Local Authority (Grazing Districts Improvement) Transfer of Powers Act of 1933 (24 Geo v No. 29) (Qld)

14560 DINGO AND MARSUPIAL DESTRUCTION. Local Authority (Etc.) Transfer of P01vers Act. 24 GEO. V. No 29, DINGO AND MARSUPIAL DESTRUCTION. 24 ?EO. v. An Act to Amend the Law relating to Rabbit, Dingo, N~ ~ ! 9. and Marsupial Destruction; to Provide for the AU~ ~ ~ ~ ~ TY Abolition of District Improvement Boards, ~ ~ : : : II: ' T~ as constituted under "The Grazing Districts I~ : ~ ; r Improvement Act of 1930," and to Confer upon TRANSFER OF POWERS ACT OF 1933. Prescribed Local Authorities the Powers, Rights, Authorities, Duties, Obligations, and Responsibilities of the Abolished District Improvement Boards; and for other purposes. [ASSENTED TO 18TH DECEMBER, 1933.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART L- PRELIMINARY. PART !.--PRELIMINARY. Short tith. 1. This Act may be cited as "The Local A1lthority (Grazin:J Districts Impro1:ement) Tmnsfer of Powers Act of 1933." Construction 2. This Act shall be read as one with *" The Grazing of Act. Districts Improvement Act of 1930," herein referred to as the Principal Act, and shall also be read and construed as one with t" The Local Authorities Acts, 1902 to 1932" (or any Act amending the same). The Principal Act and this Act may collectively be cited !is "The Local A 1tfhority (Gmzing Districts Improvement) Acts, 1930 to 1933." Pa: t~ of Act. 3. This Act is divided into Parts, as follows :- PART I.-PRELIMINARY; PART Il.-ABOLITION OF DISTRICT IMPROVEMENT BOARDS UNDER THE PRINCIPAL ACT, AND CONSTITUTION OF PRESCRIBED LOCAL AUTHORITIES AS BOARDS; PART IlL-AMENDMENTS OF THE PRINCIPAL ACT. * 21 Geo. V. No. 44, supra, page 12844. t 2 Edw. VII. No. 19 and amending Acts, supra, pages 1860 et seq. (See Alphabetical Table).

DINGO AND MARSUPIAL DESTRUCTION. 1933. Local Authority' (Etc.) Tramsfer of Powers Act. 14561 PART 1.- PRELIMINARY. 4. Subject as herein provided this Act shall come Commence- into operation on a date to be proclaimed by the ment of Act. Governor in Council by Proclama,tion published in the PART II.- Gazette, which date is herein referred to as the ABg~~; ;~I~T OF commencement of this Act • IMPROVEMENF BOARDS UNDER THE PRINCIPAL PART H.-ABOLITION OF DISTRICT IMPROVEMENT BOARDS C ACT, AND . ONSTITUTION UNDER THE PRINCIPAL ACT, AND CONSTITUTION OF OF PRESCRIBED LOCAL AUTHORITIES AS BOARDS. PRf~ ! . ~ ED AUTHORITIES 5. On a date to be proclaimed after the AS BOARDS. commencement of this Act by the Governor in Council A? oli~ion of by Proclamation published in the Gazette, ~n District P~ ~~~ e­ Improvement Boards and all Improvement Board ment Boards Districts constituted under the Principal Act shall be ~ ~ ~tricts. abolished and the members of such Boards shall go out of office. 6 For the purposes of this Act the Governor in Constitution Counci-l · IS hereby empowered from t· Ime t 0 t· Ime by Lofocparel scribed Order in Council to constitute a Local Authority or Authority Joint Local Authority to be a prescribed Local Authority to be Board. or Joint Local Authority in which, subject to this Act, shall be vested and to which shall be transferred all or part of the assets, and the powers, rights, functions, privileges, authorities, duties, liabilities, obligations, and jurisdiction of an abolished Board or Boards for and in respect of the districts constituted from time to time under this Act; and for all purposes of the Principal Act and this Act such Local Authority or Joint Local Authority shall be and be deemed to be the District Improvement Board for the district or districts constituted from time to time under this Act. 7. Subject to this Act, on such proclaimed date, Devolution as referred to in section five of this Act, and by virtue ~~ : S: r~~ s&~ : d of the provisions of this Act- consequent on abolit.ion of Boards. (a) All the property, whether real or personal, Property,&c. and all other assets of whatever description, and all titles, easements, leases, bills of sale, mortgages, policies of insurance, rights, liabilities, obligations, contracts, agreements, and engagements of the abolished District Improvement Board existing at such date

14562 DINGO AND MARSUPIAL DESTRUCTION. PART 11.- ' AB~ Ir: ; ~ ~ TOF Local Authority (Btc.) Transfer of Powers Act.. 24 GEO. V. No 29, h!PROVEMENT - - -~ . - - - - BOARDS UNDER THE PRINCIPAL ACT, AND CONSTITUTION OF PRESCRIBED LOOAL AUTHORITIES AS BOARDS. shall, without any transfer, assignment, or conveyance or notice other than this Act, be divested from the abolished Board and shall be vested in and shall be attached to and may be enforced by and against the prescribed Local Authority. Penalties, &(. (b) All penalties, assessments, fees, fines, and forfeitures which at the date aforesaid may be enforceable and recoverable by the aboHshed Board shall and may be enforced and recovered by the prescribed LocaJ Authority. Post actions. (c) All proceedings and things lawfully had and done by the abolished Board shall be and continue to be in full force and effect to all intents and purposes as if the same had been had and done by the prescribed Local Authority, and if the same are not completed may be continued and completed by the prescribed Local Authority. Actions, proceedings, &c. (d) All actions and proceedings pending on the date aforesaid by or against the abolished Board may be carried on and prosecuted by or against the prescribed Local Authority, and no such action or proceeding shall abate or be discontinued or prejudicially affected by anything in this Act contained. Proclama- tions, Orders in Council, and regulations. (e) All Proclamations, Orders in Council, regulations, and by-laws made under the Principal Act and in force at the date aforesaid shall, so far as the same shall be necessary, convenient, or applicable for the purposes of the Principal Act as amended by this Act, continue in force and have effect until the same or any of them are amended or superseded by Proclamations, Orders in Council, regulations, or by-laws under the Principal Act as amended by this Act; and in the construction thereof references to the " District Improvement Board," or member thereof, or any officer thereof shall, so far as shall be necessary, convenient, or applicahle, be deemed to be references to the prescribed Local Authority, or member thereof, or any officer thereof.

1933. DINGO AND MARSUPIAL DESTRUCTION. 14563 L oea. l A 1(·t h or' ~ . t, y (E I te. ) Trans f er of Powers A et. PART II.- ABODLISITTIROICNTOF ~ ~ _ b!PROVE)lENT BOARDS (.1) All instruments, documents records plans, UNDER THE , , •• PRINCIPAL correspondence, and all books and wrItmgs AOT, AND the property of the abolished Board shall CONS~ ~ TUTlON be held by the clerk in trust for the PRESCRIBED Minister to be handed over to the prescribed AU~: ~~~ TIES Local Authority or otherwise dealt with as AS BOARDS. the Minister may direct; and in case the R.ecords. same are handed over to the prescribed Local Authority they shall and hereby become the property of the prescribed Local Authority for the purposes of the Principal Act as amended by this Act (g) All licenses, leases, registrations,. certificates, Existing permits, authorities, delegations, and bcenses, &c. consents issued, made, granted, or given by the abolished Board under or in pursuance of the Principal Act or any Proclamation, Order in Council, regulation, or by-law thereunder and in force or subsisting on the said date shall continue in force for the period (if any) specified in such licenses, leases, registrations, certificates, permits, authorities, delegations, or consents unless the same are sooner suspended, cancelled, or revoked under or in pursuance of the Principal Act as amended by this Act, and the same shall be deemed to have been issued, made, granted, or given by the prescribed Local Authority; and all such documents shall be construed as if the prescribed Local Authority, or chairman or clerk thereof, as the case may be, were therein named instead of the abolished Board, or chairman or officer thereof, as the case may be. (h) Where in any Act or in any Proclamation, R.eference in Order in Council, regulation, or by-law a other Acts. reference is made to any abolished Board, or chairman or officer thereof, such reference shall on and after the said date be deemed to be a reference to the prescribed Local Authority, or chairman or officer thereof, as the case may be. .E

14564 DINGO AND MARSUPIAL DESTRUCTION. PART 11.- ABODLISITTIROINCTOF L ocal A 1ltho ' nty (Etc.) Transfer of POtl'ers A ct. 24 GEO. V. No 29, IMPROVEMENT _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ BOARDS UNDER THE PRINCIPAL ACT, AND (1:) 'Without derogation from and in aid of the foregoing provisions, all the powers, CONSTITUTION OF PRESCRIBED LOCAL AUTHORITIES AS BOARDS. Goneral transfor power. authorities, functions, duties, or obligations of the abolished Board, or chairman or officer thereof, as the case may be, conferred and imposed under any other Act or law, and an the powers, authorities, functions, duties, obligations, rights, liabilities, powers, and privileges conferred and imposed upon the abolished Board under the Principal Act or any other Act or law shall on and from the date aforesaid, and without any transfer, assignment or notice other than ~ his Act, be vested in and be performed, conferred, imposed, and exercised, and shall be attached to and may be enforced by and against the prescribed Local Authority. Prescribed Local Authority. (j) For the purposes of this section the term "prescribed Local Authority" shall mean and include anyone or more Local Authority or Local Authorities or Joint Local Authority or Joint Local Authorities (constituted under the Local Authorities Acts) in which by virtue of this Act is vested and to which is transferred the whole or part of the assets, and the powers, rights, functions, privileges, authorities, duties, liabilities, obligations, and jurisdiction, and more particularly, as referred to in the above section, of an abolished Board 01' Boards, or part or parts of any such abolished Board and/or Boards, which power and authority to so vest and transfer is hereby conferred on the Governor. in Council by Order in Council by virtue of this Act; and which Local Authority or Local Authorities, or Joint Local Authority or Joint Local Authorities, is or are or may be specially named in the Order in Council with reference to the abolished Board or Boards or part of any abolished Board, or part or parts of any abolished Board and/or Boards, and for or in respect of the abolished district or districts or part or parts of an abolished district and!or districts concerned.

DINGO AND MARSUPIAL DESTRUCTION. 14565 PART II.- 1933. Local Authorit.y (Etc.) Transfer of Powers Act. ABOLITION OF DISTRICT ------------------------IMPROVEMENT 8. (1.) For the purposes of thI • S Act the Governor U B N O D A E R R DTSHE in Council is hereby empowered from time to time by ~ ~ o~ ~ ~ Order in Council to constitute districts for the purposes CONSTITUTION of the Principal Act as amended by this Act, and all or PRE~ ; RIBED any of such districts shall be and be deemed AU~ ~ ; ~ ~ TIES Improvement Board Districts under the Principal Act, AS BOARDS. as amended by this Act. Con~ tit~ tion of districts. (2.) In the constitution of such districts regard shall be given to existing Areas constituted from time to time under the Local Authorities Acts, so that for the purposes of this Act and for the due facilitation of administration the districts under the Principal Act (as amended by this Act) may as far as practicable be conterminous with the Areas under the Local Authorities Acts or Areas under the jurisdiction of any Joint Local Authority thereunder. (3.) Where, by virtue of the constitution of any district under this Act, any abolished district or districts constituted under the Principal Act, or part or parts thereof may be divided among anyone or more districts constituted under this Act and assigned thereto, the Governor in Council is empowered and authorised from time to time by Order in Council to issue such orders and give such directions as will ensure the separation of and adjustment of the assets and liabilities in respect of any Board or Boards existing prior to the constitution of any such district or districts under this Act, and the transfer and vesting in the prescribed Local Authority or Joint Local Authority, to whom by virtue of this Act is entrusted the powers, authorities, rights, duties, and obligations of the abolished Board or Boards concerned. Any such Order in Council may direct the apportionment of any assets and liabilities among the prescribed Local Authority or Local Authorities concerned, and the apportionment of any assessments or dues payable under the Principal Act to any abolished Board concerned among any prescribed Local Authority or Local Authorities. (4.) And without limiting the powers of the Governor in Council as hereinbefore provided, in every case in which it may, in consequence of the alteration by virtue of this Act of the boundaries of any district or districts under the Principal Act, be necessary, convenient, or desirable so to do, the Governor in Council may from time to time by Order in Council declare and apportion

14566 DINGO AND MARSUPIAL DESTRUCTION. PART II.- ABg~ ~ ~ I~ I~ TOF Local Authority (Etc.) Transfer of Powers Act. 24 GEO. V. No 29, IMPROVEMENT - - - - - - - - - - - - u~ ~ ~~ ~ ~ IE the assets and liabilities of the respective abolished PRINOIP.AL Boards, and may settle and adjust among the prescribed CONASCTTI,TUANTIDON Local A tuh 01'1 't- l'es any quest'IOn 0 f ' rIghts, powers, PRE~ ~ IBED authorities, functions, assets, assessments, liabilities, A LOCAL duties, and responsibilities which, by reason of the A~ ~ gA~ ~ ~ ~ s operation of this Act, and to give full effect to the objects and purposes thereof, should in the opinion of the Governor in Council be settled or adjusted. (5.) Where in the constitution of districts circumstances may occur where a portion of a district existing at the passing of this Act extends into a Local Authority Area, and it is considered by the Governor in Council that it would be inadvisable to constitute such Local Authority a prescribed Local Authority for the purposes of this Act, such portion of such Area may, with the approval of the Governor in Council by Order in Council published in the Gazette, be transferred to any prescribed Local Authority for the purposes of *" The Local Authority (Grazing Districts Improvement) Acts, 1930 to 1933," only; and such prescribed Local Authority shall have and exercise over such portion full power, authority, and jurisdiction accordingly. (6.) If any of the abolished Boards are indebted to the Treasurer in respect of moneys advanced by way of loan the Governor in Council mav from time to time by like Order in Council declare v and apportion the liabilities of the respective abolished Boards among the prescribed Local Authorities in respect, of any such loan concerned. (7.) Within two months from the passing of this Act, or within such further time as the Minister may jn any particular case allow, every District Improvement Board which will be abolished pursuant to this Act shall furnish to the Minister a fuU description of all property real and personal in the possession of such Board concerned, together with such balance-sheet and statements of receipts and expenditure and of the amounts owing to the Boards (whether by way of assessment or otherwise) or any other particulars as may be necessary or convenient to give full effect to the objects and purposes of this Act. Every clerk of such Board concerned shall hold all such property at the disposal of the Minister and shall give immediate effect to his instructions thereto. * 21 Geo. V. No. 44, 8upra, page 12844, and this Act.

DINGO AND MARSUPIAL DESTRUCTION'. 14567 1933. Local Authoritiy (Etc.) Transfer of Powers Act. PART II.- AB~ ~ ~ ~ ~ I~ TOF - - - - - - - - - - - - - - - - - - - - - - - - - h!PROVEMENT (8.) Notwithstanding anything herein contained, the u~~ ~:~ ~E Governor in Council may from time to time after ~ ~ RINCIPAL the first constitution of districts under this Act and GO~~ : {T~ ~~ ON the allotment and assignment of the rights, powers, PRES~ IBED privileges, functions, duties, and obligations from the A LOCAL abolished Boards to the prescribed Local Authority or A~ ~~AR~~ ~~S Local Authorities by virtue of this Act, by Order in Council- (a) Unite two or more districts into one district; (b) Divide a district into two or more districts; (c) Alter the boundaries of a district by including in such district part of another district, and excluding it from such other district, or by including in a district any part of Queensland not previously included in a district; (d) Abolish a district. vVhen a district is so divided into two or more districts or a portion is severed from one district and included in another district, and in every other case in which it may, in consequence of the alteration of the boundaries of districts, be necessary so to do, the Governor in Council may, by Order in Council declare and apportion the assets and liabilities of the respective prescribed Local Authorities between them, and may settle and adjust any question of rights which by reason of the exercise of any of the foregoing powers should in his opinion be settled or adjusted. In any of the cases aforesaid, if any of the Local Authorities affected is indebted to the Treasurer in respect of moneys advanced by way of loan under the Principal Act and this Act the Governor in Council may by like Order in Council declare and apportion the liabilities of the respective Local Authorities in respect of such loan. 9. For the purposes of this Act, the term "abolished :Meaning of Board " shall mean and include only such District ~ boli~ hed Improvement Boards as were constituted under *" The oar s. Grazing Distr£cts Improvement Act of 1930," and shall not relato to any Board or Boards the continuance of the functioning of which was approved by section nine of such lastmentioned Act, subject nevertheless to the * 21 Geo. v. No. 44, supra, page 12844.

14568 DINGO AND MARSUPIAL DESTRUCTION. PART II.- ABODLISITTIROICNTOF L oca l A ~ dhority (Etc.) Transfer of Powers A ct. 24 G ]DO. V • N T o 29, IMPROVE,IENT ~- - - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ BOARDS UNDER THE alterations, limitations, modifications, and restrictions as ~ ~ ~c~ ~~ are contained in Part V. of such lastmentioned Act, and CONSTITUTION such lastmentioned Boards shall continue in force PRESOCFRIBED accor d l ' ng I y. LOCAL ' ~ ~~ ~ :~~ ~~ s 10. When a prescribed Local Authority is a Board Powers of by virtue of the provisions of this Act the following LAouctahlority. provisions shall, in addition to and in aid of any foregoing provisions of this Act, apply and extend, namely:- (1.) The prescribed Local Authority shall have, in addition to the powers, rights, functions, privileges, authorities, duties, liabilities, obligations, and jurisdiction conferred and imposed upon it by virtue of the Local Authorities Acts, the powers, rights, functions, privileges, authorities, duties, liabilities, obligations, and jurisdiction conferred and imposed upon it by virtue of the Principal Act and this Act; and, moreover, for the purposes of *" The Local Authority (Grazing Districts Improvement) Acts, 1930 to 1933," a prescribed Local Authority (being a Board under such Acts) shall have and exercise the powers, rights, functions, privileges, authorities, duties, liabilities, obligations, and jurisdiction conferred and imposed upon a Local Authority under the Local Authorit,ies Acts. (2.) The prescribed Local Authority shall within the district concerned have power and authority to collect, receive, and recover all rates and assessments levied by and all moneys due to the abolished Board at the date to be proclaimed by virtue of section five of this Act when such Board is so abolished, and all works, matters, and things which at the said date are in course of construction or performance by the abolished Board may be continued and completed by the prescribed Local Authority concerned. (3.) A prescribed Local Authority or Joint Local Authority constituted as a Board by this Act or hereafter constituted, and any district constituted by this Act or hereafter constituted shall for all purposes be and be deemed to be validly and duly constituted, and no action, indictment, suit, information, or other proceeding shall be commenced, presented, prosecuted, or maintained for or in respect of the constitution of any prescribed Local Authority or Joint Local Authority as a Board and/or district accordingly. * 21 Geo. V. No. 44, supra, page 12844, and this Act.

DINGO AND MARSUPIAL DESTRUCTION. 14569 1933. Local A1lthorit l y (Etc.) Transfer of Powers Act. PART II.- ABg~ ~ ~~ I~TOF - - - - - - - IMPROVEMENT 11. (l.) Until such time as the date to be proclaimed by u~ g~ ~ ~ ~ E virtue of section five of this Act after the commencement ~ R~ : C~ ~ ~ of this Act as the date on which a Board shall be abolished, CONST{TUTION the existing members of Boards in office at the passing PRE~ ~~IBED of this Act shall continue to hold office, and such Boards Au~~ g~~ TIES shall exercise their powers, functions, and authorities AS BOARDS. under the Principal Act· and moreover no election Continuance shall, notwithstanding anything to the contr~ ry contained ~ : o: ~ l~ ~ ing in the Principal Act, be held whether or not the tenure of office of such existing members has expired at the commencement of this Act; and in the case of the neglect or refusal of such members to continue to hold such office the Governor in Council may by Order in Council appoint any person or persons to be and to act as member or members of any Board for such aforesaid period accordingly. (2.) This section shall come into operation on the passing of this Act. 12. Notwithstanding anythng to the contrary Reserve:>. contained in the Principal Act or this Act or in any other Act, any reserve, which under the provisions of the Land Acts has been placed under the control of a District Improvement Board as trustee which Board is abolished by virtue of this Act, shall without any further process or notice other than this Act be placed under the control of the Local Authority for the Area within which the reserve is situated, as trustee, and the said Local Authority shall be the trustee of the reserve concerned. PART III.- A~ IENDME~TS OF THE PART III. ~ - AMENDMENTS OF THE PRINCIPAL ACT. PRX'CC:::. PAL 13. The Principal Act (being *" The Grazing Districts Amendments Improvement Act O 'J f 1930") is amended as hereunder set Gofeoth. eVA. Ncto2. 1 forth:- 44. (1.) Section three of the Principal Act is amended Amendment as follows :_ of s. 3. (a) The definition of "Board" is repealed and the foUowing definition is inserted in lieu thereof, namely : - " " Board" ~ - A prescribed Local Authority or Board. Joint Local Authority (constituted pursuant to the provisions of the Local AuthOl'ities Acts) and to which is transferred and vested * 21 Geo. V. No. 44, supra, page 12844.

14570 DINGO AND MARSUPIAL DESTRUCTION. PART III.- - - - - - - - - - - - - - - - - - - - - - - - - - AM~~ ~ ~ ~ NTS Local Authority (Etc.) Transfer of Powers Act. 24 GEO. V. No 29, PRINCIPAL ACT. and imposed therein all the powers, rights, functions, privileges, authorities, duties, liabilities, and obligations of an abolished District Improvement Board by virtue of *" The Local A1J~ thority (Grazing Dist1-icts Impr01·ement) Transfer of Pou:ers Act of 1933," which District Improvement Board was abolished by virtue of such lastmentioned Act, and which lastmentioned Act transferred to and vested and imposed upon the prescribed Local Authority or .J oint Local Authority all the powers, rights, functions, privileges, authorities, duties, liabilities, and obligations of the abolished District Improvement Board concerned, and which prescribed Local Authority or Joint Local Authority, and any prescribed Local Authority or Joint Local Authority to be from time to time hereafter constituted, is and is deemed to be a Board." (b) After the definition of the word" Cattle" the following definition is inserted, namely:- Clerk. " " Clerk"-The clerk of a District Improvement Board or of a Local Authority, as the case may be." (c) The definition of "District" is repealed and the following definition is inserted in lieu thereof, namely:- District. " "District"-A district constituted bv virtue of *" The Local Authority (Grazing ~ Districts Improvement) Transfer of Powers Act of ] 933 " as an Improvement Board District." (d) The definition of "Local Authorities Act" is repealed and the following definition is inserted in lieu thereof, namely:- Local Authorities Acts. " " Local Authorities Acts"-t" The Local Authorities Acts, 1902 to 1932," and any Act amending or in substitution for those Acts or any of them: the term also includes *" The Local Authority (Grazing Districts Improvement) Transfer of Powers Act of 1933." " * This Act. t 2 Edw. VII. No. 19 and amending Acts, supra, pages 1860 et seq. (See Alphabetical Table).

DINGO AND MARSUPIAL DESTRUCTION. 14571 PART HI.- 1933. Local Authority (Etc.) Transfer of Powers Act. AMENDMENTS OF THE PRINCIPAL (e) The definition of " Local Authority " is repealed ACT. and the following definition is inserted in lieu thereof, namely:- " " Local Authority "-A Local Authority Local . constituted under the Local Authorities Acts: AuthorIty. the term, where necessary, also means and includes a Joint Local Authority constituted under the Local Authorities Acts." (f) The definition of "Member" is repealed. (g) The definition of " Minister" is repealed and the following definition is inserted in lieu thereof, namely :- " "Minister"-The Home Secretary or other Minister. Minister of the Crown for the time being charged with the administration of this Act." (h) After the definit'on of "Minister" the following definition is inserted, namely:- " " Noxious weeds"-Prickly-pear (Opuntia, Noxious various), zamia (Cycadaceous plants), desert weeds. poison bush (Gastrolobium grandiflorum) , bathurst burr (Xanthi7lm spinosum) , gal- vanised burr (Basia Birchii), noogoora burr (Xanthium strumarum) , and any other plant or weed which the Governor in Council by notification in the Gazette declares to be a noxious weed for the purposes of this Act." (i) After the definition of "Owner" the following definition is inserted, namely :- "" Prescribed Local Authority"-A prescribed Prescribed Lbeoicnagl cAountshtoitruitteyd oarndJodineet mLeodcaal B Aouatrh d or f iotyr LAouctahlon. ty. the purposes of this Act." (j) The definition of "This Act" is repealed and the following definition js inserted III lieu thereof, namely:- ",' This Act "-*" The Local A1J,thority (Grazing This Act. Districts Improvement) Acts, 1930 to 1933," or any amendment thereof, and all regulations, Proclamations, Orders in Council, by-laws, and orders made and issued thereunder." * 21 Geo. V. No. 44, 8upra, page 12844, and this Act.

14572 DINGO AND MARSUPIAL DESTRUCTION. PART III.- AM~;~ ~ ~ NTs Local Authority (Etc.) Transfer of Powers Act. 24 GEO. V. No 29, PRINOIPAL ACT. (k) After the definition of the words "This Act" the following definition is inserted, namely :- Travelling stock. " " Travelling stock"-Stock, whilst under reasonable control, which are being travelled or driven by land other than in the holding where they are ordinarily depastured." Generally. (2.) And generally for the purposes of *" The Local Authority (Grazing Districts Improvement) Acts, 1930 to 1933," wherever the terms" District Improvement Board" or "Board," or "chairman" or "officer" thereof, or "district" shall be referred to therein, such terms shall be read and construed as meaning the prescribed Local Authority (or Joint Local Authority), or chairman, or officer of the prescribed Local Authority or Joint Local Authority, or district constituted under *" The Local Authority (Grazing Districts Improvement) Acts, 1930 to 1933." Repeal of 14. Section ten of the Principal Act is repealed, sn. ew 10 sa. n 1 d 0. and the following section is inserted in lieu thereof, namely:- Constitution " [ 10. ] For the purposes of this Act the prescribed oAfuLthoocrailtv Local Authority or Joint Local Authority shall be and as Boards. constitute the Board as is set forth pursuant to t" The Local Authority (Grazing Districts Improvement) Transfer of Pouxrs Act of 1933" and as from time to time hereafter constituted pursuant to *" The Local Authority (Grazing Districts Improvement) Acts, 1930 to 1933," or any amendment thereof." Repeal of 15. Sections eleven to nineteen, inclusive, of the sosf. t1h1eto 19 Principal Act are repealed. Principal Act. Amendment . 16. In section twenty of the Principal Act the of s. 20. words "The Board" firstly occurring are repealed and the following words are inserted in lieu thereof, namely :- "In addition to any powers vested and imposed in a Local Authority under the Local Authorities Acts, the Board (being a prescribed Local Authority or Joint Local Authority as the case may be)." * 21 Geo. V. No. 44, 8upra, page 12844, and this Act. t This Act.

DINGO AND MARSUPIAL DESTRUCTION. 14573 PART III.- 1933. Local A1dhority (Etc.) Transfer of Powers Act. AMENDMENTS OF THE PRINCIPAL AOT. 17. The following amendments are made in section Amendment twenty-one of the Principal Act, namely :- of s. 21. (a) In paragraph (iil.) of subsection three the word "lessees" is repealed and the word "owners" is inserted in lieu thereof; also after the word "roads" the word "reserves" is inserted. (b) In paragraph (ii.) of subsection four the words "dingoes or other vermin or whether activities in this direction should be limited to poisoning" are repealed and the words "vermin other than dingoes" are imlerted in lieu thereof. 18. Section twenty-two of the Principal Act is Amendment amended as follows, namely : - of s. 22. The words "Notwithstanding anything contained in *" The Local Authorities Act8, 1902 to 1929," or any other Act," are repealed and the words" In addition to and without limiting the powers and authorities of a Local Authority in the Local Authorities Acts or any other Act," are inserted in lieu thereof; also, after the word "Board" lastly occurring the words" (being a prescribed Local Authority or Joint Local Authority, as the case may be)" are inserted. 19. The following provision is inserted after the Amendment second paragraph of section twenty-three of the Principal of s. 23. Act, namely:- "In like manner a Board may enter into an agreement with any such owner or lessee as aforesaid in regard to the construction, use, or maintenance of any dip or other improvement approved by the Minister, and for this purpose all the provisions of this section shall, mutatis mutandi8, apply." 20. In the first paragraph of section twenty-four Amendment of the Principal Act the words " or by the Department of s. 24. of Public Lands" are repealed. In the third paragraph the words" " The District Improvement Fund" " are repealed and the words "the * 2 Edw. VII. No. 19 and amending Acts, supra, pages 1860 et seq. (See Alphabetical Table).

14574 DINGO AND MARSUPIAL DESTRUOTION. PART III.- - - - - - - - - - - - - - - - - - - - - - - - - - AM~; ~ ~ ~ NTS Local A1tthority (Etc.) Transfer of Powers Act. 24 GEa. V. No 29, PRINCIPAL ACT. funds of a separate account of the prescribed Local Authority or Joint Local Authority (being the Board concerned)" are inserted in lieu thereof. A new provision is added to the said section, namely:- " For the purposes of this section the terms " Board" or "chairman" or "member" shall mean the Board as constituted by the prescribed Local Authority or Joint Local Authority, as the case may be, pursuant to *" The Local Authority (Grazing Districts Improvement) Transfer of Powers Act of 1933," and the terms" chairman" or "member" have a corresponding meaning." Amendment 21. In subsection one of section twenty-five of the of s. 25. Principal Act the word "lessee" is repealed and the word" owner" is inserted in lieu thereof. Amendment 22. The following amendments are made in of s. 32. section thirty-two of the Principal Act, as follows:- (a) After the words "camping reserve," where they first occur in subsection one, the words" or of a stock route" are inserted. (b) In paragraph (a) of the said subsection one, after the words "and the reserve," the words "or between such land and the stock route, as the case may be," are inserted. Amendment 23. In subsection two of section thirty-three the of s. 33. words" in a district" are repealed, and the words "whether in an Improvement Board District or not" are inserted in lieu thereof. Amendment 24. Section thirty-five of the Principal Act is of s. 35. amended as follows : - (a) In subsection two, after the words "If such owner," the words" or occupier" are inserted. (b) In paragraph (b) of subsection two of the said section the word "his," where it last occurs, is repealed and the words" the Board's" are inserted in lieu thereof. * This Act.

DINGO AND :MARSUPIAL DESTRUCTION. 14573 1933. Local Authority (Etc.) Transfer of Powers Act. 25. Section thirty-six of the Principal Act amended as follows :- PART IlI.- AMENDMENTS OF THE PRINCIPAL is Ame! ~ : ent of s. 36. (a) Subsection one of the said section is repealed New . and the following subsection is inserted in lieu thereof, subsectIOn 1. namely:- "(1.) When any stock route, road, or reserve is Liability of enclosed within the boundary fence of a holding it ~:' ~;i~: to shall be the duty of the owner or occupier of the holding dest,roy to destroy all noxious weeds and vermin on the stock ~ ~ ~: fsU! nd route, road, or reserve so enclosed." vermin on enclosed roads and reserves. (b) The following subsections three, four, and five New are added to the said section, as follows :- subsectior::'1 3,4, and D. "(3.) (i.) The Board may cause. to be served upon Notice t t hweo oawnnoe t rI " CoerInocwcun ' p t il ' enrg rreefqelrur . en . dngtosuicn h souwbsneecrtioornsococnuepI . oerr rmbeeeqatuasikurirenengsftoor to forthwith take effective measures for the destruction destru~ tion of a11 noxlO' US weeds and vermI.n as referred to I.n the sal. d wofeendoxsIOanUdS subsections. vermin. (ii.) If such owner or occupier for a period of thirty Default. days after the service of such notice fails to comply with the requirements thereof- (a) He shall be liable to a penalty not exceeding one hundred pounds; And whether he has been convicted or not- (b) The Board may authorise any person, with or without assistance, to enter upon the holding and take all such measures and do all such things as to them may appear expedient for the purpose of ensuring the destruction of noxious weeds and vermin as set forth in the said subsections one and two. Any person so authorised may enter and remain upon the holding, with or without assistants, and may take any such measures and do any such things as aforesaid during such period as in the Board's opinion are necessary for such purpose. (4.) If after the expiration of such period of thirty Postpone. days t.he ~ erson so authorised is satisfied. that such: ' ~ ~ ~ ~~ owner IS domg all such acts, matters, and thmgs as are withdrawal. necessary for the destruction of noxious weeds and

11576 DINGO AND MARSUPIAL DESTRUCTION. PART III.- ~ MENDMENTS OF THE Local A1tthority (Etc.) T1'ansfer of POtl'ers Act. 24 GEO. V. No 29, PRINCIPAL ACT. vermin (as referred to in the aforesaid subsections) upon the holding, such person may from time to time postpone entering upon the holding or, in the event of his having entered, may withdraw therefrom upon the owner or occupier paying all costs, charges, and expenses incurred by such person up to the time of such withdrawal. Recovery (5.) Where any person so authorised has incurred cohf acrogsetss' and any cos t s, c h arges, or expenses I . n d es t rO · yIng noxI . OuS expens~ s. weeds and vermin (as referred to in the aforesaid subsections) upon the holding, the amount of all such costs, charges, and expenses shall be recoverable from the owner, and payment thereof may be enforced by the Board by complaint in a summary way or by action in any court of competent jurisdiction." Amendment 26. In section thirty-eight the word "sixty-two" of s. 38. is repealed and the word ., sixty-three" is inserted in lieu thereof. New s. 41A. 27. After section forty-one of the Principal Act the following section is inserted, namely : - Dingoes or foxes in captivity. "[41A.] No person shall, whether in an Improvement Board District or not, keep or have in his possession in or upon any premises whatsoever any live dingo or fox: Provided that any person who has first obtained the written permission of the Minister in that behalf may keep or have in his possession a live dingo or fox for zoological purposes on such premises for such period and under such conditions as may be specified in such permission." New SS. 42A, 42B,and 28. After section forty-two of the Principal Act, 420. the following sections are inserted, namely:- Bonus for destruction " [42A.] Subject to this Act and notwithstanding of vermin. anything in any other Act contained, any District Improvement Board (being a prescribed Local Authority or Joint Local Authority as the case may ·be) or where no Board has been constituted any Local Authority or Joint LoCal Authority, may pay such sums by way of bonus for the destruction of vermin at such rate as may from time to time be determined by such Board or Local Authority, and the rates so determined shall

DINGO AXD MARSUPIAL DESTRUCTION. 14577 PART III.- 1933. Local Authority (Etc.) Transfer of Powers Act. AMENDMENTS OF THE PRINCIPAL ACT. be published in the Gazette and in one or more news- papers circulating in the district or Local Authority Area. Every Board and every Local Authority whose Area is not wholly within a Board's district shall fix at t,he first meeting in each year the rate of bonus payable in respect of scalps of dingoes. The payment of a bonus shall be optional in the case of scalps of marsupials or in respect of any other vermin, but shall be compulsory in the case of scalps of dingoes. The rate for the scalp of a dingo, irrespective of age, shall not be less than five shillings. [42B.] (1.) Subject to this Act, no person shall be Destruction entitled to destroy dingoes or marsupials on a holding of : nimal~ , within a district or within the Area of a Local Authoritv an permlts. wholly or partly outside the boundaries of a district, as the case may be, unless he holds a subsisting permit as a scalper: Provided that- (a) Nothing herein shall be construed to prevent the owner or manager of any holding, or any employee of such owner or manager, or any person who has the authority of such owner or manager from destroying dingoes or marsupials upon such holding without such permit; (b) No permit for dingo destruction sha,ll be issued Issue of in respect of any holding which in the opinion permits. of the Minister on the recommendation of the Board (being a prescriLed Local Authority or Joint Local Authority) or the Local Authority, as the case may be, is fenced with effective dog-proof fencing. (2.) Every person who desires to become a scalpel' shall register his name and place of residence with the derk. The Board or the Local Authority, as the case may be, may thereupon issue to such person a written permit in that behalf, which shall remain in force for the current year but may be renewed from year to year.

14578 DINGO AND MARSL'PIAL DESTRUCTION. PART III.- AMENmlENTS Local Authority (Etc.) Transfer of Powers Act. 24 GEO. V. No 29, OF THE PRINCIPAL ACT. If the Board or the Local Authority, as the case may be, refuses to issue such permit the applicant may appeal from the decision to a police magistrate or any two justices sitting in petty sessions on giving to the clerk not less than twenty-one days' notice of his intention so to do. The court shall hear and determine the matter of the appeal, and its decision shall be final and shall be obeyed but shall not have any effect beyond the current year. Holdings covered by permit. (3.) The clerk shall endorse on every such permit issued by him the name or names (or other sufficient description) of the holding or holdings on which for the time being the scalper desires to carry on his occupation and, in cases referred to in paragraph (b) of the proviso to subsection one hereof, the necessary limitation of the permit. If the scalper desires to carry on his occupation on any other holding or holdings he shall make a written application to the clerk to that effect and shall lodge therewith his permit, and the clerk shall amend the endorsement upon the permit accordingly; and such amendments shall be so made upon application from time to time during the currency of the permit. A permit shall entitle the holder thereof to carry on his occupation only on the holding or holdings named or described for the time being in his permit. Entry by scalper. (4.) Save as hereinafter mentioned, every scalper shall have authority by virtue of his permit, after such notice to the owner as the Board or Local Authority, as the case may be, shall direct, but not exceeding twenty-one days, to enter upon any holding named or described for the time being in his permit with such number of horses as the Board or Local Authority, as the case may be, may deem necessary, and remain thereon as long as is necessary for the purposes of his occupation and destroy thereon dingoes and marsupials. Any person who obstructs a sC'alper from so entering or remaining upon any such holding or from destroying dingoes or marsupials thereon shall be liable to a penalty not exceeding ten pounds. Before a holder of a permit under this section shall enter upon the holding or holdings named or

DINGO AND MARSUPIAL DESTRUCTION. 14579 PART III.- 1933. Local Authority (Etc.) Transfer of Powers Act. AMENDMENTS OF THE PRIKCIPAL ACT. described for the time being in his permit such holder on demand by the owner or manager of the holding concerned shall produce his permit. (5.) Unless otherwise provided for in or pursuant S~ins of to this Act all skins of dingoes and marsupials obtained : : : ! s~ e; i: l~ ~ by a scalper under such permit shall be the property of such scalper. (6.) A scalper shall not- Offences by scalpers. (a) Without the consent of the owner or manager enter upon or carry on his occupation upon any holding which is not for the time being a holding to which his permit applies; (b) Without the consent of the owner or manager enter upon or carry on his occupation upon any paddock exempted as herein provided. For the purposes of this provision every owner or manager of a holding, upon notice in writing to the Board or Local Authority, as the case may be, describing the paddock or paddocks in question and stating the particular use to which the same are being put, shall while the same are being so used be entitled to the exemption of such paddock or paddocks not exceeding in area one-sixth of the entire holding; (c) Without the consent of the owner or manager, camp within a distance of two hundred yards from any dam, tank, bore-stream, spring, or waterhole used on any holding for the watering of stock. Any scalpel' who acts in contravention of any of the foregoing provisions shall be liable to a penalty not exceeding ten pounds. (7.) If a Board or Local Authority, as the case Suspension may be, is satisfied that a holder of a permit has failed or ll. to comply with any material provision of this Act or is ~ ~ ~ : r~ ~ ~ ~ n not bona fide exercising his rights under such permit or is guilty of any wrongdoing under such permit, it may suspend or cancel such permit subject to an appeal from the decision of the Board or Local Authority, as the case may be, to a police magistrate or any two justices sitting in petty sessions in manner provided by F

14580 DINGO AND MARSUPIAL DESTRUCTION. PART III.- . AM~ ~ DT~ ~ NTS Local Authority (Etc.) Transfer of Powers Act. 24 GEO. V. No 29, PRINCIPAL ACT. subsection two of this section; and the decision of such court shall be final and shall be obeyed but shall not have any effect beyond the current year. Board may employ (8.) The Board or Local Authority, as the case may scalpers. be, whenever it thinks it necessary so to do may employ scalpers holding permits as aforesaid and pay to them such wages and allowances as it thinks proper. All skins of dingoes and marsupials obtained by such scalpers shall be the property of the Board or Local Authority, as the case may be, and shall be dealt with as it thinks proper. Permits w [420.] Any member of the Police Force may require be produced. any scalper to produce his permit for inspection; and if such scalper, without reasonable excuse the proof of which shall be upon him, fails so to produce his permit he shall be liable to a penalty not exceeding five pounds." Amendment 29. Section forty-seven of the Principal Act is of s. 47. amended as follows : - (a) In subsection one, after the words" the Board" the words and brackets following are inserted, namely: " (being the prescribed Local Authority or Joint Local Authority. )" New . (b) The following new subsection is also added to subsectIOn 5. the said section, namely : - Partial " (5.) The owner of any holding, which by itself or ~ : oe: ption with other holdings is entirely enclosed with netting assessment. fences, whether rabbit-netting or marsupial-netting or both rabbit-netting and marsupial-netting, may before the thirtieth day of June in any year apply to the Board for a certificate that his holding is effectively protected from the encroachment of rabbits or dingoes or both rabbits and dingoes, as the case may be. The Board, if it is satisfied that the netting fence forming the enclosure constitutes an effective barrier to rabbits or dingoes or both rabbits and dingoes, as the case may be, shall issue a certificate accordingly to the owner of the holding. On the issue of such certificate the owner shall be entitled to a reduction in assessment for the year in question of not less than twelve and a-half per centum nor more than twenty-five per centum at the discretion

DINGO AND MARSUPIAL DESTRUCTION. 14581 PAR1' III.- 1933. Local A1lthority (Etc.) Transfer of Powers Act. AMENDMENTS OF THE PRINCIPAL of the Board and, notwithstanding anything in this ACT. Act contained, the amount of such assessment payable shall be reduced accordingly: Provided that no reduction in assessment shall be allowed to any owner whose holding is situated within a netting enclosure unless he satisfies the Board that he has contributed towards the erection of the netting fence forming such enclosure and to the maintenance thereof. In fixing the percentage of the reduction the Board shall have regard to the type of fence forming the enclosure and as to whether it constitutes an effective barrier to rabbits or dingoes or both rabbits and dingoes, as the case may be." 30. The following amendments are made in section Amendment forty-nine of the Principal Act, namely :_ of s. 49. In subsection one, after the words " a notification," the words "of the making and of the rate" are inserted. After subsection two the following subsection is New inserted, namely :_ subsection 3. " (3.) If an owner makes default in the payment of Default in the amount of an assessment on the due date the Board ~ := : !n~ ~ may impose by way of penalty an additional charge equal to interest on such amount at the rate of ten pounds per centum per annum for the period of default." 31. In section fifty of the Principal Act, after the Amendment words" summary way," the words "within two years of s. 50. from the date when the assessment was payable" are inserted. 32. Section fifty-two of the Principal Act is amended Amendment as follows :_ of s. 52. After" Board" the words" (being a prescribed Local Authority or Joint Local Authority)" are inserted; also the words " shall be paid into a fund" are repealed and the words" shall be paid into a separate fund of the prescribed Local Authority or Joint Local Authority concerned to be called" are inserted in lieu thereof. Paragraph (i.) is repealed and the following paragraph is inserted in lieu thereof, namely :- " (i.) Defraying the necessary expenses of the prescribed Local Authority or Joint Local Authority in the administration of this Act."

14582 DINGO AND MARSUPIAL DESTRUCTION. PART 111.- lAM~ ~ ~ ~ ~ NTS Local A1rthority (Etc.) Transfer of Powers Act. 24 GEO. V. No 29, PRINCIPAL ACT. Repeal of 88.54 to 58 and new 8.54. 33. Sections fifty-four to fifty-eight and the following section is inserted in namely:- are repealed lieu thereof, Loans. "[54.J The powers of a Local Authority to raise moneys by way of loans under the Local Authorities Acts is hereby conferred and imposed upon a prescribed Local Authority or Joint Local Authority (being a Board) for the purposes of this Act, and the provisions of the Local Authorities Acts shall, in respect of the raising of loans or for the recovery of moneys so loaned or otherwise, mutatis mutandis, apply and extend accordingly.', . Nanedw6s1s.. 60 Act a 3 r 4 e . re (1 p . e ) aSleedctiaonnds stihxetyfoalnlodwsiinxgtys- eocnteioonfsthareePirnisnecritpeadl in lieu thereof, namely :- Sale of fence "[60.J (1.) The Minister may at any time deliver to owners. possession, with or without payment and subject to such terms and conditions as may be agreed upon or determined, of any fence which under this Act has devolved upon the Crown to the owner of a holding upon which such fence is erected or any part of which is bounded by such fence. The amount to be paid to the Crown by an owner in respect of such fence shall, if necessary, be determined by the Land Court. (2.) Any agreement entered into between the Minister and the owner of a holding under the provisions of this section shall be registered in the Department of Public Lands. (3.) Notwithstanding anything to the contrary contained in this Act, for the purposes of this section the term "Minister" shall mean the Secretary for Public Lands. Fences to be [61.J (1.) As soon as may be after the passing of maintained. *" The Local Authority (Grazing Districts Improvement) Transfer of Powers Act of 1933" the Minister shall determine which of the rabbit-netting fences formerly maintained by the Rabbit Boards which were abolished under t" The Grazing Districts Improvement Act of 1930" should in the public interests continue to be main- * This Act. t 21 Geo. V. No. 44, supra, page 12844.

DINGO AND MARSUPIAL DESTRUCTION. 14583 - - - - - - - - - - - - - - - - - - - - - - - - PART III.- 1933. LOGa~ Authoritryl (Etc.) Tmnsfer of Powers Act. :AMENDMENTS OF THE PRINOIPAL AOT. tained in a rabbit-proof condition and, where such fences have been topped with marsupial netting, also in a marsupial-proof condition. The Minister's determination in the matter and a list of the holdings upon which or on the boundaries of which such fences have been erected shall be published in the Gazette. For the purposes of this section a fence shall be deemed to be on the boundary of a holding, whether or not roads or reserves intervene between the fence and the holding, if such fence forms part of the rabbit-proof or marsupial-proof or rabbit-proof and marsupial-proof fence enclosing such holding, or is otherwise of material benefit to the owner of the holding. (2.) From the date of the publication of the Minister's determination in the Gazette, and notwith- standing anything in any Act contained, it shall, save as hereinafter provided, be a condition of the lease of each of the holdings, as enumerated in the list published in the Gazette, that so much of the fence as is on the holding or on the boundary of the holding shall be maintained rabbit-proof or marsupial-proof or both rabbit-proof and marsupial-proof, as the case may be; and all the provisions of Division IV. of Part VI. of *" The Land Acts, 1910 to 1932," relating to the breach of a condition of the lease of a holding shall apply and be observed. (3.) If the owner of any holding referred to in subsection two of this section contends that the obligation laid upon him in terms of the said section is an unreasonable obligation, having regard to the productive capacity of the land comprised in his holding, he may by writing under his hand request the Minister to refer the matter to the Land Court for recommendation. The Minister shall thereupon refer to the Land Court for consideration and report the case of the holding concerned. (4.) The Land Court shall hear and consider the matter of such holding, and shall furnish a report and * 1 Geo. V. No. 15 and amending Acts, supra, pages 8775 et seq. (See Alphabetical Table).

14584 DINGO AND MARSUPIAL DESTRUCTION. PART III.- AM~; ~ ~ ~ NT8 Local Authority (Etc.) Transfer of Powers Act. 24 GEO. V. No 29, PRINCIPAL ACT. recommendations to the Minister in respect of the following matters :- (a) The value that should be fixed for the Crown's interest in the fence in question, the propor- tion of benefit (if any) which the owner derives from the fence, and the amount (if any) which the owner should pay the Crown for the fence in question in order that the ownership of such fence may be vested in him. (b) Whether the condition of maintenance imposed upon the owner under subsection two of this section is a fair and reasonable condition, having regard to the terms and conditions of the lease of the holding and to all the circumstances of the case. (c) Whether or not it is equitable that any adjustment of tenure or otherwise should be granted to the owner in consideration of the condition of maintenance of the fence being imposed upon him; and, if so, what adjustments. (a) Whether the cost of maintaining the fence, even if the tenure were adjusted, would impose an unreasonable burden upon the owner. (e) Any other matters which the Court deems fit. (5.) The Minister, after considering thc 1'eport and recommendations of the Court, shall decide :- (i.) The amount (if any) which the owner of the holding has to pay the Crown in respect of the fence in question, whereupon such amount shall become a debt due and payable to the Crown and shall be recoverable in any court of competent jurisdiction; (ii.) Whether the condition of maintenance of the fence would impose an unreasonable burden on the owner, and may, with the approval of the Governor in Council, decide that any equitable adjustment shall be made in the terms and conditions of the lease of the holding in accordance with the Land Court's recommendation in the matter.

DINGO AND MARSUPIAL DESTRUCTION. 14585 PART III.- 1933. Local Authority (Etc.) Transfer of Powers Act. AMENDMENTS OF THE PRINOIPAt ACT. (6.) In the case of any holding in respect of the fence on which the Land Court has recommended, and the Minister has approved, that no payment should be made to the Crown by the owner of the holding, the ownership or proportion thereof, as the case may be, of the Crown's interest in the fence in question shall become vested in the said owner five years after the date of the Minister's decision under subsection five hereof, provided that the owner has during such period maintained such fence in a rabbit-proof or marsupial- proof or both rabbit-proof and marsupial-proof condition, as the case may be; and the owner may on application to the Minister obtain a certificate of ownership accordingly. (7.) In any case in which, after considering the report and recommendations of the Court, the Minister decides that the condition of maintenance of the fence in question would impose an unreasonable burden on the owner, such condition shall be waived, and it shall be the duty of the District Improvement Board to maintain such fence; and for this purpose the Board, if it deems fit, may enter into any arrangement with the owner, by way of granting a subsidy or otherwise to him for the maintenance of the fence. (8.) For the purposes of this section the Land Court (and in case of any appeal the Land Appeal Court) shall have and may exercise the same powers, jurisdiction, and authorities as are in like cases conferred upon the Land Court or the Land Appeal Court, as the case may be, by and pursuant to the provisions of *" The Land Acts, 1910 to 1932." (9.) Notwithstanding anything to the contrary contained in this Act, for the purposes of this section the term "Minister" shall mean the Secretary for Public Lands." (2.) Section thirty-four of this Act shall take effect from the passing of this Act. 35. Section sixty-two of the Principal Act is Repeal of repealed. B. 62. '" 1 Geo. V. No. 15 and amending Acts, supra, pages 8775 et 8eq. (See Alphabetical Table.)

14586 DINGO A~ D ~ IARSUPIAL DESTRUCTION. PART III.- AMENDMENTS Local Atlthority (Etc.) Transfer of Powers Act. 24 GEO. V. No 29 OF THE ' PRINCIPAL ACT. Repeal of 36. Section seventy of the Principal Act is repealed s. 70 and and the following section is inserted in lieu thereof, new s. 70. namely:- Evidence of "[70.] A printed list (including any supplementary p st u o b c l k is l h i e st d s. list) compiled by the Registrar-General from returns of stock (which returns are required to be made and furnished to him under *" The Stock Ret1(rn8 Act of 1893"), and published by the Registrar-General, by whatever means published, shall for the purposes of this Act and for the purposes of all judicial proceedings thereunder be prima facie evidence of the facts therein recorded, and such printed list so compiled and published shall be receivable by the Court as evidence -tn such proceedings accordingly. For the purposes of this section, the term " Court" shall include the Supreme Court, or the Land Court, or the Magistrates Court, or any court of summary jurisdiction." New s. 72A. 37. After section seventy-two of the Principal Act the following section is inserted, namely : - Board " [72A.] Notwithstanding anything in this Act or in ~ : o~1~ :~ ~~ ty a:ny ot~ er Act contained, no action or other remedy s~ all for injuries he agamst nor shall any sum by way of compensatIOn, ~ ~ i~ ~ C: : d by damage~ , or otherwise be .payable ?y any Board .(b~ing destru~ tion a preSCrIbed Local Authonty or Jomt Local Authonty) ~ ~ a~ ~ : lOUS for any loss or injury sustained by any owner or person in possession of any live stock poisoned by eating, on any road or land under the control of the Board, any plant, grass, or herbage which has been poisoned by the Hoard or its servants or agents in the destruction or endeavour to destroy any noxious weed or plant, if the Board has given notice twice in some newspaper and caused public notice of the use of poison to be affixed in a conspicuous manner in all places where the work is being carried out, and has served such notice on each resident occupier of any land abutting on or having a frontage to all places where the work is being carried out." Amendment 38. (1.) The following subsection is inserted after of s. 73. subsection three of section seventy-three of the Principal Act as follows :- General powers. "(3A.) In addition to and without in any way limiting the powers of the Governor in Council, the * 57 Vie. No. 10, supra, page 3277.

DINGO' AND MARSUPIAL DESTRUCTION. 14587 PART III.- 1933. Local AuthoritrY' (Etc.) Tmnsfer of Powers Act. AMENDMENTS OF THE PRINCIPAL ACT. Governor in Council is hereby empowered from time to time by Order in Council to issue such orders and give such directions and prescribe such rules as will in his judgment be calculated to give full effect t·o the objects, purposes, and provisions of *" The Local Authority (Grazing Districts Improvement) Acts, 1930 to 1933," and where there is no provision or no sufficient provision in respect to any matter or thing, and it is deemed necessary or expedient to give effect thereto, providing for and supplying such omission or insufficiency. The Governor in Council may by another Order in Council amend or rescind any such Order in Council. No misnomer or inaccurate description or omission in or from any such Order in Council shall in any wise prevent or abridge the operation of this Act and the Order in Council with respect to the subject-matter, provided the same is designated so as to be understood." (2.) The provisions of section thirty-eight of this Act shall have effect on the passing of t" The Local Authority (Grazing Districts Improvement) Transfer of Powers Act of 1933," and to the intent that section seventy-three of the Principal Act as amended by the said section thirty-eight shall apply and extend to all matters and things referred to in Part H. of t" The Local Authority (Grazing Districts Improvement) Transfer of Powers Act of 1933" and the Principal Act. 39. The Schedule to the Principal Act is repealed. Repeal of Schedule. 40. Section three hundred and sixty-six of the Amendment Local Authorities Acts is amended by the insertion of s. 366 of therein of a new paragraph (ViA), as follows, namely :-- ~ ~ ~ ~ ~ rities "(ViA.) The exercise of the powers, authorities, Acts. duties, and obligations conferred and imposed pursuant to *" The Local Authority (Grazing Districts Improvement) Acts, 1930 to 1933," and the proper administration thereof." * 21 Geo. V. No. 44, supra, page 12844, and this Act. t This Act.