Noxious Insects (Amendment) Act 1954 (NSW)
NOXIOUS INSECTS (AMENDMENT) ACT.
Act No. 44, 1954.
An Act to make further provision for the Elizabeth ii,
suppression and destruction of noxious insects; for this purpose to amend the Noxious Insects Act, 1934, the Pastures Protection Act, 1934, and certain other Acts in certain respects; and for purposes connected therewith. [Assented to, 14th December, 1954.]
T )E it enacted by tlie Queen’s Most Excellent Majesty, -IJ by and with the advice and consent of the Legis-' lative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—
1. (1) This Act may be cited as the “ Noxious Insects Short title
| (Amendment) Act, 1954.” | Citation. |
| (2) The Noxious Insects Act, 1934, as amended by this Act, may be cited as the Noxious Insects Act, 1934 1954. | |
| (3) The Pastures Protection Act, 1934, as amended by subsequent Acts and by this Act, may be cited as the Pastures Protection Act, 1934-1954. |
| 2 . | The Noxious Insects Act, 1934, is amended^— | Amendment of Act No. 22, 1934. |
| (a) | by omitting subsection one of section three and Sec. 3. by inserting in lieu thereof the following sub- (Deciara- | 1 | • | tion of |
| section. | noxious |
| , | insects.) |
(1) The Australian plague locust and the small plague grasshopper shall bo noxious insects for the purposes of this Act.
(b)
298 Noxious Insects (Amendment) Act.
| No. 44, 1954. | (b) by inserting next after section seven the |
| New sec. | following new section:— |
| 71.. |
| Duties of | 7a. Where the Under Secretary and Director |
| boards in |
| destruction | of the Department of Agriculture gives notice |
| of noxious | in writing to a board that an outbreak of noxious |
| insects. | insects is predicted in the district the board shall— |
| (a) | in such manner and at such times as may be specified in the notice from the Under Secretary and Director of the Department of Agriculture, give public notice in the district that— |
(i) an outbreak of noxious insects is predicted;
(ii) occupiers are required to give notice to the secretary of the board when noxious insects appear on their land;
(iii) occupiers are required contin uously to suppress and destroy noxious insects on their land; and
(iv) occupiers who require materials for the suppression and destruc tion of noxious insects may apply to the board for those materials;
| (b) | from time to time, having regard to the information available to it of the extent or probable extent of the outbreak, determine the quantity of materials required for the suppression and destruction of the noxious insects and inform the Under Secretary and Direc tor of the Department of Agriculture accordingly; | |
| (c) | receive and store materials for the suppression and destruction of the noxious insects supplied to the board liv th(' ih^partment of Agriculture and, | |
|
| Noxious Insects (Amendment) Act. | 299 |
if the outbreak occurs, establish in the No. 44, 1954»
district depots from which supplies of
those materials may be obtained free
of charge by occupiers;
| (d) | comply with any direction given to the board by the Minister for or in connection with the suppression or prevention of the predicted outbreak. |
(c) (i) by inserting in subsection one of section Sec. 8.
| eight after the word “ by” the words “ the (Powerof | entry- |
| Minister or” ; | private lands.) |
(ii) by inserting at the end of the same section the following new subsections;—
(3) The Minister or the board may at any time by his or its officers, servants, agents or contractors enter any land within the district, other than land referred to in subsection one of section nine of this Act, and take such measures and carry out such work as the Minister or the board, as the case may be, deems necessary for or with respect to the suppression and destruc tion of noxious insects thereon.
(4) Any costs or expenses reasonably incurred by the Minister or the board in the exercise of his or its powers under subsec tion three of this section, other than the cost of materials for the suppression and destruction of noxious insects, may be recovered in any court of competent juris diction by the Minister or the board, as the case may be, from the occupier or owner for the time being of the land in respect of which such powers were exercised as a debt due and owing by him to the Minister or the board, as the case may be.
The amount of any judgment recovered by the Minister or the board under this sub section and of any costs awarded to the Minister or the board in respect of his or
its
300 Noxious Insects (Amendment) Act.
| No. 44, 1954. | its claim shall be a charge on the said land and such charge shall be a charge upon land within the meaning of section one hundred and eighty-seven of the Conveyancing Act, 1919, as amended by subsequent Acts, and may be registered accordingly. |
| Sec. 9. | (d) (i) by inserting in subsection one of section nine |
| (Power of |
| entry— | after the words “ authorised by” the words |
| Crown | “ the Minister o r” ; |
| lands, etc.) |
(ii) by omitting subsection two of the same section;
| New sec. 9a. | (6) | by inserting next after section nine the following new section:— |
| Crown and | 9a. The Crown, the Minister and any other |
| others not |
| liable for | person shall not be liable for compensation or |
| damages. | damages by reason of anything done or omitted to be done in the exercise of any power conferred by section eight or nine of this Act or in respect of any injury that may directly or indirectly result therefrom unless such thing was done or omitted to be done wilfully, negligently or maliciously. |
| See. 10. | (f) (i) by omitting from subsection one of section |
| (Boards to | ten the words “ one penny” | ̂ | " | and by inserting |
| levy a |
| special | in lieu thereof the word ‘ | ‘ threepence ’ ’; |
| rate.) |
(ii) by omitting from the same subsection the words “ one-sixth of a penny” and by inserting in lieu thereof the words “ a half penny” ;
(iii) by inserting at the end of the same section the following new subsection:—
(3) Any proclamation under this section may be varied or revoked by any subsequent proclamation published in the Gazette.
is)
| Noxious insects (Amendment) Act. | 301 |
(g) (i) by omitting from subsection two of section No. 44, 1954.
ele\en the words “ purchase of materials Sec. 11.
for the suppression and destruction of (Contribu- noxious insects ’ ’ and by inserting in lieu tion to be thereof the words “ purposes specified in N̂ôxious°
| paragraphs (a) and (ai) of subsection three n̂sects | Destruction |
| of this section” ; | Account.) |
(ii) by inserting next after paragraph (a) of subsection three of the same section the following new paragraph;—
(ai) to meet the costs of suppressing and destroying noxious insects pur suant to subsection three of section eight or subsection one of section nine of this Act and for other purposes connected therewith or incidental thereto;
(iii) by inserting at the end of the same section the following new subsection:—
(4) Any moneys received or recovered by the Minister pursuant to subsection four of section eight of this Act for or in respect of costs or expenses incurred by him pursuant to subsection three of that section shall be paid into such account.
| 3 . | The Pastures Protection Act, 1934-1951, is | Amendment |
| of Act No. |
| amended— | 35, 1934. |
| (a) | by inserting in paragraph (b) of subsection one | Sec. 8a. |
| of section 8a after the words “ under this Act” | of board (Eemoval | |
| the words “ or the Noxious Insects Act, 1934 | from office | |
| 1954,” ; | mpiit of and appoint- | |
| administra tor.) |
| (b) (i) by inserting in subsections one and two of section 160a after the words “ under this | Sec. 100 a . |
| defaults | |
| (Official |
| Act” the words “ or the Noxious Insects | of a |
| Act, 1934-1954,” ; | board.) |
(ii) by inserting in subsection one of the same section after the words “ of this Act,” where firstly occurring the words “ or the Noxious Insects Act, 1934-1954,” .
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