* tion of, any plant or plants, tree or trees within any enclosed forest reserve, or fence connected therewith, such person shall in addition pay the value of the plant or tree, or fence, txo injured or destroyed, and in default of payment may be imprisoned for any period not exceeding fourteen days.

damages.

Not to affect stock

reserves.

17. The Board shall not exercise the powers given in the two last preceding clauses in any part of the aforesaid travelling stock reserves which is not specially enclosed with a sheep-proof fence for the purpose of planting.

Board may levy fee8

on stock depasturing

18. The Board may levy such fees upon stock dcpasturing on forest reserves as the Board, by such regulations as aforesaid, shall from time to time provide: Provided that such fees shall not exceed the amounts specified in the Third Schedule hereto.

on reserves.

Penaltiea mav be re-

19. Every proceedirlg fbr the recovery of any penalty, or sum of

covered in

manner.

a summary money, by this Act imposed or made payable, may be had before any Special Magistrate, or two or more Justices of the Peace for the said Province, in a summary way, by or in the name of the Forest Conservator, or other officer, or any other person appointed under this Act.

Short title.

20. This Act may be cited as the

Forest Board Act."

Incorporation.

21. This Act, and " The Forest Trees Act, 1873," shall be incor- porated, and be read and construed together accordingly.

In the name and on behalf of Her Majesty. I hereby

assent to this Bill.

A. MUSGRAVE, Governor.

FIRST

38" & 39" VJCTOBIAE, No. 8.

. -

Forest Board Act.-1875.

FIRST SCHEDULE.

FOREST RESERVE$,-DEFINITION OF BOUNDARIES.

~ o r t h e j n

District.

No. 1. Never Never Ranges and Springs.-Comprising

all that portion of the

Hundrcd of Belalie south-west of Section 61; west of Sections 289, 288, 287, 53, 31w, 30, 29, 18, 17, 16, IN, Is, 3, 274, and 4; all that portion of the Hundred of Yangya south of Section 250, east of Sections 373, 269, 270, 271, and 272; all that portion of the Hundred of Bundaleer east of a line from the north-east corner of Section 484, to the south-east curner of Section 494, south of Section 494; east of Sections 495, 496, and 502; and north of Sections 3'1, 36, 35, and 33; and thai portion of the Hundred of Reynolds north of Sections 214, 201; and west of Sections 178,213, 212, and 211.

No, 2. Wirrabara.-Comprising

all that portion of the County Victoria west of the

Hundred of Booyoolie; north of portion of the Hundred of Crystal Brook; and east of the Hundred of Napperby; and that portion of the County of Frome west and south-west of the Hundred of Appila, south of portion of the Hundrcd of Wong- yarra, and east and north-east of a line commencing at the Bluff Trigonometrical Station, and running in a north-north-westerly direction along the summit of the Bluff Range to its northern extremity; and thence to the south-west corner of the Hundred of Wongyarra.

No. 3. Mount Remarkable.-Comprising

the whole of Sections 3 ~,

197, and 198,

Hundred of Wongyarra.

No. 4. Penwortham.-Comprising

the Government Reserve west of Section 603,.

and portion of Section 33; south of portion of Section 9; east of Scction 36, and

north of roadnorth of Sections 359 and 29, all in the Hundred of Clare.

Southern De'strict.

No,-5. Mount Gambicr.-Commencing

at the esst corner of Section 430, Hundred

of Blanche; thence south-westerly along it^, south-eastern boundary to a point 100 links north-east of the south corner of said Section; thence in a south-easterly direc- tion by lines 200 links north-east of, and parallel to, the north-eastern boundaries of Sections 1000,468, and 36, and easterly, by a line 200 links north of, and parallel to, the north boundary of Section 548, to the north-western side of the Main Road to Gambier Town; thence in a north-easterly and northerly direction, following the north-western and western sides of said road to a point cast-south-easterly of the

south-east corner of the Botanic Garden; thence west-north-westerly to said corner, and along the southern boundary of said garden, to its south-western corner; thence

in a south-south-westerly direction along the summit of the ridge between the lakes,

rrouth of the Botanic Garden and Section 85, to the summit of the Mount aambier ridge; thence in a south-westerly, north-westerly, and northerly direction along the summit of the Mount Gambier ridge, to a point south-east of the east corner of Section 430, and thence north-westerly to the point of commencement,

No. 6. Momt Burr.-Comprising

all that portion of the County of Omy, west of a

line commencing at the summit of Mount Graham; thence in a south-eouth-easterly direction along the summit of the Mount Graham and Mount Burr ranges to the southern extremity of the latter; and thence southerly to the north-eat tern corner of Section 25, Hundrcd of Hindmarsh; north of portion of Section 25; east of road east of Section 346; eaet of Sections 26,27, and 30; north of Sections 30,31, and 29, in said Hundred; east of a line running true north from the south-east corner of the Hundred of Mount Muirhead, to a point true west of the summit of Mount Graham, and south of a line connecting the last-mentioned point with the summit of said Mount.

No. 7. Mount Muirhead Flat.-Commencing

at the north-western corner of Section

198, Hundred of Mount Muirhead; thence west-south-westerly to the north corner of Section 135; thence south-easterly to the east corner of Section 154; thence east- north-easterly to the south-western corner of Section 198; and thence north-north- westerly to the point of commencement.

No. 8,

380 & 390 VICTORIB, No. 8.

-

- -

Forest Board Act.-1875.

No. 8. Glen Roy Flat.-Comprising

all that portion of the Hundred of Glen Roy,

south of Sections 81, 83, 52, and 84; west of road west of Sections 6 4 ~, 64s, and 71; north and west of Section 34 : west of road west of Sections 26, 21, and 14; north of and including Section 9, and east of and including Sections 10, 220, 18, 29, 30, 54, and 49.

No. 9. Mundu1la.-Comprising

all that portion of the Hundred of Wirrcga, south

of the suburban lands; south-east of road south-east of Section 99; east of portion of Scction 94; north of Sections 103 and 107; east and south of Section 107; cast of road east of Section 92; north of road north of Sections 110 and 111; south-west of road south-west of Section 114; wcst of road west of Section 115; north of Section 115; and south-west of road south-west of Sections 117 and 120,

No. 10. Border Town.-Comprising

all that portion of the Hundred of Tatiara,

north of road north of Sections 94 and 131; east and north of Section 128; east of road east of Section 126; south of portion of the north houndary of the Hundred; west and south-west of road west and south-west of Sections 2 and 16, and north and west of the Park Lands adjacent to Border Town.

No. 11. Cave Range.-Comprising

all that portion of tile Hundred of Jesaie,

south-west of road south-west of Scctiong 92 and 101; and all that portion of the Hundred of Joanna west of road west of Section 217; west of Sections 21'2 and 211; north-west of the Mosquito Creek and north of Sections 64, 63, and 79.

Central District.

No. 12. From the Park Lands at Hindmarsh to Alberton.-All

the vacant lands

alongside the Port Road.

Western Distrizt.

No. 13.-Hundred

of Wallaroo.

Block No. l.-Bounded

as follows :-Commencing

at the south-eastern corner of

Section 1119, Hundred of Wallaroo; thence west-south-westerly by the southern boundaries of Sections 1119 and 1 l18 to the south-eastern corner of Section 11 13; thence north to its north-eastern corner; thence west to the north-west corner of Section 11 12; thence true north to the ~ o u t h corner of Sectim 11 14; thence north- easterly to its south-eastern corner; thmce true north to a point true west of the south-west corner of Mineral Claim 5F 74; thence east to said co.tner, and along south boundary of said claim and its prodaction to the Hundred boundary; thence south to the north-western boundary of Mineral Section 599; thence south-south-westerly along the north-western boundar~ed of Sections 5909 and 670, and east-south-easterly along the south-western boundary of the lntter Section to the Hundred boundary; thence south along said boundary to a point opposite the south-eastern corner of Section 1119; and thence to said corner, the point of commencement.

Block No. 2.--Commencing

at the south-eastern corner of Section 1101, Hundred

of Wallaroo; thence weak-~outh-westerly by a straight line to the intersection of the north-eastern boundary of Minera.1 Section 2398 with the northern side of main road;

thence north-westerly to north corner of said Section; thence south-westerly to the

east corner of Miner~l Section 2322; thence north-westerly to its north corner;

thence south-westerly to the east corner of Mineral Section 2323; t'lence north- westerly to the south corner of Mineral Section 2799; thence north-easterly along the south-eastern boundary of said Section and its production to a point true west of the north-western corner of Section 1107; thence east to said carner; thence true south to the south-west corner of Seclion i l l 0; thence true east to the north-east corner of Section 1101; and thence eoutb. to the point of commencement.

SECOND SCHEDULE.

TRAVELLTNQ STOCK RESERVES.-DEFINITION OF BOUNDARIES.

Northern District

No, l.-Running

southerly from 'Section 182, Hundred of Wongyarra, to the south

boundary of the said Hundred, and thence south-easterly to Section 3532, Hundred

of Appiln.

No. 2.---Running south-south-easterly from Section 339, Hundred of Appila, to northern boundary of Section 3522, said Hundred.

No. 3.-Running

southerly and south-easterly from Section 244, Hundred of

Crystal Brook, to the southern boundary of said Hundred, and thence in a southerly direction to Section 447, Hundred of Redhill.

No. 4.

38" & 39" VICTORIB, No. 8.

Forest Board Act.-1 875,

No. 4.-Running

southerly from Secion 337, Hundred of Redhill, to Section 114,

Hundred of Barunga, and eastcrly to the eastern boundary of said Hundred, and through portion of the Hundred of Boucaut to Section 34 in the said Hundred.

No. 5.-Running

south-south-westerly from Section 28, Hundred of Barunga,

through southern portion of said Hundred; through portion of the Hundred of Cameron, passing on eastern and western sides of Bumbunga Lake, to Section 116; and thence south-easterly, passing Sections 23 and 9, to the southern boundary of said Hundred, and tratelliiig stock reserve, running east-north-easterly from Section 79, Hundred of Cameron, through eastern portion of said Hundred, and through the Hundreds of Everard and Blyth, to Section 47, in the latter Hundred.

No. 6.-Commencing

a t the northern boundary of the Hundred of Black Rock

Plain, near Section 180, and running south-easterly and south-south-westerly through said Hundred; thence in a south-easterly direction through the Hundred of Manna- narie, passing Sections 244 and 202; south-easterly and sonth through the Hundred of Yongala, passing sections 21 and 5 ; and thence in a southerly direction, thiough the Hundreds of Whyte, Anne, Agers, and Hanson, to Section 644 i n the latter Hundred, and travelling stock reserve in the Hundred of Ayers, running in a south- easterly direction from Section 59, passing Seccions 510 and 509, to the eastern boundary of the said Hundred.

No. 7, I n the Hundred of Hanson.-Running

south-south-westerly

from Section

854 to Section 417, and travelling stock reserve, running south-south-easterly from Section 854, Hundred of Hanson, to Section 900; thence easterly to the eagtern boundary of said Hundred; and thence south-south-easterly from Section 388 to Section 2184, both in the Hundred of Apoinga.

No. 8.-Commencing

a t the northern boundary of the Hundred of Terowie, near

Section 324, and running south-westerly through said Hundred to the north boundary of the Park land^, adjacent to the Towhship of Yarcowie, in the Hundred of Whyte.

No. 9.-Commencing

at the southern boundary of the Park Lands adjacent to the

township of Yarcowie, Hundred of Whyte; thence south, to Section 381, eaid Hundred; thence in a south-easterly and south-westerly direction through the Hundred of Terowie, passing Section 108, to the southcrn boundary of the said Hundred; thence in z southerly direction, passing through the Hundreds of Hallett and Kingston, to Section 150, in the latter Hundred.

flo. 10. In the Hundred cf Kooringa.-Running

east-north-easterly from Section

224, to thc eastern boundary of said Hundred; travelling stock reserve south of Sections 225, 226, 229, and 230; travelling stock reserve, running south-easterly from Section 239 to Section 245; and travelling stock reserve, south of Sections 254 and 265, and north of Section 256, all in the said Hundred.

No. l l. In the Hundred of Apoingcl.-Running

south-westerly from Section 320

to Section 322, and travelling stock reser've running southerly from Section 324 to

the southern boundary of said Hundred.

No. 12. Running easterly from Section 259, Hundted of Ooyder, along portion of

the northern boundary of said Hundred, and southerly from said boundary to Section

395; thence south-westerly to Section 377; thence southerly to Scction 332.

Travelling stock reserve running in a westerly direction from Section 148, Hundred of Ooyder, through said Hundred to Section 114; thence in a west-north-westerly

direction, passing through the Hundreds of Kulyara and Kadina, to near the town-

ship of Kadina. Travelling stock reserve running west-south-westerly from Section

24, Hundred of Kadina, to eastern boundary of mid Hundred, and through portion

of Hundred of Wallaroo, to near the township of M ~ o n t a. Travelling stock reserve running south-westerly from Section 198, Hundred of Kulpara, to Section 158, Hundred of Clinton; and travelling stock reserve running south-westerly from Section

289, Hundred of Clinton, to Section 374, in said Hundred.

Southern District.

No. 13. Commencing a t the north boundary of the Hundred of LochaSer, near

Section 3, and running in a south-easterly direction through the north-eastern portion

of said Hundred; through portion of the Hundred of Hynam, passing Section 110, and south-south-easterly through the southern portion of the Hundred of Hynam, and

northern portion of the Hundred of Naracoorte, to Section '70, in the latter Hundred.

No. 14. Running in a south-eouth-easterly direction from the Cemetery near Sec-

tion 715, Hundred of Naracoorte, to the southern boundary of said Hundred.

No. 15. Commencing a t Section 28, Hundred of Naracoorte, and running easterly through the eastern portion of the Hundred, and east-north-easterly through portion

of the Hundred of Jessie, to Section 46, in the said Hundred.

No. 16. Running eaet-south-easterly from Section 43 to Section 27, both in the

Hundred of Jesaie.

Central

38" & 39O VICTORI&, No. 8.

--p

Forest Board Act.1875.

Central District.

NO. 17. I n the County of Eyre.-Commencing

at the north boundary of the

Hundred of English, near Section 7 6, and running in a south-south-easterly direction through the Hundreds of English and Neales, and in a south-easterly direction through the Hundred of Dutton to its eastern boundary; thence in a southerly direc- tion through portion of the Hundred of Anna to Section 5 in said Hundred. Travel- ling stock reserve commencing at Section 335, Hundred of Neales, and running in

a weeterly direction through said Hundred, and south-westerly through portion of

the Hundred of Julia Creek to the Park Lands, adjacent to the township of Hans- borough; travelling stock reserve, commencing at Section 404, Hundred of Dutton, and running in a south-westerly direction to Section 236, in said Hundred.

No. 18. Commencing at Section 30, Hundred of Anna, and running southerly through southern portion of said Hundred; south-westerly through portion of Hun- dred of Bagot, to Section 745, Hundred of North Rhine; thence in a southerly direc- tion through the Hundreds of North Rhine, Angas, and Finniss, to Section 33 in the latter Hundred.

NO. 19. Commencing at Section 33, Hundred of Finniss, and running southerly and south-easterly to Section 319, in the said Hundred; thence in a south-easterly direc- tion through portion of the Hundred of Mobilong, to near Section 74 in the said Hundred. Travelling stock reserve, commencing at Section 352, Hundred of Monarto, and running in an easterly direction through thc Hundreds of Monarto and Mobilong to the River Murray. Travelling stock reserve, running in a north- easterly direction from Section 108, Hundred of Finniss, to its eastern boundary, and through the Hundred of Ridley.

No. 20. C:omrnencing at Section 125, Hundrec! of Burdett, and running south- easterly through said Hundred to its southern bwndary; thence south-easterly and south-westerly through the Hundred of Seymour to Section 1068, in the said Hun- dred; thence southerly to Section 583, Hundred of Malcolm.

No. 21. Commencing at Section 199, Hundred of Malcolrn; thence in a south- westerly and southerly direction through 2ortions of the Hundreds of Malcolm and Bonney, passing between Sections 7 and 49, in the latter Hundred, to the Park Lande adjacent to the township of Moningie.

THIRD SCHEDULE.

s. d.

Small cattle (for every day j 1,000 or under

................

10

0

For every additional 1,000 or portion of 1,000. .............

5

0

Great cattle (for every day), any number under 100, per head

0

1

One Hundred (100) grent cattle ..................,.I...

6

0

Every head over 100 and under 200, per head. .............

0

l

And so on in proportion for every 100 or fractional part of 100

-

.

...

Adelaide : By authority, W. C. Cox, Government Printer, North-terrace.

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0