Noxious Trades Act 1902 (NSW)
Act No. 82, 1902.
noxioû eades. An Act to consolidate the enactments relating
| to the carrying on of noxious trades. | [15//̂ |
| September, 1902.] |
| ■ | enacted by the King’s Most Excellent Majesty, by and Avitb the advice and consent of the Legislative Connciland Legislative Assembly of New South AVales in Parliament assembled, and by the |
| authority of the same, as follows |
| Short title. | 1. This Act may be cited as the “ Noxious Trades Act, 1902.” |
| Act No. 82, 1902. | 583 |
Noxious Trades.
2. (1) The Acts mentioned in the Pirst Schedule to this Act itopeai and savings,
arc to the extent therein expressed hereby repealed.
| (2) (i) All proclamations made under the authority of any | • |
enactment hereby repealed, and having effect at the time of the passing
of this Act, shall he deemed to have been made hereunder.
(ii) Every license granted under the authority of any enactment hereby repealed, and existing at the time of the passing of this Act, shall be deemed to have been granted under the authority of this Act.
(iii) All regulations made under the authority of any enactment hereby repealed, and being in force at the time of the passing of this Act, shall be deemed to have been made under the authority of this Act.
3. In this Act, unless the context or subject-matter otherwise interpretation,
| indicates or requires,— | 57 Vio. No. 2i, s. 2G. |
“ The Board ” means the Board of Health as constituted and
incorporated by the Public Ht'alth Act, 1902.
“ District ” means district constituted by or under the authority
of this Act.
“ Noxious trade ” means any trade, business, or manufacture
declared by the Governor, under the provisions of this Act,
| to be a noxious trade. | . |
“ Prescribed ” means prescribed by regulations made under the
authority of this Act.
4. (1) This Act shall have effect in the county of Cumberland. Local scope.
|
may, by proclamation in the Gazette, declare that the provisions of this Act arc, on and after a day to be named in such proclamation, extended to any otlier part of the State of New South Wales, and on and after the day so named the provisions of this Act shall have effect in such part - of the said State ; the Governor may, on the recommendation and in the manner aforesaid, revoke or vary any such proclamation.
(/j) On and after the day on whicli the provisions of this Act liave effect in any district the power of the council of any municipality under the authority of the Municipalities Act, 1897, to make by-laws for suppressing nuisances and for restraining noisome trades, so far as it includes or refers to the carrying on of any noxious trade within that district, sliall be repealed; and any by-laws in force on that day within that district dealing with any of tfie matters above- mentioned shall he void, and shall stand repealed on tliat day.
5. (1) The Governor, on the recommendation of the Board, Governor to declare
may declare, by proclamation in the Gazette, that any trade, business,
or manufacture therein named is a noxious trade within the meaning rud. s. 2.
of this Act, and may, by proclamation as aforesaid, revoke or vary any
| proclamation made under this section. | (2 ) |
584 Act No. 82, 1902.
Noxious Trades.
(2) The Board shall forthwith furnish to the local authorities hereinafter mentioned a copy of every proclamation made under this section.
Local authorities.
| Local authorities. | 6 . Subject to the provisions hereinafter contained, this Act |
| 57 Vic, No. 21, 8. 3. | shall be administered by the following local authorities— |
{a) within the boundaries of the city of Sydney, the municipal
council of that city ;
| (b) | within the limits of any other municipality or portion thereof, the council of that municipality; |
| (c) | in any place where there is no municipality, the senior police officer of the police district in which that place is situate : |
And in each case the area within which a municipal council or police officer has authority as aforesaid shall constitute a district for the purposes of this Act.
Duties of local
| authorities. | 7. I t shall he the duty of every local authority within its |
| Ibid. 8. 4. | district— |
| (a) | to keep a register of the name and address of every person carrying on, or about to carry on, a noxious trade, and of the premises used or to be used by that person in carrying on that trade, and such other particulars as are prescribed; |
| (b) | to strike from the register the name and address of every person who has ceased to carry on a noxious trade; |
| (c) | to keep the register open at all reasonable times for inspection by the Board or its officers, and to furnish any extracts from the same that the Board requires ; |
| (d) | with the approval of the board in that behalf previously obtained to issue annual licenses in the form and in the manner pi’escrihed upon payment of the fees prescribed; |
| (e) | by itself or its officers, to inspect at the times prescribed all premises registered under this Act, and the material, machinery, appliances, and utensils therein nsed, and to enter on the register the date and result of every inspection ; |
( /) to furnish to the Board in the month of July of each year a report of its proceedings under this Act during the last preceding twelve months, in such form as is prescribed;
(ff) to carry out any regulations in force under this Act, and any
instructions issued by the Board dealing with noxious trades.
| Towers of local | 8 . The local authority shall, within its district, have the |
| authorities. | following powers in addition to any other powers conferred by this |
| Ibid. 8. 5. | Act, or by any regulations made under this Act dealing with noxious trades, namely— |
| (a) | to enter or authorise the entry at any time into or upon and to inspect any premises used or reasonably suspected of being used in carrying on any noxious trade; |
L ..
| Act No. 82, 1902. | 585 |
Noxious Trades.
{h) to require, by notice in Avriting, any person carrying on a noxious trade to place and maintain bis premises in a sanitary condition;
| (c) | to refuse or cancel the registration of any person in respect of any premises which are on an unsuitable site or in an insanitary condition, or in, on, or about which the provisions of this Act or any regulation made thereunder dealing with noxious trades are not carried out. |
The Board.
| 9. Any officer of the Board, and any ])crson duly authorised by the Board in that behalf, may, at any time, exercise the rights of entry | and board. |
| Powers of ofllcors | |
| 57 Vic. No. 21, b.G. | |
| and inspection conferred on the local authority by the two next' preceding sections. |
10. The Board may exercise any of the powers and perform any Powers of board,
of the duties Avhich a local authority may exercise or perform under this Act, and anything done by a local authority inconsistent Avith any poAver exercised or duty performed by the Board under this or the next preeeding section shall be void and inoperative.
| 11. The Board mav require a local authority to exercise anv power conferred or perform any duty imposed on it by this Act, and | may require |
| powers or |
AA'ithin a time to be limited by the Board in that behalf; and if the said iierform duties,
| requirement is neglected or disobeyed by the said authority, tlu' Board | '<■ |
| may exercise the power or perform the duty, and recover in an action of debt in any Court of competent jurisdictionagainst the said authority the expenses thereby incurred. |
Carrying on of noxious trades.
12. (1) ( a ) Every person, before commencing to carry on a noxious Applications to local
trade in a district within which this Act is then in force, shall apply in roglitration” ̂ the particulars mentioned in paragraph {a) of section seven of this Act.
{h) Where a person, on the day Avhen this Act comes ‘ '
into force in a district, is carrying on a trade, business, or manufacture then declared to be a noxious trade, he shall, within three months after the said day, apply as aforesaid to be registered.
(e) Where a trade, business, or manufacture carried on by a person in a district is afteiuA'ards declared to be a noxious tradiy the said person shall, within three months after the day AA'hen the said trade, business, or manufacture has been declared to be a noxious trade, apply as aforesaid to be registered.
| (d) | The application shall in each case be accompanied |
by the payment to the local authority of the pi’escribed fees.
| , | (2) The application to register shall be renewed yearly, on |
or before the first day of July in each year, and shall be accompanied
| by the prescribed annual fee. | (3) |
586 Act No. 82, 1902.
Noxious Trades.
(3) Immediate notice shall he given by the person carrying
on any noxious trade of any change in the particulars above mentioned.
| Carrying on trade | 13. Whosoever ivithin a district carries on a noxious trade in or being then registered in respect of those premises, or without being the holder of a license under this Act in respect of those premises, shall be liable to a penalty not exceeding twenty-five pounds for each day during which he carries on the said trade or uses those premises as aforesaid. |
| ■witliout registration. | on any premises, or uses any premises in carring on that trade without |
| 57 Vic. No. 21, 8. 9. | |
| Special provisions as | 14. No license shall be granted or being granted shall he operative for or in respect of any house or premises used as an establish ment for the extraction of tallow from the carcasses of cattle or for the salting of beef for exportation as aforesaid, unless the proprietor thereof shall have entered into a recognizance to His Majesty with two sufficient sureties—himself in two hundred pounds and tlie sureties in one hundred pounds each in the form and with the conditions in the |
| to certain licenses. | |
| 15 Vie. No. 13, s. 20, | |
| Second Scliedule. | Second Schedule hereto. |
Miscellaneous.
| Appiioation of foes | 15. All fccs payable to, and all penalties recovered by or under pg applied to the same purposes as the city rate, in the case of the municipal council of Sydney, and as the general rates in the case of any other municipal council, and in every other case the fees and penalties shall form part of the Consolidated Revenue Eund and be applied accordingly. |
| and penalties. | authority of a municipal council, shall be paid to that council, and |
| 57 Vie. No. 21,8.21. |
| Regulations. | 16. (1) The Governor may, upon the recommendation of the |
| Ihid. s. 22. | Board, make regulations respecting— |
(a) registration;
(b) the granting of licenses ;
(c) the fees to be paid;
(d) the inspection of registered and unregistered premises ;
(e) the disposal of olfal and garbage ;
| ( / ') | the sanitary rules to he observed and the appliances to be used in the carrying on of noxious trades under this A c t; and |
(ff) generally for carrying out the provisions of this Act.
(2) The Governor may by such regulations impose any
penalty not exceeding twenty pounds for any breach thereof.
(3) Such regulations shall be published in the Gazette, and shall thereupon, if not inconsistent with this or any other Act, have the force of law ; and shall be laid upon the Table of each House of Parliament without delay.
| Obstructing persons | 17. "Whosoever hinders or obstructs any person in the discharge |
| in discharge of duty. g£ | duty imposcd ou him by or under any authority conferred by this not exceeding ten pounds. |
| Ibid. 8. 23. | regulations made thereunder, shall be liable to a penalty |
18.
| Act No. 82, 1902. | 587 |
Noxious Trades.
18. Whosoever refuses or neglects to do any of the things which Penalties for
| he is required hy this Act to do, or is guilty of a breach of any of the | of tins |
| provisions of this Act, or refuses or neglects to carry out any of the 57 | 21, s. 24. |
| lawful requirements of the Board or of a local authority, shall, iip addition to any liability to a cancellation of any registration under this Act, he liable to a penalty not exceeding twenty pounds for each offence. |
19. All penalties imposed by any regulations made under this Penalties how
| Act, mav he recovered in the same manner as if such penalties had been | • | y | 1 | • | A | 4- | 3. 25. |
imposed under this Act.
SCHEDULES.
| FIRST SCHEDULE. | Section 2. |
| Referenoo to Act. | Title or short title. | Extent of rcpCAil. |
15 Vic. No. 13 A.n Act to amend the laws for the slaughtering of Section twenty.
cattle and to secure the immediate destruction of
animals dying of disea.se.
57 Vic. No. 21 Noxious Trades and Cattle-slaughtering Act, 1894 ... The unrepealetl portion.
| SECOND SCHEDULE. | Section 14. |
New Sontli Wales |
| to wit. | j |
| B e it romembored that on the | day of | , one thousand nine hundred |
and , A.B. of , C.D. of , and E.F. of , came personally before us, G.H. and J.K., Esquires, two of His Majesty’s Justices of the Peace, actin" in and for the district lif in the said State, and acknowknlged themselves to owe to our Sovereign Lord the King, to wit the said A.B. the sum of two hundred pounds, tlic said C.D. the sum of one hundred pounds, and the .said E.F. tlie sum of one hundred pounds of lawful money of Great Britain, to be respectively levied upon their several goods and chattels, lands and tenements, to the use of our said Lord the King, His Heirs, and Successors, in case default shall be made in the performance of any of the conditions hereunder written.
The conditions of this recognizance are such that whereas the said A.B. is to be licensed to slaughter cattle on his premises situate at , and the said A.B. intends to employ his said premises as a place or establishment for the extraction of tallow from the carcasses of cattle or for salting beef for exportation (as the case may be), if the said A.B shall keej) a book in which he shall enter a particular and faithful account and description of all cattle slaughtered on the said premises, specifying the colours, marks, brands, sex, and apjiarent age of such cattle, and the time of slaughter, and the names of the persons by whom such cattle were delivered at the said premises, and of the persons on whose account the said cattle were received, and of the persons to whom or for whoso use the tallow extracted from the same or the beef salted has been delivered ; and shall permit such book and all cattle intended to be slaughtered to bo inspected by any
person
588 Act No. 83, 1902.
Newcastle Sewerage.
person wlio may require to see the same, and shall transmit once in each fortnight to the Bench of Justices at a report of all cattle slaughtered, togetlier with the particulars above mentioned, in writing under his liand, or in his absence under the hand of the manager of the said establishment. Then tliis recognizance to be void otherwise to remain in full force.
Taken and acknowledged the day and year above written before us.
| G. H. | (l.s.) |
| J. K. | (l.s.) |
0
0
0