Noxious Trades and Cattle-slaughtering Act 1894 (NSW)

1894. h r VIC. N o. 21. 69

Noxious Trades and Cattle-slaughtering.

No. XXL

A n A ct to reg’iih ite th e carryin i’’ on of* N o x io u s

T rades, and th e 81ani>*hteriin;* o f C a tt le ; to >

incorporate th e B oard o f H e a lth ; and for

oth er purposes. [23rd Maij, 1894.]

" T ) r it enacted by tlie Queen’s i\tost Excellent Majesty, by and n-itli I J the advice and consent of tbe Legislative Council and Legislative Assembly of N cav South "Wales in Parliament assembled, and by tbe authority of the same, as follows :—

PART I.

R egulatiox of N oxious Trades.

Scope of Tart I.

1. Except as in the next section provided, Part I of this Actiocui scciicorriuiT.

shall have eflect in the county of Cumberland on and aftcu' the first day of July, one thousand eight hundred and ninety-four. jVnd it shall have effect in any other parts of the Colony of New Soutli AValcs to which the Governor may, on the recommendation of the Hoard of Health, by Proclamation in the Gazette, declare tliat its provisions are extended, and on and after the day named in tlie ])ro- clamation : Provided tliat the Governor may, on the recommendation and in the manner aforesaid, revoke or vary any declaration made under tbis section.

2. Tbe Governor, on the recommendation of the Board of GoToinoriorti'ciim!

Health may, after the passing of this Act, declare, by proelamatiou in the Gazette, that any trade, business, or manufacture therein named is a noxious trade Avithin the meaning of this Act, and may, by proclamation as aforesaid, revoke or vary any declaration made under this section. And the Board sliall forthAvith furnisli to the local autlioritics hereinafter mentioned a copy of every declaration made under this section.

Local Authorities.

3. Subject to the proAosions hereinafter contained. Part I of Lociii aunioi-iUos for

tliis Act shall be admlnistei'cd by tln ̂ folloAving local autlioritics— adimmstration ot

(i) APithin tin; boundaries of tlu' city of Sydney, the Municipal '

Council of that city.

(ii)  AVithin tlic limits of any other municipality or portion thereof, the council of tliat municipality.

(in) In any plact' Avherc there is no municipality, the senior police

officer of the police district in Avhich tliat place is situate.

And in each case the area Avithin Avhich a municipal council or police officer has authority as aforesaid shall constitute a district for the purposes of Part I of this Act.

4. I t shall be the duty of every local authority within its DuCos .ii io. ui

autliuiilius.

district— '

(i)  To keep a register of the name and address of OA'cry person carrying on, or about to carry on, a noxious trade, and of tbe promises used or to be used by that person in carrying on that trade, and such other jiarticulars as may be prcscrilic'd ; and, Avith the approA'al of tlie Board in tliat behalf ju’cviously

obtained.

N o. 21. 57“ VIC. 1894.

Noxious Trades and Cattle-slaughtering.

obtained, to issue annual licenses in the form and in the manner to be ])roscrihed upon payment of the fees to ho prescribed.

(ii)  To strihe from the register the name and address of every person Avho has ceased to carry on a noxious trade.

(ill)   To keep the register open at all reasonable times for inspec­ tion by the Board or its officers, and to furnish any extracts from the same that the Board may require.

(iv)  By itself or its officers, to inspect at the times prescribed all premises registered under Bart I of this Act, and the material, machinery, appliances, and utensils therein used, and to enter on the register the date and result of every inspection.

(v)  To furnish to the Board in the month of J uly of each year a report of its proceedings under this Act during the last preceding tn elve months, in such form as may he jJi’escrihed.

(vi)  To carry out any regulations in force under this Act, and any instructions issued by the Board dealing with noxious trades.

Powers of local 5. The local authority sliall, within its district, have the

authorities. following powers in addition to any other potvers conferred by Part I of this Act or by any regulations made under this Act dealing with noxious trades, namely—

(i)  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.

(ii)   To require, by notice in writing, any person carrying on a noxious trade to place and maintain his premises in a sanitary condition.

(ill) To refuse or cancel the registration of any person in respect of any premises Avhich are on an unsuitable site or in an insanitary condition or in, on, or about Avhich tlic provisions of Part I of this Act or any regulation made thereunder dealing Avith noxious trades are not carried out.

Board o f Health.

Powers of officers

and Poard.	6. Any officer of the Board of Health, and any person duly authorised by the Board in that behalf, may, at any time, exercise the rights of entry and inspection conferred on the local authority by the tAvo last preceding sections.
The Board may also exercise any of the poAvers and perform any of the duties Avliich a local authority may exercise or perform under Part I of this A c t ; and anything done by a local authority inconsistent Avith any poAver exercised or duty performed by the Board under this section shall l)c Anid and inoperatiAn.
Poard may require
local authority to	7. The Board may require a local autliority to exercise any this Act, and Avitliiu a time to he limited by the Board in that behalf; and in case the said ri'quircment he neglected or disobeyed by the said authority, the Board may exercise the power or perform the duty, and recover in an action of debt in any Court of competent jurisdiction against the said authority the expenses thereby incurred.
exercise powers or	power conferred or perform any duty imposed on it by Part I. of
perform duties.

Carrying on o f Noxious Trades.

Appiieiition to local S. (i) EA'ci'y pei'sou, hcforc commencing to carry on a noxious rc'i'gistraUoif̂ c'iiewai trade ill a district Avithin Avhich Part I of this Act is then in force, of registration. shall apply hi Avritiiig to the local authority of that district to enter

on the register the ])articulars imuitioned in subsection one of section

four of this Act.

' 'Where

1894. 57“ VIC. No. 21. 7:

Noxious Trades and Cattle-slaughtering.

Where a person, on the day Avlien Part I of this Act comes into force in a district, is carrying on a trade, business, or manufacture then declared to he a noxious trade, he shall ivithin three months after the said day apply as aforesaid to be registered.

Where a trade, business, or manufacture carried on by a person in a district is afterwards declared to he a noxious trade, the said person shall, Avithin three months after the day when the said trade, business, or manufacture has been declared to he a noxious trade, apply as aforesaid to be registered.

The application shall in each case he accompanied by the payment to the local authority of such fees as may be prescribed.

(ii) The application to register shall be reneAved yearly, on or

before the first day of July in each year, and shall he aceompanic'd by the prescribed annual fee. And immediate notice shall he given by the person carrying on any noxious trade of any change in the particulars above mentioned.

9. Any person Avho Avithin a district carries on a noxious trade in Cavrying on tivuio . • • • xi X i- 1 *2.1 i- ■witliout I'cj^istrution.

or on any premises or uses any premises in carrympj on that trade Avitiiout being then registered in respect of those jircmises, or Avithout being the holder of a license under this Act in respect of those premises, shall be liable to a penalty not exceeding tAA cnty-five poimds for each day during Avhieh he carries on the said trade or uses those premises as aforesaid.

PART II.

Regulation of Cattle Slauguteuing.

Local scope o f Tart II.

10.                Except AARcre in this Act otherwise provided. Part I I of Comnu-ncement and

this Act sliall have effect on and after the first day of September, one thousand eight hundred and ninety-four, in all parts of the Colony not being Avithin the city of Sydney, or Avithin three miles from the said city : Provided that the Board shall have the poAvers hereinafter specified in respect of an abattoir established under the Act fourteenth Victoria number thirty-six.

Local Authorities.

11. Subject to the proAusions hereinafter contained. Part I I of Local authonties

this Act shall be administered by the folloAAung local authorities—

(i)  Within the limits of any municipality or portion thereof, the council of that municipality.

(ii)  In any place AAliere tliere is no municipality, the senior police

officer of the police district in Avhich that place is situate.

And in each ease the area Avithin Avhich a municipal council or police officer lias authority as aforesaid shall constitute a district for the purposes of Part I I of this Act : Provided that during the time that an abattoir, established by a council or councils of any municipality or municijialities under the provisions of this Act, is used as a public slaughter-house, the Board of Health shall be the local authority Avitlu'n the district or districts included in the said municipality or municipalities.

12. It shall be the dut of evciw local authority Avitliin its Uut.ies of locui

district— ' ‘ .ulLoriUos,

(i)   To keep a register of the name and address of every person using or about to use or build premises as a slaughter-house,

• and

72 No. 21. 57̂ VIC. 1894.

Noxious Trades and Cattle-slaughtering.

and of the said premises, and such other particulars as may he prescribed ; and, on being satisfied that the requirements of this Act and of the regulations made thereunder relating to the slaughtering of cattle have been fulfilled, to issue annual licenses in the form and in the manner to be prescribed, upon payment of the fees to be prescribed.

(ii) To strike from the register the name and address of every

■ person who has ceased to use premises as a slaughter-house.

(ill) To keep the register ojien at all reasonable times for inspec­ tion by the Board and its officers, and to furnish any extracts from the same that the Board may require.

(iv)  By itself or its officers to inspect at the times prescribed all premises registered as slaughter-houses, and all utensils and appliances, and the carcasses, blood, offal, garbage, and material therein and thereon, for the purpose of enforcing the provisions of this Act and any regulations made there­ under as to the slaughtering of cattle, and to enter on the register the result of every inspection.

(v)  To furnish to the Board in the month of July of each year a report of its proceedings under Part I I of this Act during the last preceding twelve months, in such form as may be prescribed.

Powcr.^ of local	13.	The local authority shall, for tlie purpose of regulating tlic
authorities.

slaughtering of cattle within its district, have the following powers in addition to any otlun- powers conferred by this Ac( or by any regulation made thereunder, namely :—

(i)  To enter or authorise the entry at any time into or upon any

premises used, or reasonably suspected of being used as a slaughter-house, and inspect the same, and the utensils and appliances, carcasses, blood, offal, garbage, and material therein and thereon.

(ii)   To require, by notice in Avriting, any person using premises as a slaugliter-house to place and maintain those premises in a sanitary condition.

(ill) To refuse or cancel the registration of any person in respect of any j)remises which are on an unsuitable site or in an insanitary condition, or in, on, or about ivliich the provisions of Part I I of this Act, or of any regulation made thereunder dealing ivitli the slaughtering of cattle, are not carried out.

Board o f Ilealth.

Powovs of oiTiecrs and

Board.	14. Any officer of the Board of Ilealth, and any person authorised by tlie Board in that behalf may, at any time, exercise the rights of entry and inspection conferred on the local authority by tlic tivo last preceding sections.
The Board may also exercise any of the powers and perform any of the duties which a local authority may exorcise or perform under Part I I of this A ct; and anything done by a local authority inconsistent with any power exercised or duty performed by the Board under this
Board to have	section shall bo void and inoperative.
certain powers in all	15. The Board may I’equire a local authority to exercise any power conferred or perform any duty imposed on it by Part I I of this Act, and within a time to be limited by the Board in that behalf; and in case the said requirement be neglected or disobeyed by the said authority, the Board may exercise the power or perform the duty, and recover in an action of debt in any Court of competent jurisdiction against the said authority the expenses thereby incurred.
districts.

1894. VIC. No. 21.

Noxious Trades and Cattle-slaughtering.

16. On tlie passing of this Act the Board shall, for the purpose Power of Board over

of regulating the slaughtering of cattle in any ahattoir established	'̂■b'dtmr.
under the Act fourteen Victoria number thirty-six, have the control of the said ahattoir, and shall he the authority for administrating the said A c t; and for that purpose the powers and authorities vested by the said Act in the Governor shall bo vested in and may he exercised by the Board.

Use o f Tremises as Slaughter-houses.

17. (i) Every person before commencing to build or use auy Applic ation for rcgis-

premises in any district as a slaughter-house shall make an application r™iXVtion?'̂ ''''̂

in writing to the local authority of that district to enter on the register

the particulars mentioned in section twelve, subsection (i),of this Act

accompanii'd by a description as prescribed of the site proposed and

of the buildings intended to be erected.

Where a person, on the day when Part I I of this Act comes into

force is using premises in any district as a slaughter-house, he shall,

Avithin three months after the said day, apply as aforesaid to he

rcii’istcred. o

The application shall in each case he accompanied by the payment to the local authority of such fees as may he prescribed.

(ii) The ap})lication to register shall be renewed yearly, on or before the first day of July in eacli year, and shall he accompanied by the prescribed annual fee. And immediate notice shall he given by the person using any premises as a slaughter-house of any change in the particulars above mentioned.

18. Any person Avho within a district, and for the purposes of Using premises

any trade, business, or manufacture, keeps premises (not being an

registration,

ahattoir established under the authority of this Act) as a slaughter­ house Avithout being then registered, or Avithout being the holder of a

license under Part I I of this Act in respect of those premises, shall he

liable to a jicnalty not exceeding tAventy pounds.

Abattoirs.

19.   ( i ) The Council of a Municipality, either alone or jointly Abattoirs.

Aviththe Council of any other adjoining Municipality or Municipalities may, Avith the ajiproval of tlie Board first obtained, establish in any district included in the said Municipality or Municipalities an ahattoir to be used as a public slaugliter-house.

(ir) After the establishment as aforesaid and during the Aise of an ahattoir it shall not he laAvful Avithin the district or districts included in the said municipality or municipalities to slaughter any cattle for the purpose of any trade or business, to he used within the said district or districts for the food of man, otherAvise than in the ahattoir.

(ill) The jirovisions of Part I I of this Act shall apply to

abattoirs, and shall Avithin the said district or districts he administered

by the Board.

PAET

INTO. 21. b r VIC. 1894.

Noxious Trades and Cattle-slaughtering.

PAET III .

General Provisions.

Incorporation o f Board o f Ilealth.

Incorporation of 20. (i) The Board of Health appointed or to bo appointed

33oard. under the Infectious Diseases Supervision Act of 1881 shall on and after the passing of this Act be a body corporate under that name, and shall have perpetual succession and a common seal. And all courts, judges, justices, and persons acting judicially shall take judicial notice of the common seal of the hoard vlien affixed to any document, and shall presume that the seal was duly affixed.

( i i ) The Board of Health, as incorporated by this Act,

shall have all the powers that the Board or the members of the Board had, and shall be subject to all the liabilities to which the Board was subject prior to the passing of this Act.

Miscellaneous and Repeal.

A])piieatiou of foes	21. All fccs payable to, and all penalties recovered by or under authority of a Municipal Council, shall be paid to that Council, and shall be 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. In every other case the fees and penalties shall form part of the Consolidated Eevenue Bund, and shall be applied accordingly.
and penalties.
Kepiulationa by	22. The Governor, upon the recommendation of the Board of Health, may make regulations respecting registration, the granting of licenses, the fees to be paid, the inspection of registered and unregis­ tered premises, the disposal of offal and garbage, the sanitary rules to be observed and the appliances to be used in the carrying on of noxious trades and the slaughtering of cattle under Parts I and I I of this Act, and the fees and charges to be made in aliattoirs, and generally for carrying out the provisions of this A ct; and by those regulations may impose any penalty not exceeding twenty pounds for any breach thereof. All regulations shall be published in the Gazette, and shall thereupon, if not inconsistent ndth this or any other Act, have the force of law ; and shall be laid on the table of each House of Parliament without delay.
Governor.
Obstructing persons	23. Whosoovei’ hiudei’s or obstructs any person in the discharge pŷ fy imposcd O n him by or under any authority conferred l)y this Act or by any regulations made thereunder shall he liable to a penalty not exceeding ten pounds.
m discharge of duty,
ronaitios for contra-	2d. Any pcrsoii who rcfuscs or neglects to do any of the things which he is required by this Act to do, or is guilty of a breach of any of the provisions of this Act, or refuses or neglects to carry out any of the lawful requirements of the Board or of a local authority, shall, in addition to any liability to a cancellation of any registration under this Act, l)c liable to a penalty not exceeding twenty pounds for each offence.
YoriUon of this Act.

Penalties, how 25. All penalties imposed by this Act, or by any regulations

recoTcred. made under its authority, may be recovered before a police or stipendiary magistrate, or any two Justices of the Peace in Petty Sessions : Pro­ vided that any person aggrieved by any judgjucnt, conviction, or order given or made under this section, may appeal therefrom in the manner provided by the Act fifth lYilliam Pourth number twenty-tu o.

1894. 57' VIC. No. 21. 75

Noxious Trades and Catlle-slaugldering.

26. In this Act or any regulation made thereunder— Dormitious.

“ Tlie Governor” means the Governor with the advice of the

Executive Council.

“ Tlic Board” means the Board of Ilealth.

“ Cattle ” includes sheep, lamhs, pigs and goats, and bovine cattle.

“ District” in matters dc'alt Avith under Barts I and I I of this Act

means District constituted hy or under the authority of those

parts respectively.

“ Noxious trade” means any trade, business, or manufacture

declared hy the GoA'crnor to he a noxious trade.

“ Premises” includes any building, land, ship, a'csscI, or place.

“ Prescrihed” means proscribed hy regulations to he made under

the authority of this Act.

“ Slaughter-house ” includes any premises used in connection

AAdth the slaughtering of cattle.

27. On and after the lirst day of July, one thousand (Ight SyiinovCoi--

hundred and ninety-four, so much of the Sydney Corporation Act Munil“patitk̂ Aû rcpcaleil on that day.

of 1879 as authorises the Council of that corporation to make hy-hiAVS i»67.

for the suppression of nuisances, or for keeping all premises in the

city free from offensive and umvholesome matter, or for the regulation

or supju'cssion of any trade causing a nuisance, or AAliicli is in any Avay

offensive or noisome, in so far as it includes or refers to the carrying

on of any noxious trade*, shall he repealed; and any hy-laws dealing

On and after the day on aa hich tlic provisions of Part I of this Act have elfc'ct in any district, the poAver of the Council of any jNfunicipality under the authority of the IMunicipalitics Act of 1807 to make hy-laAVS for suppressing nuisances, and for restraining noisome and offensive trades, in so far as it includes or refers to the carrying on of any noxious trade Avithin that district, shall he repealed; and any by-laAvs in force on that day A\'ithin that district dealing Avith any of the matters ahovc-mentioned shall lie void, and shall stand repealed on that day.

On and after the first day of September, one thousand eight hundred and ninety-four, the poAAd’of the Council of any Municijiality under the authority of the Municipalities Act of 1807 to make hy-huvs regulating the killing of cattle and the establishment and locality of slaughter-houses and abattoirs sliall lie repealed ; and any hy-laAvs in force on that day dealing Avitli any of the matters ahovc-mentioned shall he Amid, and shall stand repealed on that day.

28. On and after the first dav of Septemhi'r, one thousand (dght R'-iioai: 5 AVm. tv

1 -1 1 1 ■ i j • 4-1 !• 1 1 1 IT Vic.

finncfr(!(f and nmety-four, si'dions one, two, three, fourteen, andjsr,,. ao.

fifteen of the Act fifth William Eourth number one, and the Avhole of

the Act fourteenth Victoria mimlier thirty, shall he rcpi'alcd. And

any reference in the unrcjiealed portions of the first-mentioned Act to

“ licensed premises,” so far as those portions rcgnlate the slaughtering

of cattle and matters incidental thereto, shall he taken to refer to

jiremist's in respect of Avhich a license has issued under this Act.

29. This Act may he cited as the “ Noxious Trades and Cattle-slaughtering Act, 1894.”

No. XXII.