Local Government (Noxious Plants) Amendment Act 1937 (NSW)

LOCAL GOVERNMENT (NOXIOUS PLANTS) AMENDMENT ACT.

Act No. 38, 1937.

An Act to make further provision with respect to the eradication of noxious plants and the suppression and destruction of noxious animals; to authorise the leasing upon terms and conditions providing for the eradication of noxious plants of certain lands allotted, reserved, or dedicated by the Crown for the purpose of a common or for any other public purpose; to amend the Local Government Act, 1919, and certain other Acts; and for purposes con­ nected therewith. [Assented to, 23rd December, 1937.]

BE it enacted by the K ing ' s Mos t Excel lent Majes ty , b y and wi th t h e advice and consent of t he Legis­

lat ive Council and Legis la t ive Assembly of N e w Sou th

P r inc ipa l Act.

W a l e s in P a r l i a m e n t assembled, and by t h e au tho r i t y of

t h e same, as follows :—

1 . (1) This Act may be cited as the " L o c a l Govern­ ment (Noxious P l an t s ) Amendment Act, 1937."

(2) This Act shall commence on a day to be ap­ pointed by the Governor and notified by proclamat ion published in the Gazette.

(3) The Local Government Act, 1919, as amended
by subsequent Acts , is in this Act refer red to as the

2. The Pr inc ipa l Act is amended by omit t ing P a r t

X X I I and by inser t ing in lieu thereof the following new

P a r t s : —

T A R T X X I I .

Noxious PLANTS.

DIVISION 1.—Interpretation.

466. (1) I n this P a r t , unless the context or subject- m a t t e r otherwise indicates or requires ,—

" E r a d i c a t e " includes do or cause to be done such acts or things as may be prescr ibed generally, or for and with respect to any locality, premises or person, as the case may be, with a view to freeing land from noxious p lan ts or p reven t ing the growth or spread thereof from or on such l and ; and " e r a d i ­ c a t i o n " and like expressions have a corres­ ponding meaning.

" L a n d under the control of the counc i l " means land vested in or leased by a council, or within any public place, or within any pub­ lic reserve unde r the care, control and man­ agement of a council or vested in a council as t rus tee or of which a council has been

appointed the t rus tee .

" O c c u p i e r " in relat ion to land includes—

(a) any person holding any lease,

agreement for or promise of a lease

of land, or a license or pe rmi t to

occupy l a n d ;

(b)	any person in actual possession or occupation of land or enti t led there- t o ;
(c)	the occupier or caretaker of any
public wa te r ing p lace ;
(d)	the authorised agent of an occu­
p i e r ; and
(e)	the resident manager or other per­ son in charge of land upon which the occupier does not res ide ;

but does not include a council.

" O w n e r "

" O w n e r " in relat ion to land includes, in addi­ tion to the persons specified in the definition of " o w n e r " in section four of this Act,—

(a)	the trustees in whom is vested any land reserved temporar i ly or per­ manent ly , or permanent ly dedi­
cated for any public p u r p o s e ;
(b)	the person in whom is vested any
land taken or appropr i a t ed under

author i ty of any s ta tu te author is ­ ing land to be taken or appropr i a t ed for the purpose of any p r iva te

unde r t ak ing ; and

(c) the author ised agent of an owner ;

but docs not include a council.

" P a s t u r e s protect ion b o a r d " means a pas tu res

protect ion board const i tuted by or under the

P a s t u r e s Protec t ion Act, 1934.

" P r i v a t e l a n d " means land al ienated by the

Crown, or land which the holder is in course of purchas ing or has the r ight to purchase from the Crown, or land held under lease or license or permi t from the Crown for any period, or reserved or dedicated for any public purpose and vested in t rus tees (other t han the council) or in respect of which t rus tees (other than the council) have been

and occupied or held by the Crown or by

appointed, and includes land which is owned

any s ta tu to ry body for any of the following purposes , tha t is to say, sites for Govern­ ment buildings, police paddocks, experi­ menta l fa rms, abor ig ines ' reserves, and rail­ ways and purposes incidental thereto , or which is owned and occupied or held by the R u r a l Bank of New South Wales , but does not include land under the control of the council except land held under lease from a council.

" P u b l i c

" P u b l i c l a n d " means any land other t han

p r iva te land, but does not include land under the control of the council or land under the control of a pas tu res protect ion board.

" W i t h i n l a n d " and any like expression means

on or below the land.

" W e s t e r n L a n d s Commiss ione r " means the

W e s t e r n L a n d s Commissioner for the t ime

being- holding office under the W e s t e r n Lands Act of 1901, as amended by subse­

quent Acts .

(2) W h e r e the provis ions of this Act a re inconsistent wi th the provis ions of any Act (except the Careless Use of F i r e Act, 1912, as amended by subsequent Acts) or of any regulat ion or other p ro ­ vision made thereunder with r e g a r d to any m a t t e r to which this P a r t applies , the provis ions of th is

P a r t shall prevai l .

(3) This P a r t shall be read and construed subject to the Commonwealth of Aus t ra l i a Consti tu­ tion Act, and so as not to exceed the legislative power of the S ta te to the in tent tha t where any p ro ­ vision of this P a r t , or the applicat ion thereof to any person or circumstance is held invalid, the r emainder of this P a r t , and the appl icat ion of such provis ion to other persons or circumstances shall not be affected.

(4) This P a r t shall not app ly to or in respect
of the p lan t known by the botanical name of Opunt ia

or to or in respect of any var ie t ies of the cactus t r ibe,

which, before the commencement of the Local
Government (Noxious P l a n t s ) Amendment Act,

1937, have been declared by the Governor to be pr ickly-pear for the purposes of the Pr ick ly-pear Acts , 1924-1934, or of any Act repealed by tha t Act, or which af ter such commencement shall be so declared to be pr ickly-pear for the purposes of the Pr ickly-pear Acts , 1924-1934.

DIVISION 2.—Declaration of noxious plants.

467. (1) The Governor may, on the recommenda­
tion of the Minis ter and the Minis ter of Agr i ­

cul ture jointly, by proc lamat ion declare any p lan t

to

to be a noxious plant th roughout the whole or any specified por t ion of the Sta te , and upon the pub­ lication of any such proclamat ion the plant in respect of which the declarat ion is made shall, for the pur ­ poses of this P a r t , be a noxious plant th roughout the whole or the specified por t ion of the Sta te , as the case may be.

(2) Any such declarat ion m a y be made so as to apply to the p lant only in pa r t i cu la r circum­ stances , or so as not to app ly to the p lant in par ­ t icu lar circumstances, such circumstances being specified in the proclamation, and if so made shall have effect according to the tenor thereof.

(3) The Minis ter shall cause a copy of any proclamat ion published under this section to be served by post on every council, on every pas tu res protect ion board, and on the Wes te rn Lands Com­ missioner .

DIVISION 3.—Land under the control of the council.
468. (1) E v e r y council shall keep and mainta in
ent i re ly free from noxious p lants any land under
the control of the council which a t the commence­

ment of the Local Government (Noxious P lan t s )

Amendment Act, 1937, is free from noxious plants .

(2) E v e r y council shall, within the time specified in a notice in tha t behalf served on it by the Minis ter on the recommendat ion of the Minister of Agr icul ture , or within such fur ther time as the

cate noxious p lants from any land under the control	Minis ter on a like recommendat ion may allow, eradi­
of the council which is not free from noxious p lants and keep such land free from noxious p lants .
(3) Notwi ths tanding anyth ing in subsection two of this section the council of any shire may resolve and may notify by adver t i sement tha t the du ty which is laid by th is P a r t upon any owner or occupier to eradicate noxious p lan ts from pr iva te lands shall extend and apply not only to p r iva te lands owned or occupied as such, but also to—

(a) any road which intersects such l ands ;

(b)

(b)	any road which bounds such lands and is fenced on one side only, in which case the du ty shall extend and apply to the person whose unfenced lands a re bounded by the r o a d ;
(c)	that one-half of the width of any road bounding such lands which abuts upon those l a n d s ;

and thereupon such duty shall extend and app ly
accordingly.

This subsection shall not app ly to public roads which a r e fenced on both sides.

469. The council may defray any expense incurred by it in connection with the eradicat ion of noxious p lants out of the genera l fund of the council.

DIVISION 4.—Land under the control of a pastures

protection board.

470. (1) E v e r y p a s t u r e s protect ion board shall

keep and main ta in ent i rely free from noxious p l an t s any land included in a t ravel l ing stock reserve , camping reserve, or public wa te r ing place under i ts control, which land is , a t the commencement of the Local Government (Noxious P lan t s ) Amendment Act, 1937, free from noxious p lants .

(2) E v e r y pas tu res protect ion board shall

within the t ime specified in a notice in t ha t behalf

served on it by the Minis ter of Agr icu l tu re , or wi thin such fu r ther t ime as such Minis ter may allow, eradi­	cate noxious p lan ts from any land included in a
t ravel l ing stock reserve, camping reserve or public wa te r ing place under i ts control, which land is no t
free f rom noxious p lan ts .
(3) If any pas tu re s protect ion board fails to comply with a notice under subsection two of th i s section the Minis ter of Agr icu l ture may cause to be done such works as may be necessary to e radica te noxious p lan t s , and may recover from the boa rd as a debt the cost of such works.

The

The fact tha t any such works were car r ied out a n d the amount of such costs may be evidenced by a certificate under the hand of the Minis ter of Agri ­ cul ture .

(4) If any pas tu res protect ion board fails to comply with a notice given under this section it shall be liable to a penal ty not exceeding twenty pounds for a first offence and not exceeding fifty pounds for a n y subsequent offence:

P rov ided tha t a pas tu res protect ion boa rd shall

not be so liable if, dur ing the per iod of twelve months next preceding the da te upon which the notice was given the pas tu re s protect ion boa rd had incurred liability for an expendi ture of not less than two hundred and fifty pounds in the eradicat ion of noxious plants,

(5) F o r the purpose of defraying the ex­ penses incurred by it in connection with the eradica­ t ion of noxious p lants , a pas tu res protect ion board may make and levy in any year a special r a t e on each owner or occupier of ra tab le land within the dis t r ic t of such board in respect of the large stock or sheep for which he is liable to pay ra tes under P a r t I I I of

the P a s t u r e s Protec t ion Act, 1934,

Such special ra te shall not exceed one penny per head in the case of large stock and one-eighth of a j e n n y pe r head in the case of sheep.

The provis ions of the P a s t u r e s Pro tec t ion Act,

1934 (other than subsections two and three of section twenty-seven of tha t Act) shall apply to the making

calculation, notification, collection, payment and	recovery of such special ra te .
(6) Where land is wi thdrawn from any t ravel l ing stock reserve or camping reserve under the control of a pas tu res protect ion board, the Minister may , if the Minister of Agr icul ture so recommends, out of funds provided by Pa r l i amen t pay to the pas tu re s protect ion board an amount not exceeding the sum actually expended by the pas tu res protect ion board , in the eradicat ion of noxious p lants from the
land wi thdrawn.

DIVISION

DIVISION 5.—Public lands.

471. (1) A council may eradicate noxious p l a n t s from any public lands within i ts a rea .

(2) (a) The Minis ter may, upon the recom­ mendat ion of the Minis ter of Agr icu l ture , a r r a n g e with a council to eradicate noxious p lan ts from public lands within i ts a rea .

(b) The expenses incur red by the coun­ cil, act ing in accordance with such a r rangement , shall be defrayed by the Minister from moneys provided by Pa r l i amen t .

DIVISION 6.—Private lands.

472. (1) Wi th in one month af ter service upon the council of a copy of any proclamat ion publ ished under section four hundred and sixty-seven of th is Act the council shall, if the proclamat ion re la tes to land within i ts a rea , give the prescr ibed notice thereof in a newspaper .

If the proc lamat ion re la tes to land within the a reas of more than one council, any two or more of such councils may unite to give such notice.

If the proclamat ion relates to land which is wholly or pa r t ly in the Wes t e rn Division and which is no t within the boundar ies of a municipali ty, the W e s t e r n Lands Commissioner shall, within one month af te r service upon him of a copy of the proclamat ion, give the prescr ibed notice thereof in a newspaper .

(2) W h e r e the prescr ibed notice has been

given in pursuance of subsection one of th i s

section—

(a)	every occupier of private land which is free from noxious p lan ts shall keep and main­ ta in the same ent i rely free from noxious p l a n t s ;
(b)	every occupier of private land which is not ent irely free from noxious p lants shall take reasonable and effective measures to e radi ­ cate noxious p lants from the said land.

(3)

(3) E v e r y occupier who fails, without reason­ able excuse, to comply with the requirements of sub­ section two of this section shall be liable to a penal ty not exceeding twenty pounds for the first offence and not exceeding fifty pounds for any subsequent offence.

473. (1) The council may a r r a n g e with the owner or occupier to eradicate any noxious p lant from pr iva te land a t the expense of the council.

(2) "Where it is found by the council tha t noxious p lants are growing upon any pr iva te land and the council is satisfied tha t the occupier of such land is not taking reasonable and effective measures to eradicate noxious p lants from such land it may give notice to the owner or occupier to eradicate noxious p lan ts from such land.

(3) The notice shall be in or to the effect of the form prescribed, and may specify different per iods of t ime within which noxious p lan ts shall be eradicated to the satisfaction of the council from par t i cu la r p a r t s of the land described in the notice or indicated in a sketch accompanying the notice, and may also specify which of the prescr ibed means , measures , methods or acts for or with respect to the eradicat ion of noxious p lants shall be taken, adopted or done by such O w n e r or occupier or, if no such means , measures , methods or acts have been p re ­ scribed, may require the owner o r occupier to take , adopt or do such means , measures , methods or ac t s for or with respect to the eradicat ion of noxious p lan ts as in the opinion of the council a re necessary

in the circumstances.

(4) A n owner or occupier upon whom such notice is served and every successor in t i t le of such owner or occupier shall comply with the requ i rements of the notice.

(5) If any owner or occupier fails to comply in any par t i cu la r with the requi rements of a notice given to him under this section he shall be liable t o a penal ty not exceeding twenty pounds for the first offence and not exceeding fifty pounds for any subse­ quent offence.

474. ( 1 ) I f the council is satisfied tha t an owner or an occupier to whom a notice has been given under section four hundred and seventy-three of this Act, or any successor in title of such owner or occupier is not reasonably and effectively complying with the re­ quirements of the notice the council may, af ter notice in tha t behalf given as prescribed, enter upon the land, and may take, adopt or do or cause to be taken, adopted or done the prescr ibed means , measures , methods or acts for or with respect to the eradica­ t ion of noxious p lants , or if no such means , measures , methods or acts have been prescr ibed, may take, adopt or do or cause to be taken, adopted or done such means , measures , methods or acts for or with respect to the eradicat ion of noxious p lants as seem r ight and p rope r in the circumstances.

(2) Any costs and expenses reasonably in­ cu r r ed by the council in the exercise of i ts powers under subsection one of this section shall on demand be repaid to the council by the person to whom the notice re fer red to in subsection one of this section was given, and may be recovered from such person by the council as a debt.

(3) The provis ions of this Act with respect

t o —

(a)	the charge of a rate under this Act on the land in respect of which i t is levied; and
(b)	the time within which proceedings for the recovery of the r a t e may be taken,

shall, muta t i s mutand is , apply to and in respect of
any judgment recovered under this section agains t

the owner by the council and recorded in the books
thereof, as if the amount of the judgment and of
any costs awarded to the council in respect of i ts claim wore a ra te levied under this Act in respect of the land concerned.

475. Notwi ths tanding any th ing in this P a r t , if

p r iva te lands adjoin public lands within which there are noxious p lan ts the owner or occupier of such p r iva te lands shall not be requi red to eradicate

noxious

noxious p lants from so much of such p r iva te lands as a rc within a distance of for ty chains from the common boundary of such p r iva te lands and such public lands unt i l he is notified by the council t ha t the necessary works have been commenced to eradi­ cate noxious p lants from the public lands.

475A. (1) "Where p r iva te lands- are s i tua ted on

opposite sides of any watercourse , r iver , or inland

water , t idal or non-tidal, and a re owned or occupied

by the same person, the land between those lands shall for the purposes of this P a r t be deemed to be owned or occupied by him.

(2) W h e r e p r iva te lands a re s i tuated on

opposi te sides of any watercourse , r iver , or inland water , t idal or non-tidal, and a re owned or occupied by different persons—

(a)	where what is known as a "give-and-take"' fence is erected to define a convenient boun­ dary between such lands such fence shall for the purposes of this P a r t be deemed to m a r k the line of ownership or occupation respec­ tively, whether such lands immediately adjoin or no t ; and
(b)	where there is no fence, or where there is any fence other than a " g i v e - a n d - t a k e ' 7 fence, erected on or between such lands, the middle line of the watercourse , r iver , or inland wa te r shall for the purposes of th is
P a r t be deemed to mark the line of owner­ ship or occupation respectively whether
such lands immediately adjoin or not. (3) W h e r e the depth or width of such

watercourse , r iver , or inland wa te r ( taken in con­ junction with all the su r round ing circumstances) is such tha t in the council 's opinion the applicat ion of subsections one and two of this section would be unreasonable , the council may exempt any water ­ course, r iver , or inland water or p a r t thereof from the applicat ion of those subsections, and may under­ take the eradicat ion of noxious p lan ts therein.

475B.

475B. (1) A council may enter into an agreement with any owner or occupier of p r iva te land for the supply of mater ia ls , poison, appliances or services for or in connection with the eradicat ion of noxious p lan ts on his land subject to such conditions as may be prescribed, and ei ther free of cost or on such t e rms as may be prescribed, or, if no t e rms a re prescribed, as may be agreed upon.

(2) The Council may extend or v a r y any agreement made under this section subject to such l imitat ions as may be prescribed.

475c. (1) Where noxious p lants a r e growing

within land which is a common, or which has been reserved ( temporar i ly or otherwise) or dedicated by

the Crown for a public p u r p o s e ; and—

(a) a notice has been given by the council within whose a rea such land is s i tuated to the t rus tees of such land requi r ing them to eradicate noxious p lants , and—

(4) the noxious p lan ts have not been eradicated within a per iod of th ree months after the da te upon which such notice was given or wi thin such fur ther per iod as the council may al low; or

(ii)   within a period of three months af ter the da te upon which the notice was given the t rus tees in­

form the council tha t they a re

unable to eradicate noxious p l a n t s ;
or

(b) there a re no t rus tees of such l a n d ;

the Minis ter for Lands , in this section re fe r red to as " t h e M i n i s t e r , " may, a t the reques t of the council a n d on the recommendat ion of the local land board, lease such land by auction or tender , or upon appli­ cation made as prescr ibed by regula t ions made under the Crown Lands Consolidation Act, 1913, for any t e rm not exceeding fifty years , in such areas , a t such rent , nominal or otherwise, as he may determine.

(2 )

(2) Any rent received in respect of any such lease shall be paid into the Consolidated Revenue Fund.

(3) During the currency of any such lease—

(a)	the land comprised in the lease shall be free from all trusts and all rights of common;
(b)	any reservation or dedication affecting the land comprised in the lease shall be deemed to be suspended.

(4) A notification shall be published in the Gazette and in a local newspaper giving particulars of the area available for lease, the rent, and the conditions which apply to the lease.

Any notification under this section may be corrected, amended, modified, or revoked by notice in the Gazette.

(5) A lease granted under this section shall contain such conditions and provisions relating to the eradication of noxious plants, and to keeping the land free therefrom, as may be recommended by the Minister of Agriculture and approved by the Minis­ ter, and such other conditions and provisions as may be prescribed.

(6) It shall be a condition of every such lease that the Minister may, by notification published in the Gazette, without paying any compensation other than for improvements effected in compliance with the conditions and provisions of the lease or

effected with the approval of the Minister, withdraw	from the lease any land required for any public pur­
pose. Upon such withdrawal the rent for the suc­ ceeding years of the lease shall be reduced in proportion to the value of the area withdrawn.
(7) A lease granted under this section shall not be transferred or assigned or sub-let (except by way of mortgage or discharge of mortgage) without the consent of the Minister. Application for such consent shall be made in the manner prescribed by regulations made under the Crown Lands Consoli­ dation Act, 1913.

(8)

(8) A transfer of a lease granted under this section shall be made in the form and manner pre­ scribed by regulations made under the Crown Lands Consolidation Act, 1913; and registration thereof shall be subject to payment of such fee as is pre­ scribed by regulations made under the Crown Lands Consolidation Act, 1913.

(9) The boundaries of a lease granted under this section shall be defined where necessary by metes and bounds. A survey fee in accordance with the scale prescribed by regulations made under the Crown Lands Consolidation Act, 1913, shall be paid by the lessee, and may be paid in instalments extend­ ing over a period determined by the Minister and with interest at the rate of four per centum per annum.

(10) The Minister may extend the term of a lease granted under this section, either as to the whole or part of the lease, on such conditions as may be determined by him, but so that in no case shall the period of any such extension, when added to the term of the lease, and the period of all earlier extensions exceed fifty years.

(11) The Minister may accept a surrender of any lease granted under this section as to the whole or any part of the land leased.

(12) The Minister, by notice in the Gazette,
may forfeit any lease granted under this section if

the conditions and provisions of such lease are not

complied with by the lessee, and all improvements	thereon shall become the property of the Crown.
(13) Any such forfeiture shall take effect on the publication in the Gazette of the notice, and thereafter the land comprised in the lease shall again become subject to any trusts or rights of common affecting the same and the suspension of the reser­ vation or dedication of such land shall cease.
(14) The Minister may by notice published in the Gazette reverse any such forfeiture upon such conditions as he may deem desirable. Such reversal

shall

shall relate back to the date when the forfeiture was notified, and the forfeiture so reversed shall for all purposes be deemed never to have been notified.

475D. The description of any land in a notice under this Division of this Par t need not particularly define the land, but shall be sufficient if it allows no reasonable doubt as to the land to which the notice refers.

475E. (1) This Division of this Par t shall mutatis mutandis extend to private land in the Western Division which is not within the boundaries of a municipality.

(2) In the application of this Division to any such lands or to the owners or occupiers thereof a reference to a council shall be read as a reference to the Western Lands Commissioner.

DIVISION 7.—Financial.

475r. (1) The Minister may, on the recommenda­ tion of the Minister of Agriculture, make advances from moneys provided by Parliament to assist coun­ cils, pastures protection boards, or trustees of land reserved or dedicated for any public purpose in carrying out their obligations under this Part .

(2) In any case where the Minister so

requires—

(a) security shall be given to ensure that the amount of any such advance is expended for the purposes and within the time specified by the Minister;

(b) an agreement shall be entered into con­ ditioned to secure the repayment of the advance by yearly or half-yearly instal­ ments, together with interest at such rate as the Minister may determine.

(.1) If any such instalment be not paid on the due date there shall be added thereto a sum equal to ten per centum thereof; and such instalment, together with such additional sum, may be recovered by the Minister.

The Minister may, on cause shown, remit part or the whole of any such additional sum.

DIVISION

DIVISION 8.—General.

475G. (1) (a) In this section "Minis ter" means the Minister of Agriculture.

(b) The Minister may cause an inspec­ tion to be made of any land by a person authorised by him for the purpose.

(c) The person so authorised shall, after making an inspection, report thereon to the Minister.

(d) Any person who obstructs a per­
son so authorised in the execution of his duty shall
be liable to a penalty not exceeding fifty pounds.
(2) The Minister may, if satisfied that a
council has failed, or is failing adequately to carry
out or enforce within its area the provisions of this
Par t as to the eradication of noxious plants, give
notice as prescribed to the council requiring it to do
any of the things which might lawfully be done by the
council under this Part , and strictly to carry out
or enforce the said provisions, and may in such
notice specify the time within which and the manner

in which the requirements of the notice shall be

complied with.

Any such notice may be given to two or more councils in terms requiring them to act together and specifying the proportion in which the expenses shall be borne by each such council.

(3) If any council fails to comply with such

enforce within the area of the council the provisions	notice, the Minister may himself carry out and
of this Par t as to the eradication of noxious plants, and for such purpose and to the extent necessary therefor shall have and may exercise and enjoy within the area of the council the powers, functions, authorities, discretions and immunities conferred by or under this Act upon the council, except the power to borrow or to make a rate, and may recover from the council as a debt the cost of so doing.
(4) Any council failing to comply with a notice given under subsection two of this section

shall

shall be liable to a penalty not exceeding twenty pounds for a first offence, and not exceeding fifty pounds for any subsequent offence:

Provided that a council shall not be so liable if, during the period of twelve months next preceding the date upon which the notice was given, the council had incurred liability for an expenditure of not less than two hundred and fifty pounds in the eradication of noxious plants.

(5) If the Minister in the exercise of the powers conferred by subsection three of this section incurs expense in connection with the eradication of noxious plants on private land, he may recover the amount of the expense as a debt from the owner or occupier instead of from the council.

In any case where the Minister has recovered any amount as aforesaid from the council, the council may recover from the owner or occupier as a debt the amount so paid by the council to the Minister in like manner as if such amount had been costs and expenses incurred by the council under section four hundred and seventy-four of this Act, and the pro­ visions of that section shall apply accordingly.

475H. NO action, claim or demand whatsoever shall lie or be made or allowed by or in favour of any person whomsoever against His Majesty or any Minister of the Crown or any council or pastures protection board, or the Western Lands Commis­ sioner, or any person acting in the execution of this injury sustained or alleged to be sustained— Act for or in respect of any damage or loss or	(a)	by any person whose property has been damaged by fire in consequence of the tak­ ing adoption or doing of any of the pre­ scribed means, measures, methods or acts for or with respect to the eradication of noxious plants, if reasonable precautions against fire have been taken;
(b)	by any owner or person in possession of live stock poisoned by eating or licking or drinking as the case may be any plant, or

grass,

grass, or herbage, or water, or thing which has been poisoned in consequence of the taking, adoption or doing of any of the pre­ scribed means, measures, methods or acts for or with respect to the eradication of noxious plants if—

(i)   in any case where the means, mea­ sures, methods or acts are being taken, adopted or done on any land under the control of a council or of a pastures protection board or on any land abutting on or having a frontage thereto, notice of the pro­ posed use of any poisonous matter or thing has been given in a news­ paper and a copy of such notice has been affixed in a conspicuous manner in all places on such land where the work is being carried out and has been served on each resident occupier of land abutting on or having a front­ age to such places; and

(ii)   in any case where the means, mea­ sures, methods or acts are being taken, adopted or done on any other land a like notice has, at least twenty-four hours before the work has been commenced, been served on each resident occupier of land abut­ ting on or having a frontage to such

land.

Such notice shall be given by the Minister or the council, or the pastures protection board, or the "Western Lands Commissioner, or the owner or occu­ pier as the case may be who is carrying out the work.

475i. Any person who scatters or causes to be scattered any noxious plant or the seed or any part of any noxious plant upon any land, or who throws or places or causes to be thrown or placed any such noxious plant or seed or part into any ocean, harbour, estuary, lake, lagcon, river, stream, creek, or water­ course whether containing water or not, or who cuts

and

and leaves any such noxious plant or seed or part in such a position on the foreshores of any ocean, harbour, estuary, lake or lagoon, or the banks of any river, stream, creek, or watercourse, that by rea­ son of floods or otherwise it is liable to be swept ox floated into such ocean, harbour, estuary, lake, lagoon, river, stream, creek or watercourse, shall be liable to a penalty not exceeding fifty pounds.

DIVISION 9.—Ordinances.

475j. (1) Ordinances may be made prescribing nil matters which by this Par t are required or per­ mitted to be prescribed or which are necessary or convenient to be prescribed for carrying this Par t into effect and, in particular without prejudice to the generality of the foregoing power, may be made for and with respect to—

(a) (i) the means, measures or methods, whether mechanical, biological, chemi­ cal or otherwise to be taken or adopted and the acts to be done for or with respect to the eradication of noxious plants;

(ii)  the dissemination of information and the giving of directions relating to the purposes and the use of such means, measures and methods and the doing of such acts;

(iii) the time at which or the period when or within which such means, measures taken or adopted or such acts done; and and methods or directions shall be

(iv)  the enforcement of the taking or adop­ tion of such means, measures and methods or directions or the doing of such acts;

(b) the use of appliances or materials, or the manner of mixing materials;

(e) the disposal and burning of noxious plants;

(d)	the disposal or sale of hay, chaff, fodder or grain made or produced from any crop grown on land within which there are
noxious plants; (e)
(e)	the branding or labelling of packages con­

taining hay, chaff, fodder or grain made or produced from any crop grown on land with­ in which there are noxious plants;

(f) the agistment of stock on land within

which there are noxious plants;

(g) the movement of stock from land within

which there are noxious plants;

(h) the keeping of stock on land within which

there are noxious plants;

(i)   the fencing of land within which there are

noxious plants;

(j) the use of land within which there are

noxious plants;

(k) the time or period of keeping stock on land

within which there are noxious plants;

(1) the time, period or method of cultivating

land within which there are noxious plants;

(m) the use, storage, or carriage in any area

of any vehicle (including an aeroplane), machine or thing which harbours or is likely to harbour the seeds of any noxious plant;

(n) the inspection of stock, hay, chaff, fodder

or grain and the granting of certificates as to the freedom thereof from the seeds of noxious plants;

(o) the inspection of any thing with a view to	eradicating or preventing or lessening the
risk of the growth of noxious plants;
(p)	the branding of stock moved from or
through land within which there are noxious plants. (2) (a) An ordinance relating to any of the

matters referred to in this Par t shall, before being made, be submitted to the Minister of Agriculture, and the ordinance shall not be made unless the Minister of Agriculture approves.

(b)

(b) The Minister of Agriculture may make recommendations to the Minister as to any alterations or additions to any ordinance which may be considered to be desirable.

PART X X I I A .

NOXIOUS ANIMALS.

475K. This Par t shall not apply to animals which

are for the time being noxious animals within the
meaning of the Pastures Protection Act, 1934.

475L. The council may, by notification in the Gazette, declare any animal to be a noxious animal within the area or any part thereof, and may in like manner revoke any such declaration.

475M. ( 1 ) Subject to this section, every occupier of land in any area or part thereof in which an animal has been declared to be a noxious animal shall forth­ with continuously suppress and destroy by any law­ ful method and in accordance with any requirement of the council any such noxious animal which is within such land or upon any road bounding or inter­ secting the same or any part thereof.

(2) Any such requirement of the council
shall be stated in a notice published in a newspaper.
(3) The council shall continuously suppress
and destroy any such noxious animal upon any

public road which is fenced on both sides, except a

public road leased under section 276A of this Act.

475N. In this Par t "occupier" means a person (including the Rural Bank of New South Wales) for

the time being entitled to the possession of any land,	and where the person so entitled does not reside
on the land includes his resident manager or other person in charge of the land.

3. The Principal Act is further amended by omitting from section three the words and figures " P a r t X X I I . — Noxious Plants and Animals—ss. 4 6 6 - 4 7 5 " and by in­ serting in lieu thereof the words and figures—

PART XXIT.—Noxious PLANTS—SS. 466-

4 7 5 J .

PART XXIIA.—Noxious ANIMALS—ss.

475K-475N. 4 .

4. (1) Any action or proceeding, and any cause of action or proceeding, pending or existing, immediately before the commencement of this Act, in relation to any of the matters referred to in Par t X X I I of the Principal Act, by or against the council, may be continued by or against the council.

( 2 ) Any ordinance made under the Principal Act in relation to any of the matters referred to in Par t X X I I of the Principal Act and in force immediately before the commencement of this Act shall, unless inconsistent with Par t X X I I or Par t X X I I A of the Principal Act as amended by this Act, continue in force, but may be amended or repealed by an ordinance made under the Principal Act as so amended.

( 3 ) Any proclamation, notification, or notice made or given under the Principal Act in relation to any of the matters provided for in Part X X I I of the Principal Act and in force immediately before the commencement of this Act shall continue in force, but may be rescinded, revoked, varied or replaced by a proclamation, notifica­ tion, or notice made or given under the Principal Act as amended by this Act.

5. (1) The Governor may, on the recommendation of the Minister and the Minister of Agriculture jointly, make regulations not inconsistent with Par t

X X I I of the Principal Act as amended by this
Act, prescribing all matters which by that Par t are required or permitted to be prescribed or which are necessary or convenient to be prescribed for

carrying that Par t into effect in so far as that Pa r t	relates to land in the Western Division which is outside
the area of the council, and in particular and without prejudice to the generality of the foregoing power, may make regulations for or with respect to any of the matters referred to in subsection one of section 475J of the Principal Act as amended by this Act.

(2) A regulation made under this section may—

(a) be made to apply to all lands outside the area of any council or any specified part of such lands;

(b)

(b)	impose a penalty for any breach thereof and also distinct penalties in case of successive breaches thereof, but no such penalty shall exceed fifty pounds;
(c)	impose also a daily penalty for any continuing breach thereof not exceeding five pounds per day;

(d) fix a minimum as well as a maximum penalty;

(e) authorise any matter or thing to be from time to time determined, applied or regulated by the Minister of Agriculture or by the Western Lands Commissioner or by a pastures protec­ tion board by resolution, or by the chairman of a pastures protection board, either generally or for any class of cases or in any particular case.

(3) A regulation made under this section shall—

(a) be published in the Gazette;

(b)	take effect from the date of publication or from a later date to be specified in the regulation;
(c)	be laid before both Houses of Parliament within fourteen sitting days after publication if Par­ liament is then in session, and if not, then within fourteen sitting days after the commencement of the next session.

(4) If cither House of Parliament passes a resolution of which notice has been given within fifteen sitting days after such regulation has been laid before such House disallowing the regulation or any part thereof,

effect. such regulation or part shall thereupon cease to have RACING