Noxious Weeds Act 1904 (WA)

WESTERN AUSTRALIA.

ANN 0 QUARTO

E_DWARDI SEPTIMI REGIS,

xx.

**Man ***fl***********V****************M***********

No. 45 of 1904.

AN ACT to prevent the spread of Noxious

Weeds.

[Assented to 24th December, 1904.]

and Legislative Assembly of Western Australia, in this presentBE it enacted by the King's Most Excellent Majesty, by andwith the advice and consent of the Legislative Council

Parliament assembled, and by the authority of the same, as follows:—

and shall come into force on the first day of January, one thousand commencement 1. This Act may be cited as the Noxious Weeds Act, 1904, Short title and

nine hundred and five.

2.	The Noxious Weeds Act, 1900, is hereby repealed.	Repeal.
3.	In this Act, save so far as the context otherwise requires—	Interpretation.

No.

" Clear," in relation to land, means to cut down and keep cut ios:."19°Qo. se' N

down, or to grub or pull up the stems or roots of noxious weeds, or to burn or plough under noxious weeds so as in every case to prevent any part of them from flowering:

" Inspector " means an inspector appointed under this Act, and includes any person authorised by the Minister to perform the duties of an inspector :

1904, No. 451 Noxious Weeds. [4 Enw. VII.

" Local Authority " means a municipal council or road board : " Locality " means any area of country described as such by

the Minister and published in the Government Gazette:

"Minister " means the Minister for Lands, and includes the responsible Minister of the Crown acting for the time being as Minister for Lands :

" Noxious Weeds " means such plants as the Minister, by notice in the Government Gazette, may declare to be noxious weeds, either generally or in any particular locality :

" Occupier " means every person in occupation of or found working upon land, and includes the owner of any land which is apparently unoccupied:

" Owner " means the person for the time being registered in the office of Land Titles or the Registry of Deeds, or in the Department of Lands or of Mines, as the proprietor, owner, lessee, or licensee of land, and includes any person for the time being entitled to the rent of land, or who would be entitled to the rent if the land were let at a rent.

Minister may

declare plants to be 4. The Minister may, at any time, on the recommendation of the

noxious weeds.

advisory board of the Department of Agriculture, by notice in the

Government Gazette, declare any plants to be noxious weeds, either

generally or in any particular locality, and may, from time to time,

alter or revoke any such declaration.

Inspectors. 5.

The Governor may from time to time appoint inspectors,

with such powers and functions as he deems necessary to carry out

the provisions of this Act.

Inspector may enter

upon land. 6. An inspector may, at all reasonable times, enter upon any

N.Z., 1900, No. 10,	land, whether enclosed or not, for the purpose of ascertaining if any
s. 10.	noxious weeds are growing thereon.
on occupier of

Notice to be served 7.

If an inspector finds any noxious weed growing upon any of the Schedule hereto, require him to clear the land within the time specified in the notice, and it shall be the duty of the occupier to do so.

infested land.	land he may, by notice to the occupier in the form or to the effect
See ibid., s. 11.
Such notice shall indicate, as nearly as practicable, the portion or portions of the land on which the noxious weed is growing.

Penalty for neglect 8.

Any occupier who fails or neglects to clear the land in But the justices may suspend any proceedings for the recovery of such penalty for such time not exceeding three months as they may think fit, on being satisfied that the defendant is using reason- able exertions to clear the land.

to clear after notice.

accordance with such notice shall be liable, on the information of an

inspector, to a penalty not exceeding fifty pounds.

4 EDW. VII.] Noxious Weeds. [1904, No. 45.

Provided that, if the land is cleared within the time fixed by the justices no penalty shall be inflicted.

9.      If the occupier fails or neglects to clear the land in accordance Inspector may clear

with such notice as aforesaid, an inspector may enter upon the land, at occupier's l expense.

with or without assistants, and do the work at the expense in all,

„ 1900, N o .

things of the occupier ; but nothing herein contained shall relieve s

the occupier from any penalty he may have incurred by reason of

his default, failure, or neglect.

by a certificate in writing signed by the Minister, and shall be recover expense. 10. The amount of such expense shall be ascertained and fixed Minister may

recoverable by him from the occupier or, at the option of the Minister, from the owner of the land, with costs, in any court of competent jurisdiction.

11. (i.) As between the owner and occupier, the expense of clearing the land, under section seven or nine hereof, shall be borne	Proportion of ex- pense to be borne
by owner and
as follows:	occupier.

If the occupier, at the time of service of the notice as See tibia., s. 13.

aforesaid, has a right of occupation for six years or

more, he shall bear the whole of the expense ;

If for four years but less than six years, the occupier shall

bear two-thirds of the expense ;

If for two years but less than four years, the occupier shall

bear one-third of the expense;

But if for less than two years, the owner shall bear the

whole of the expense.

(2.) Either party paying more than his proportion may recover the excess from the other by action in any court of com- petent jurisdiction.

(3.) Any owner having only a partial interest or a particular estate in the land, paying a sum beyond what is proportional to such interest, may recover such excess from any other owner or owners, and shall be entitled to a charge on the interest in the land of such other owner or owners for such excess.

12.      Any person being a mortgagee in possession of land shall Expenditure by

be liable as owner, and may add to his mortgage debt any sum mortgagee.

expended or contributed by or recovered from him under this Act.

13.      Every local authority shall, out of its general revenue, from Local authority to

time to time clear all lands under its control, and if it fails or clear lands miller its

neglects to do so, the Minister may cause the same to be done, and ibid., s.

may recover the expense from the local authority in any court of

competent jurisdiction.

1904, No. 45.] Noxious Weeds. [4 Enw. VII.

Clearing of Crown 14. On a report being made to the Minister by any municipal

land.	council or road board, or the advisory board of the Department of Agriculture, that any noxious weed is growing upon any Government railway reserve, stock route, or camping ground, or unoccupied Crown lands within one mile of cultivated land, all such reserves, routes, grounds, or lands shall, from time to time, be cleared by the Minister for Lands and the Commissioner of Railways respectively.
Manner in which

notices may be 15. Any notice under this Act may be served-

served. ( I .) By delivering it to the person upon whom the same is to

N.Z., 1900, •No. 10,	be served personally;
s. 24.

(2.) By leaving it for him at his usual or last known place of

abode or business ;

(3.) By forwarding it by post in a prepaid letter addressed to

him at his last known place of abode or business ;

(4.) By affixing it in some conspicuous place on the land to

which it relates.

If owner absent,

agent liable. 16. If any person appearing to be the owner of any land is, or

is reasonably believed to be, absent from Western Australia, or cannot after reasonable inquiries be found, any notice or legal process served on the agent of the owner shall be deemed to have been duly served on the owner.

Proof of service. 17. (1.) The service of any notice under this Act may be

proved by an indorsement on a duplicate thereof, signed by the inspector by whom it was served, setting forth the day, place, and mode of service ; or such person may, in any proceedings, depose to the service on oath or affirmation.

(2.) The signature to an indorsement of service shall be

prima tocie evidence that the indorsement was signed by the person

whose signature it purports to be.

(3.) Any false statement in an indorsement of service shall render the person making the same liable, on summary conviction, to imprisonment, with or without hard labour, nut exceeding six months.

Inspector to pro-	18. Every inspector shall be furnished in writing under the
duce certificate of

appointment.	hand of the Minister with a certificate of his appointment, and upon his entering upon any premises for the purposes of this Act he shall, if required, produce such certificate to the owner or occupier.
obstructing

Penalty for 19. Any person who obstructs or hinders an inspector in the

inspector.	exercise of his duty under this Act shall be liable to a penalty not
Ibid., s. 19.	exceeding fifty pounds.

4 Enw. VII.] Noxious Weeds. [1904, No. 45.

20. All penalties under this Act shall be recoverable summarily RecoverY	and appro-
of penalties.

before any two justices of the peace in petty sessions, and shall be priation

paid to the Colonial Treasurer for the public use of the State. Ib^d, s. 20.

21. In any legal proceedings under this Act-- Proof of ownership.

(a.) A certificate purporting to be signed by the Registrar of Titles, or his deputy, that any person's name appears in any register book kept under the Transfer of Land Act, 1893, as the proprietor or lessee of any land; and

(b.) A certificate purporting to be signed by the Under Secre- tary for Lands or for Mines that any person is registered as the lessee or licensee of any land; or'

A certificate purporting to be signed by an officer of a municipal council, or road board, that any person is rated as an owner or occupier in respect of any land to any general rate for the municipality or road district within which such land is situated,

shall be prima facie evidence that such person is the proprietor, lessee, licensee, owner, or occupier, as the case may be, of such land.

22. In any legal proceeding under this Act, no proof shall be simplification of

proof in certain

required— cases.

(f.) Of any authority to prosecute ; or

(2.) Of the appointment of any inspector ; or

(3.) Of the authority of any person to exercise the powers and

functions of an inspector ; or

(4.) Of the signature of the Minister or of any inspector.

23. All expenses incurred in the administration of this Act Provisions for

shall be paid out of the moneys to be appropriated by Parliament "Pens".

for the purpose. Ibid., s. 22.

24. The Governor may make regulations for carrying this Act Regulations.

into effect.

1904, No. 45.] Noxious Weeds. [4 EDW. VII:

Section 7. THE SCHEDULE.

The Noxious Weeds Act, 1904.

To A.B.

(Address.)

(Occupation.)

TAKE NOTICE, that the undermentioned noxious weeds are growing upon the land

occupied by you, as hereunder indicated, and you are required to clear the said

land within from this date.

Land. Description of Weeds to be cleared.

Dated the day of 19 .

Inspector.

By Authority : WM. ALFRED WATSON, Government Printer, Perth.